[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: 5CFR842.306]

[Page 292-293]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 842--FEDERAL EMPLOYEES RETIREMENT SYSTEM--BASIC ANNUITY--Table of Contents
 
                      Subpart C--Credit for Service
 
Sec. 842.306  Military service.

    (a) Except as provided in paragraph (b), and unless otherwise 
provided under title III of the Federal Employees' Retirement System Act 
of 1986, an employee's or Member's military service is creditable if it 
was performed--
    (1) Before January 1, 1957; or

[[Page 293]]

    (2) After December 31, 1956, subject to payment, before separation 
from service, of the deposit required by Sec. 842.307.
    (b) Credit for a period of military service is not allowed if the 
employee or Member is receiving military retired pay for such period 
awarded for reasons other than--
    (1) Service-connected disability incurred in combat with an enemy of 
the United States;
    (2) Service-connected disability caused by an instrumentality of war 
and incurred in the line of duty during a period of war (within the 
meaning of chapter 11 of title 38, United States Code); or
    (3) Retirement under chapter 67 of title 10, United States Code.
    (c) When adjudicating annuity claims, OPM will accept determinations 
made by the agency that authorized military retired pay concerning--
    (1) The effective date of a waiver of military retired pay;
    (2) Whether an individual's military retired pay was awarded for any 
of the reasons mentioned under paragraph (b) of this section; and
    (3) Whether a period of military service forms the basis for 
military retired pay.
    (d)(1) Except as provided in paragraphs (d)(2) and (d)(3) of this 
section, the computation of a survivor's annuity includes credit for any 
military service allowable under paragraph (a) of this section.
    (2) If the separated employee (as defined in Sec. 843.102 of this 
chapter) was awarded military retired pay, died after the date of 
separation from civilian service, and did not waive military retired pay 
effective before the date of death, military service upon which the 
military retired pay was based is not creditable.
    (3) If the survivor of a deceased employee who had been awarded 
military retired pay files, in a form prescribed by OPM, an election not 
to have a period of military service included in the computation of 
survivor benefits, that period of military service is not included in 
the computation of survivor benefits.