38 U.S.C. § 7426 — Retirement rights
submitted 35 years ago by Pub. L. 102-40 to r/title-38-VETERANS-BENEFITS · 406 words · no verdicts yet
Administration appointees generally receive the applicable Federal retirement benefits. Special rules convert part-time service into an equivalent full-time measure for certain annuities, with an exception that credits specified pre-1986 service as full-time.
(a) Except under subsection (b), Administration appointees are covered by, and receive benefits under, title 5 chapter 83 subchapter III or chapter 84 subchapter II, whichever applies.
(b)(1) For a person retiring under those provisions, other than section 8337 or 8451, after December 31, 1981, who at any time served less than full time in a subchapter I Administration position: (A) for average pay under section 8331(4) or 8401(3), the full-time annual basic-pay rate is treated as the person’s basic-pay rate; and (B) the annuity under section 8339 or 8415, before any section 8339(i) reduction, is multiplied by the person’s total full-time-equivalent service divided by creditable service under section 8332 or 8411. (2) Full-time-equivalent service is creditable service, except each less-than-full-time period is prorated by its fraction of full-time service; full time means 80 hours per two-week pay period. (3) A survivor annuity under section 8341 or chapter 84 subchapter IV based on that person uses the annuity calculated under paragraph (1).
(c) Subsection (b) does not apply to a registered nurse’s, physician assistant’s, or expanded-function dental auxiliary’s part-time service before April 7, 1986. That service is credited as full-time under the applicable retirement rule.
Except as provided in subsection (b), persons appointed to the Administration shall be subject to the provisions of and entitled to benefits under subchapter III of chapter 83 of title 5 or subchapter II of chapter 84 of title 5, whichever is applicable.
In computing the annuity under subchapter III of chapter 83, or subchapter II of chapter 84, of title 5 of an individual who retires under such subchapter (other than under section 8337 or 8451 of such title) after December 31, 1981, and who served at any time on a less-than-full-time basis in a position in the Administration to which such individual was appointed under subchapter I—
for the purpose of determining such individual’s average pay, as defined by section 8331(4) or 8401(3) of title 5, whichever is applicable, the annual rate of basic pay for full-time service shall be deemed to be such individual’s rate of basic pay; and
the amount of such individual’s annuity as computed under section 8339 or 8415 of title 5 (before application of any reduction required by subsection (i) of section 8339) shall be multiplied by the fraction equal to the ratio that that individual’s total full-time equivalent service bears to that individual’s creditable service as determined under section 8332 or 8411 of title 5, whichever is applicable.
For the purposes of paragraph (1)(B), an individual’s full-time equivalent service is the individual’s creditable service as determined under section 8332 or 8411 of title 5, whichever is applicable, except that any period of service of such individual served on a less-than-full-time basis shall be prorated based on the fraction such service bears to full-time service. For the purposes of the preceding sentence, full-time service shall be considered to be 80 hours of service per biweekly pay period.
A survivor annuity computed under section 8341, or subchapter IV of chapter 84, of title 5 based on the service of an individual described in paragraph (1) shall be computed based upon such individual’s annuity as determined in accordance with such paragraph.
The provisions of subsection (b) shall not apply to the part-time service before April 7, 1986, of a registered nurse, physician assistant, or expanded-function dental auxiliary. In computing the annuity under the applicable provision of law specified in that subsection of an individual covered by the preceding sentence, the service described in that sentence shall be credited as full-time service.
Source credit: (Added Pub. L. 102–40, title IV, § 401(b)(3)(B), May 7, 1991, 105 Stat. 231; amended Pub. L. 102–585, title V, § 522, Nov. 4, 1992, 106 Stat. 4959; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(g)(5)], Oct. 30, 2000, 114 Stat. 1654, 1654A–294; Pub. L. 107–135, title I, § 132, Jan. 23, 2002, 115 Stat. 2454.)
- 1991Enacted · Pub. L. 102-40 · 105 Stat. 231
- 1992Amended · Pub. L. 102-585 · 106 Stat. 4959
- 2000Amended · Pub. L. 106-398 · 114 Stat. 1654, 1654
- 2002Amended · Pub. L. 107-135 · 115 Stat. 2454
A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-40 on 1991-05-07.
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