Creditable service

§ 8332. Creditable service (a) The total service of an employee or Member is the full years and twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any. (b) The service of an employee shall be credited from the date of original employment to the date of separation on which title to annuity is based in the civilian service of the Government. Credit may not be allowed for a period of separation from the service in excess of 3 calendar days. The service includes— (1) employment as a substitute in the postal field service; (2) service in the Pan American Sanitary Bureau; (3) subject to sections 8334(c) and 8339(h) of this title, service performed before July 10, 1960, as an employee of a county committee established under section 590h(b) of title 16 or of a committee or an association of producers described by section 610(b) of title 7; (4) service as a student-employee as defined by section 5351 of this title only if he later becomes subject to this subchapter; and (5) a period of satisfactory service of a volunteer or volunteer leader under chapter 34 of title 22 only if he later becomes subject to this subchapter. The Civil Service Commission shall accept the certification of the Secretary of Agriculture or his designee concerning service for the purpose of this subchapter of the type performed by an employee named by paragraph (3) of this subsection. For the purpose of paragraph (5) of this subsection— (A) a volunteer and a volunteer leader are deemed receiving pay during their service at the respective rates of readjustment allowances payable under sections 2504(c) and 2505(1) of title 22; and 80 Stat. 568 (B) the period of an individual’s service as a volunteer or volunteer leader under chapter 34 of title 22 is the period between enrollment as a volunteer or volunteer leader and the termination of that service by the President or by death or resignation. (c) Except as provided by subsection (d) of this section, an employee or Member shall be allowed credit for periods of military service store the date of the separation on which title to annuity is based. However, if an employee or Member is awarded retired pay on account of military service, his military service may not be credited unless the retired pay is awarded— (1) on account of a service-connected disability— (A) incurred in combat with an enemy of the United States; or (B) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by section 301 of title 38; or (2) under chapter 67 of title 10. (d) For the purpose of section 8339(c) (1) of this title a Member— (1) shall be allowed credit only tor periods of military service not exceeding 5 years, plus military service performed by the Member on leaving his office, for the purpose of performing military service, during a war or national emergency proclaimed by the President or declared by Congress and before his final separation from service as Member; and (2) may not receive credit for military service for which credit is allowed for purpose of retired pay under other statute. (e) This subchapter does not affect the right of an employee or Member to retired pay, pension, or compensation in addition to an annuity payable under tins subchapter. (f) Credit shall be allowed for leaves of absence without pay granted an employee while performing military service or while receiving benefits under subchapter I of chapter 81 of this title. Except for a substitute in the postal field service, credit may not be allowed for so much of other leaves of absence without pay as exceeds 6 months in the aggregate in a calendar year. (g) An employee who during the period of a war, or of a national emergency as proclaimed by the President or declared by Congress, leaves his position to enter the military service is deemed, for the purpose of this subchapter, as not separated from his civilian position because of that military service, unless he applies for and receives a lump-sum credit under this subchapter. However, the employee is deemed as not retaining his civilian position after December 31, 1956, or after the expiration of 5 years of that military service, whichever is later. (h) An employee who— (1) has at least 5 years’ Member service; and (2) serves as a Member at any time after August 2, 1946; may not be allowed credit for service which is used in the computation of an annuity under section 8339(c) of this title. (i) An individual who qualifies as an employee under section 8331 (1) (E) of this title is entitled to credit for his service as a United States Commissioner, which is not credited for the purpose of this subchapter for service performed by him in a capacity other than Commissioner, on the basis of— (1) 1/313 of a year for each day on which he performed service as a Commissioner before July 1, 1945; and 80 Stat. 569 (2) 1/260 of a year for each day on which he performed service as a Commissioner after June 30, 1915. Credit for service performed as Commissioner may not exceed 313 days in a year before July 1, 1945, or 260 days in a year after June 30, 1945. For the purpose of this subchapter, the employment and pay of a Commissioner is deemed on a daily basis when actually employed. (j) Notwithstanding any other provision of tins section, military service, except military service covered by military leave with pay from a civilian position, performed by an individual after December 1956, and the period of an individual’s service as a volunteer or volunteer leader under chapter 34 of title 22, shall be excluded in determining the aggregate period of service on which an annuity payable under this subchapter to the individual or to his widow or child is based, if the individual, widow, or child is entitled, or would on proper application be entitled, at the time of that determination, to monthly old-age or survivors benefits under section 402 of title 42 based on the individual’s wages and self-employment income. If the military service or service as a volunteer or volunteer leader under chapter 34 of title 22 is not excluded by the preceding sentence, but on becoming 62 years of age, the individual or widow becomes entitled, or would on proper application be entitled, to the described benefits, the Civil Service Commission shall redetermine the aggregate period of service on which the annuity is based, effective as of the first day of the month in which he or she becomes 62 years of age, so as to exclude that service. The Secretary of Health, Education, and Welfare, on request of the Commission, shall inform the Commission whether or not the individual, widow, or child is entitled at any named time to the described benefits. For the purpose of this subsection, the period of an individual’s service as a volunteer or volunteer leader under chapter 34 of title 22 is the period between enrollment as a volunteer or volunteer leader and termination of that service by the President or by death or resignation.