In determining years of service, an employee is entitled to credit for all service of a type that would be creditable under section 8332, regardless of whether or not the employee is covered by subchapter III of chapter 83, and for all service which is creditable by virtue of subsection (e). However, an employee who is a retired member of a uniformed service as defined by section 3501 of this title is entitled to credit for active military service only if-
The determination of years of service may be made on the basis of an affidavit of the employee. Leave provided by this subchapter accrues to an employee who is not paid on the basis of biweekly pay periods on the same basis as it would accrue if the employee were paid on the basis of biweekly pay periods.
This subsection does not apply to more than one period of leave in a prescribed tour of duty at a post outside the United States.
5 U.S.C. § 6303
HISTORICAL AND REVISION NOTE | ||
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. |
EDITORIAL NOTES
REFERENCES IN TEXTThe 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.
AMENDMENTS2004-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.
STATUTORY NOTES AND RELATED SUBSIDIARIES
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 Pub. L. 102-378, §9, Oct. 2, 1992, 106 Stat. 1360, 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 4725 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.
- Member
- The term "Member" means a Senator in, a Representative in, or a Delegate or Resident Commissioner to, the Congress.