[Code of Federal Regulations]
[Title 5, Volume 2, Parts 700 to 1199]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR847.202]

[Page 355-356]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 847--ELECTIONS OF RETIREMENT COVERAGE BY CURRENT AND FORMER EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES--Table of Contents
 
Subpart B--Elections to Continue Retirement Coverage After a Qualifying 
                                  Move
 
Sec. 847.202  Definition of qualifying move.

    (a) A qualifying move occurring on or after August 10, 1996, which 
would allow an opportunity to elect to continue retirement coverage 
under CSRS and FERS must meet all the following criteria:
    (1) The employee must not have had a prior opportunity to elect to 
continue CSRS or FERS retirement coverage;
    (2) The employee must have been vested in CSRS or FERS prior to the 
move to a NAFI;
    (3) The employee must have moved from a position covered by CSRS or 
FERS to a retirement-covered position in a NAFI; and
    (4) The employee must begin employment in a retirement-covered 
position in a NAFI no later than 1 year after separation from CSRS- or 
FERS-covered employment.
    (b) A qualifying move occurring on or after August 10, 1996, which 
would allow an opportunity to elect to continue retirement coverage 
under a NAFI retirement system must meet all the following criteria:
    (1) The employee must not have had a prior opportunity to elect to 
continue NAFI retirement system coverage;
    (2) The employee must have been a vested participant in the NAFI 
retirement system (as the term ``vested participant'' is defined by that 
retirement system) prior to the move to a CSRS- or FERS-covered 
position;
    (3) The employee must have moved from a NAFI to a civil service 
position subject to CSRS or FERS coverage; and
    (4) The employee must be appointed to a CSRS- or FERS-covered 
position no later than 1 year after separation from retirement-covered 
NAFI employment.
    (c) A qualifying move occurring between January 1, 1987, and August 
9, 1996, which would allow an opportunity to elect to continue 
retirement coverage under CSRS or FERS must meet all the following 
criteria:
    (1) The employee must not have had a prior opportunity to elect to 
continue CSRS or FERS retirement coverage;
    (2) The employee must have been vested in CSRS or FERS prior to the 
move to a NAFI;
    (3) The employee must have moved from a CSRS- or FERS-covered 
position within the Department of Defense or the U.S. Coast Guard to a 
retirement covered position with a NAFI; and
    (4) The employee must begin employment in a retirement-covered 
position in a NAFI no later than 4 days after separation from CSRS- or 
FERS-covered employment.

[[Page 356]]

    (d) A qualifying move occurring between January 1, 1987, and August 
9, 1996, which would allow an opportunity to elect to continue 
retirement coverage under a NAFI retirement system must meet all the 
following criteria:
    (1) The employee must not have had a prior opportunity to elect to 
continue NAFI retirement system coverage;
    (2) The employee must have been a vested participant in the NAFI 
retirement system (as the term ``vested participant'' is defined by that 
retirement system) prior to the move to the civil service;
    (3) The employee must have moved from a NAFI to a CSRS- or FERS- 
covered position within the Department of Defense or the U.S. Coast 
Guard; and
    (4) The employee must be appointed to a CSRS- or FERS-covered 
position no later than 4 days after separation from retirement-covered 
NAFI employment.
    (e) A qualifying move under paragraphs (a) and (b) of this section 
is considered to occur on the date the individual enters into the new 
position, not at the time of separation from the prior position.
    (f) A retroactive election opportunity under subpart D of this part 
(pertaining to elections of CSRS, FERS, or NAFI retirement coverage) is 
not considered a prior opportunity to elect retirement coverage under 
this section.