### §2152. Special rules relating to section 2013 criteria employees

#### (a) In general

Except as otherwise provided in this section, in the application of chapter 84 of title 5 to an employee of the Agency who is subject to such chapter and is designated by the Director under the criteria prescribed in section 2013 of this title, such employee shall be treated for purposes of determining such employee's retirement benefits and obligations under such chapter as if the employee were a law enforcement officer (as defined in section 8401(17) of title 5).

#### (b) Voluntary and mandatory retirement

The provisions of sections 2053 and 2055 of this title shall apply to employees referred to in subsection (a), except that the retirement benefits shall be determined under chapter 84 of title 5.

#### (c) Recall

(1) Except as provided in paragraph (2), section 2111 of this title shall apply to an employee referred to in subsection (a).

(2) Contributions during recall service shall be made as provided in section 8422 of title 5.

(3) When an employee recalled under this subsection reverts to a retired status, the annuity of such employee shall be redetermined under the provisions of chapter 84 of title 5.

#### (d) Employees disabled on duty

#### (1) Definitions

In this subsection—

(A) the term "affected employee" means an employee of the Agency covered under subchapter II of chapter 84 of title 5 who—

(i) is performing service in a position designated under subsection (a);

(ii) while on duty in the position designated under subsection (a), becomes ill or is injured as a direct result of the performance of such duties before the date on which the employee becomes entitled to an annuity under section 2053 of this title or section 8412(d)(1) of title 5;

(iii) because of the illness or injury described in clause (ii), is permanently unable to render useful and efficient service in the employee's covered position, as determined by the Director; and

(iv) is appointed to a position in the civil service that is not a covered position but is within the Agency; and

(B) the term "covered position" means a position as—

(i) a law enforcement officer described in section 8331(20) or 8401(17) of title 5;

(ii) a customs and border protection officer described in section 8331(31) or 8401(36) of title 5;

(iii) a firefighter described in section 8331(21) or 8401(14) of title 5;

(iv) an air traffic controller described in section 8331(30) or 8401(35) of title 5;

(v) a nuclear materials courier described in section 8331(27) or 8401(33) of title 5;

(vi) a member of the United States Capitol Police;

(vii) a member of the Supreme Court Police;

(viii) an affected employee; or

(ix) a special agent described in section 4044(15) of title 22.

#### (2) Treatment of service after disability

Unless an affected employee files an election described in paragraph (3), creditable service by the affected employee in a position described in paragraph (1)(A)(iv) shall be treated as creditable service in a covered position for purposes of this chapter and chapter 84 of title 5, including eligibility for an annuity under section 2053 of this title or 8412(d)(1) of title 5 and determining the amount to be deducted and withheld from the pay of the affected employee under section 8422 of title 5.

#### (3) Break in service

Paragraph (2) shall only apply if the affected employee transitions to a position described in paragraph (1)(A)(iv) without a break in service exceeding 3 days.

#### (4) Limitation on treatment of service

The service of an affected employee shall no longer be eligible for treatment under paragraph (2) if such service occurs after the employee is transferred to a supervisory or administrative position related to the activities of the former covered position of the employee.

#### (5) Opt out

An affected employee may file an election to have any creditable service performed by the affected employee treated in accordance with chapter 84 of title 5 without regard to paragraph (2).

(Pub. L. 88–643, title III, §302, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3244; amended Pub. L. 117–225, §3(c), Dec. 9, 2022, 136 Stat. 2296.)

#### Applicability of Amendment

For provisions relating to delayed applicability of amendment by Pub. L. 117–225, see Effective Date of 2022 Amendment note set out under section 8336 of Title 5, Government Organization and Employees.

#### **Editorial Notes**

#### Prior Provisions

A prior section 302 of Pub. L. 88–643, as added Pub. L. 99–335, title V, §506, June 6, 1986, 100 Stat. 625, related to special rules relating to employees designated under criteria of former section 203 of Pub. L. 88–643 and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

#### Amendments

2022—Subsec. (d). Pub. L. 117–225 added subsec. (d).

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2022 Amendment

Amendment by Pub. L. 117–225 effective Dec. 9, 2022, and applicable to an individual who suffers an illness or injury described in certain Code provisions on or after the date that is 2 years after Dec. 9, 2022, see section 3(f) of Pub. L. 117–225, set out as a note under section 8336 of Title 5, Government Organization and Employees.

#### Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

#### Regulations

For provisions relating to promulgation of regulations to carry out the amendments made by Pub. L. 117–225, see section 3(e) of Pub. L. 117–225, set out as a note under section 8336 of Title 5, Government Organization and Employees.