Source
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 518; Pub. L. 93–181, § 2, Dec. 14, 1973, 87 Stat. 705; Pub. L. 99–335, title II, § 207(d), June 6, 1986, 100 Stat. 595; Pub. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–378, § 2(52), Oct. 2, 1992, 106 Stat. 1353; Pub. L. 108–411, title II, § 202(a), (b), Oct. 30, 2004, 118 Stat. 2312.)
Historical and Revision Notes
| Derivation |
U.S. Code |
Revised Statutes and Statutes at Large |
| | 5 U.S.C. 2062(a), (b), (e), (i). | Oct. 30, 1951, ch. 631, § 203(a), (b), (e), (i), 65 Stat. 679–681. |
| | | Sept. 6, 1960, Pub. L. 86–707, § 401 “(e)”, 74 Stat. 799. |
| | | Aug. 19, 1964, Pub. L. 88–448, § 203, 78 Stat. 487. |
| | 5 U.S.C. 3101 (as applicable to 5 U.S.C. 2062(a)). | Aug. 19, 1964, Pub. L. 88–448, § 101 (as applicable to § 203), 78 Stat. 484. |
In subsection (a), the words “Except as otherwise provided in this subsection” are omitted as unnecessary in view of the specific inclusion of the exception in the third sentence. The words “for the purposes of this subsection” are omitted as surplusage. The reference to “section
8332 of this title for the purpose of an annuity under subchapter
III of chapter
83 of this title” is substituted for “section 3 of the Civil Service Retirement Act for the purposes of an annuity under such Act to reflect the codification of that Act in this title. In paragraph (B), the words “on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed” are substituted for “immediately prior to the effective date of this sentence he was employed in a civilian office to which this Act applies and, on and after such date, he continued to be employed in any such office”.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
The date of the enactment of this subsection, referred to in subsec. (e)(1), is the date of enactment of
Pub. L. 108–411, which was approved Oct. 30, 2004.
Amendments
2004—Subsec. (a).
Pub. L. 108–411, § 202(a)(2), inserted “, and for all service which is creditable by virtue of subsection (e)” before period at end of second sentence.
Subsec. (e).
Pub. L. 108–411, § 202(a)(1), added subsec. (e).
Subsec. (f).
Pub. L. 108–411, § 202(b), added subsec. (f).
1992—Subsec. (a).
Pub. L. 102–378 amended second sentence generally. Prior to amendment, second sentence read as follows: “In determining years of service, an employee is entitled to credit for all service creditable under section
8332 of this title for the purpose of an annuity under subchapter
III of chapter
83 of this title and all service creditable under section
8411 of this title for the purpose of chapter
84 of this title.”
1991—Subsec. (a)(A)(ii).
Pub. L. 102–83 substituted reference to section
1101 of title
38 for reference to section
301 of title
38.
1986—Subsec. (a).
Pub. L. 99–335 inserted “and all service creditable under section
8411 of this title for the purpose of chapter
84 of this title” at end of second sentence.
1973—Subsec. (b).
Pub. L. 93–181 substituted “an employee whose current employment is limited to less than 90 days is entitled” and “under successive appointments” for “an employee is entitled” and “under one or more appointments” respectively.
Effective Date of 2004 Amendment
Pub. L. 108–411, title II, § 202(c), Oct. 30, 2004,
118 Stat. 2312, provided that: “None of the amendments made by subsection (a) [amending this section] shall apply in the case of any employee holding a position pursuant to an appointment made before the effective date of the regulations implementing such amendments.”
Effective Date of 1992 Amendment
Section 9 of
Pub. L. 102–378 provided that:
“(a) In General.—Except as otherwise provided in this section, this Act and the amendments made by this Act [see Tables for classification] shall take effect as of the date of enactment of this Act [Oct. 2, 1992].
“(b) Exceptions.—(1) The amendment made by section
4
(c) [amending provisions set out as a note under section
31–2 of Title
2, The Congress] shall be effective as of December 31, 1991.
“(2) The amendments made by section
5
(d) [amending section
8440d of this title] shall be effective as of December 9, 1991.
“(3) The amendments made by sections
2
(13) and
2
(17) [amending section
4109 of this title and repealing section
3342 of this title] shall be effective as of October 1, 1991.
“(4) The amendments made by sections
2
(11),
2
(19),
2
(29), and
2
(38) [amending sections
3324,
4505a,
5332, and
5403 of this title] shall be effective as of May 4, 1991.
“(5) The amendments made by section
2
(25) [amending section
5302 of this title] shall be effective as of February 3, 1991.
“(6) The provisions of section
8
(a) and the amendments made by sections
2
(57)(A),
2
(60),
2
(64),
2
(67),
2
(71),
2
(75)(A),
3
(1),
3
(4),
3
(6), and
5
(a) [amending sections
5532,
8331,
8335,
8344,
8347,
8425,
8461,
8468, and
8901 of this title, repealing section
5380 of this title, enacting provisions set out as a note under section
5532 of this title, amending provisions set out as notes under sections
2105,
5304,
5305,
5378, and
8348 of this title, and repealing provisions set out as notes under sections
5380 and
5532 of this title] shall be effective as of November 5, 1990.
“(7) The amendment made by section
2
(52) [amending this section] shall be effective as of January 1, 1989, except that no amount shall become payable, as a result of the enactment of such amendment, under—
“(A) subchapter
VI of chapter
55 of title
5, United States Code, based on a separation that takes effect or an election that is made before the date of enactment of this Act [Oct. 2, 1992]; or
“(B) section
5551
(b) of title
5, United States Code, which is attributable to an individual’s being excepted from subchapter I of chapter 63 of such title before the date of enactment of this Act.
“(8) The amendment made by section
2
(69) [amending section
8440 of this title] shall be effective as of November 10, 1988.
“(9) The amendments made by sections
2
(40),
2
(41),
2
(42),
2
(43), and
3
(5) [amending sections
5541,
5542,
5544, and
5547 of this title and provisions set out as a note under section
5305 of this title] shall be effective as of the first day of the first applicable pay period beginning on or after the date of enactment of this Act [Oct. 2, 1992].
“(10) The amendments made by section
2
(28) [amending section
5314 of this title] shall be effective as of the first day of the first applicable pay period beginning on or after November 5, 1990.
“(11) The amendment made by section
2
(49) [amending section
5724 of this title] shall apply with respect to a separation that takes effect on or after the date of enactment of this Act [Oct. 2, 1992].
“(12) The amendment made by section
5
(e) [amending section
1441a of Title
12, Banks and Banking] shall apply with respect to any action (described in subclause (I) or (II) of the provisions struck by such amendment) occurring on or after the date of enactment of this Act [Oct. 2, 1992].”
Effective Date of 1986 Amendment
Amendment by
Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of
Pub. L. 99–335, set out as an Effective Date note under section
8401 of this title.