[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR842.211]

[Page 284-285]
 
                    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. 842.211  Senior Executive Service, Defense Intelligence Senior 
Executive Service, and Senior Cryptologic Executive Service.

    (a) A member of the Senior Executive Service, the Defense 
Intelligence Senior Executive Service, or the Senior Cryptologic Senior 
Executive Service who is removed or who resigns after receipt of written 
notice of proposed removal for less than fully successful executive 
performance, or for failure to be recertified as a senior executive, is 
entitled to an annuity--
    (1) After completing 25 years of service; or
    (2) After becoming age 50 and completing 20 years of service.
    (b) Removed for less than fully successful executive performance 
means (1) with respect to a member of the Senior Executive Service, 
removal in accordance with procedures in subpart E of part 359 of this 
chapter; and (2) with respect to a member of the Defense Intelligence 
Senior Executive Service or the Senior

[[Page 285]]

Cryptologic Executive Service, a certification by the head of the 
Defense Intelligence Agency or National Security Agency (or their 
designees) that the employee has been removed for less than fully 
successful executive performance.
    (c) Removed for failure to be recertified as a senior executive 
means (1) With respect to a member of the Senior Executive Service, 
removal in accordance with the procedures in subpart C of part 359 of 
this chapter, and (2) with respect to a member of the Defense 
Intelligence Senior Executive Service or the Senior Cryptologic 
Executive Service, a certification by the head of the Defense 
Intelligence Agency or National Security Agency (or their designees) 
that the employee has been removed for failure to be recertified under 
10 U.S.C. 1601(a) or section 12(a)(1) of the National Security Agency 
Act, respectively.
    (d) An annuity payable under paragraph (a) of this section commences 
on the day after separation from service.

[52 FR 4473, Feb. 11, 1987, as amended at 56 FR 173, Jan. 3, 1991]