[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: 5CFR847.202]

[Page 372-373]
 
                    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 December 28, 2001, that 
would allow an opportunity to elect to continue retirement coverage 
under CSRS and FERS must meet all of 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 moved from a position covered by CSRS or 
FERS to a retirement-covered position in an NAFI, and
    (3) The employee must begin employment in a retirement-covered 
position in an NAFI no later than 1 year after separation from CSRS- or 
FERS-covered employment.
    (b) A qualifying move occurring on or after December 28, 2001, that 
would allow an opportunity to elect to continue retirement coverage 
under an 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 moved from an NAFI to a civil service 
position subject to CSRS or FERS coverage; and
    (3) The employee must be appointed to a CSRS- or FERS-covered 
position no later than 1 year after separation from retirement-covered 
NAFI employment.

[[Page 373]]

    (c) A qualifying move occurring on or after August 10, 1996, and 
before December 28, 2001, that 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 an NAFI;
    (3) The employee must have moved from a position covered by CSRS or 
FERS to a retirement-covered position in an NAFI; and
    (4) The employee must begin employment in a retirement-covered 
position in an NAFI no later than 1 year after separation from CSRS- or 
FERS-covered employment.
    (d) A qualifying move occurring on or after August 10, 1996, and 
before December 28, 2001, that would allow an opportunity to elect to 
continue retirement coverage under an 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 an 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.
    (e) A qualifying move occurring between January 1, 1987, and August 
9, 1996, that 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 an 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 an NAFI; and
    (4) The employee must begin employment in a retirement-covered 
position in an NAFI no later than 4 days after separation from CSRS- or 
FERS-covered employment.
    (f) A qualifying move occurring between January 1, 1987, and August 
9, 1996, that would allow an opportunity to elect to continue retirement 
coverage under an 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 an 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.
    (g) A qualifying move under paragraphs (a), (b), (c), and (d) 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.
    (h) 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.

[68 FR 2179, Jan. 16, 2003]