[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: 5CFR847.402]

[Page 358-359]
 
                    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 D--Elections of Coverage Under the Retroactive Provisions
 
Sec. 847.402  Definition of qualifying move.

    (a) A qualifying move occurring after December 31, 1965, and before 
August 10, 1996, which would allow an employee the opportunity to elect 
to continue retirement coverage under CSRS or FERS retroactive to the 
date of the move must meet all the following criteria:
    (1)(i) For moves occurring before February 10, 1996, the employee 
must not have had a prior opportunity to elect to continue CSRS, FERS, 
or NAFI retirement coverage under Sec. 847.202 (c) or (d);
    (ii) For moves occurring on or after February 10, 1996, the employee 
must not have made an election under Sec. 847.202 (c) or (d);
    (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;
    (4) The employee must have begun employment in a retirement-covered 
position in a NAFI no later than 1 year after separation from CSRS- or 
FERS-covered employment; and
    (5) The employee must, since moving to the NAFI position, have 
continuously participated in a retirement system established for NAFI 
employees, disregarding any break in service of not more than 3 days.
    (b) A qualifying move occurring after December 31, 1965, and before 
August 10, 1996, which would allow an employee the opportunity to elect 
to continue retirement coverage under a NAFI retirement system 
retroactive to the date of the qualifying move must meet all the 
following criteria:
    (1)(i) For moves occurring before February 10, 1996, the employee 
must not have had a prior opportunity to elect to continue CSRS, FERS, 
or NAFI retirement coverage under Sec. 847.202(c) or (d);
    (ii) For moves occurring on or after February 10, 1996, the employee 
must not have made an election under Sec. 847.202(c) or (d);
    (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 FERS-covered position;
    (3) The employee must have moved from a NAFI to a civil service 
position subject to FERS coverage or CSRS/SS coverage, as defined in 
Sec. 846.102 of this chapter, followed by the employee's automatic 
conversion to FERS coverage;
    (4) The employee must have been appointed to a FERS-covered position 
no later than 1 year after separation from retirement-covered NAFI 
employment; and
    (5) The employee must, since moving to the FERS position, have been 
continuously covered by FERS, disregarding any break in service of not 
more than 3 days.
    (c) A move from a NAFI to CSRS, including CSRS/SS as defined under 
Sec. 846.102 of this chapter followed by an election of FERS coverage 
under Sec. 846.201 of this chapter, is not a qualifying move for an 
election of retirement coverage under Sec. 847.431 (pertaining to 
elections of NAFI service credit for FERS service) and Sec. 847.441 
(pertaining to elections of NAFI retirement coverage).
    (d) A qualifying move under paragraphs (a) and (b) of this section 
is considered to occur on the date the individual entered into the new 
position, not at the time of separation from the prior position.

[[Page 359]]

Elections of CSRS or FERS Coverage Based on a Move From CSRS or FERS to 
                                  NAFI