Definitions

§ 8331. Definitions For the purpose of this subchapter— (1) “employee” means— (A) an employee as defined by section 2105 of this title; (B) the Architect of the Capitol and an employee of the Architect of the Capitol; 80 Stat. 565 (C) a Congressional employee as defined by section 2107 of this title (except the Architect of the Capitol and an employee of the Architect of the Capitol), after he gives notice in writing to the official by whom he is paid of his desire to come within the purview of this subchapter; (D) a temporary Congressional employee appointed at an annual rate of pay, after he gives notice in writing to the official by whom he is paid of his desire to come within the purview of this subchapter; (E) a United States Commissioner whose total pay for services performed as Commissioner is not less than $3,000 in each of the last 3 consecutive calendar years ending after December 31, 1954; (F) an individual employed by a county committee established under section 590h(b) of title 16; (G) an individual employed by the government of the District of Columbia; (H) an individual employed by Gallaudet College; and (I) an individual appointed to a position on the office staff of a former President under section 1 (b) of the Act of August 25, 1958 ( 72 Stat. 838); but does not include— (i) a justice or judge of the United States as defined by section 451 of title 28; (ii) an employee subject to another retirement system for Government employees; (iii) an employee or group of employees in or under an Executive agency excluded by the Civil Service Commission under section 8347(g) of this title; (iv) an individual or group of individuals employed by the government of the District of Columbia excluded by the Commission under section 8347 (h) of this title; (v) a temporary employee of the Administrative Office of the United States Courts or of a court named by section 610 of title 28; (vi) a construction employee or other temporary, part-time, or intermittent employee of the Tennessee Valley Authority; (vii) an employee under the Office of the Architect of the Capitol excluded by the Architect of the Capitol under section 8347(i) of this title; (viii) an employee under the Library of Congress excluded by the Librarian of Congress under section 8347(j) of this title; or (ix) a student-employee as defined by section 5351 of this title. Notwithstanding this paragraph, the employment of a teacher in the recess period between two school years in a position other than a teaching position in which he served immediately before the recess period does not qualify the individual as an employee for the purpose of this subchapter. For the purpose of the preceding sentence, “teacher” and “teaching position” have the meanings given them by section 901 of title 20; (2) “Member” means a Member of Congress as defined by section 2106 of this title, and a Delegate to Congress, after he gives notice in writing to the official by whom he is paid of his desire to come within the purview of this subchapter; 80 Stat. 566 (3) “basic pay” includes— (A) the amount a Member received from April 1, 1954, to February 28, 1955, as expense allowance under section 601(b) of the Legislative Reorganization Act of 1946 (60 Stat. 850), as amended; and that amount from January 3, 1953, to March 31, 1954, if deposit is made therefor as provided by section 8334 of this title; and (B) additional pay provided by— (i) subsection (a) of section 60e-7 of title 2 and the provisions of law referred to by that subsection; and (ii) sections 60e-8, 60e-9, 60e-10, and 60e-ll of title 2; but does not include bonuses, allowances, overtime pay, military pay, pay given in addition to the base pay of the position as fixed by law or regulation except as provided by subparagraph (B) of this paragraph, retroactive pay under section 5344 of this title in the case of a retired or deceased employee, uniform allowances under section 5901 of this title, or lump-sum leave payments under subchapter VI of chapter 55 of this title. For an employee paid on a fee basis, the maximum amount of basic pay which may be used is $10,000; (4) “average pay” means the largest annual rate resulting from averaging an employee’s or Member’s rates of basic pay in effect— (A) over any 5 consecutive years of creditable service; or (B) at a Member’s option over all periods of Member service after August 2, 1946, used in the computation of an annuity under this subchapter; with each rate weighted by the time it was in effect; (5) “Fund” means the Civil Service Retirement and Disability Fund; (6) “disabled” and “disability” mean totally disabled or total disability, respectively, for useful and efficient service in the grade or class of position last occupied by the employee or Member because of disease or injury not due to vicious habits, intemperance, or willful misconduct on his part within 5 years before becoming so disabled; (7) “Government” means the Government of the United States, the government of the District of Columbia, and Gallaudet College; (8) “lump-sum credit” means the unrefunded amount consisting of— (A) retirement deductions made from the basic pay of an employee or Member; (B) amounts deposited by an employee or Member covering earlier service; and (C) interest on the deductions and deposits at 4 percent a year to December 31, 1947, and 3 percent a year thereafter compounded annually to December 31, 1956, or, in the case of an employee or Member separated or transferred to a position not within the purview of this subchapter before he has completed 5 years of civilian service, to the date of the separation or transfer; but does not include interest— (i) if the service covered thereby aggregates 1 year or less; or (ii) for the fractional part of a month in the total service; 80 Stat. 567 (9) “annuitant” means a former employee or Member who, on the basis of his service, meets all requirements of this subchapter for title to annuity and files claim therefor; (10) “survivor” means an individual entitled to annuity under this subchapter based on the service of a deceased employee, Member, or annuitant; (11) “survivor annuitant” means a survivor who files claim for annuity; (12) “service” means employment creditable under section 8332 of this title; (13) “military service” means honorable active service— (A) in the armed forces; (B) in the Regular or Reserve Corps of the Public Health Service after June 30, 1960; or (C) as a commissioned officer of the Coast and Geodetic Survey after June 30, 1961; but does not include service in the National Guard except when ordered to active duty in the service of the United States; (14) “Member service” means service as a Member and includes the period from the date of the beginning of the term for which elected or appointed to the date on which he takes office as a Member; and (15) “price index” means the annual average over a calendar year of the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics.