[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR842.212]

[Page 286]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 842--FEDERAL EMPLOYEES RETIREMENT SYSTEM--BASIC ANNUITY--Table of Contents
 
                         Subpart B--Eligibility
 
Sec. 842.212  Deferred retirement.

    (a) An employee or Member who, after completing 5 years of service, 
separates from service or transfers to a position not covered by FERS is 
entitled to a deferred annuity beginning on the first day of the month 
after the individual attains age 62.
    (b)(1) Except as provided in paragraphs (b)(3) and (c) of this 
section, an employee or Member who has not attained the minimum 
retirement age, and who, after completing 10 years of service, is 
separated or transferred to a position in which the individual is no 
longer covered by FERS, is entitled to a deferred annuity commencing--
    (i) The first day of the month following the date on which the 
individual attains the minimum retirement age or, if later,
    (ii) A date the individual designates that follows the date on which 
the designation is filed.
    (2) The election of a commencing date may be filed no more than 90 
days before that commencing date, and must be elected in a form 
prescribed by OPM. A written election that is not in the prescribed 
form, but which designates a specific commencing date, will be accepted 
for as an informal election, subject to ratification in the prescribed 
form.
    (3) An employee or Member is not entitled to a deferred annuity 
under paragraph (b)(1) of this section if the individual is eligible for 
an annuity under Secs. 842.205 through 842.211 or will, within 31 days 
after filing the election of a commencing date, attain age 62.
    (4) The election of a commencing date becomes irrevocable on the 
date OPM authorizes the first annuity payment.
    (c)(1) If an employee or Member separates from service after 
completing 10 years of service but before attaining the minimum 
retirement age, and is reemployed before filing an application for 
retirement based on that separation, that individual may not elect an 
annuity commencing date that precedes separation from the reemployment 
service.
    (2) In the case of an employee or Member who separates from service 
after completing 10 years of service but before attaining the minimum 
retirement age, and is reemployed after filing an application for 
retirement based on that separation, that individual may not elect an 
annuity commencing date that precedes separation from the reemployment 
service if he or she is reemployed prior to a postponed commencing date 
elected under paragraph (b).

[51 FR 47197, Dec. 31, 1986, as amended at 56 FR 65418, Dec. 17, 1991]