C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 842—FEDERAL EMPLOYEES RETIREMENT SYSTEM—BASIC ANNUITY › Subpart A—Coverage

5 C.F.R. § 842.103

General

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To be covered under FERS, an individual must:

(a) Be an employee, Member, or specifically covered by another provision of law;

(b) Be covered by social security;

(c) Have retirement deductions withheld from pay and have agency contributions made; and

(d) Be paid based on units of time.

Except as provided in § 842.104 and as excluded by § 842.105, an employee or Member is covered by FERS.
Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 2011–2024 · leading case: John Cleary v. U.S. Agency for Global Media (MSPB 2024).
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John Cleary v. U.S. Agency for Global Media (MSPB 2024). · cites it 2× “§ 8411 (b)(2); 5 C.F.R. § 842.103 (c). OPM records reflect that the appellant’s temporary appointment from September 30 to December 14, 1987, was excluded from FERS.”
Whether Postal Employees Are Entitled to Receive Serv. Credit, for Purposes of Their Ret. Annuity Under the Fed. Employees' Ret. Sys., for Periods of Emp. During Which the USPS Has Not Made Its Required Emp. Contributions (OLC 2011). · cites it 2× “5 C.F.R. § 842.103 (2011) (emphasis added); see also id.”
Serv. Credit for Ret. Annuities of USPS Employees When USPS Has Not Made Required Contributions (OLC 2011). · cites it 2× “5 C.F.R. § 842.103 (2011) (emphasis added); see also id.”
Jacqueline Manuel v. Off. of Pers. Mgmt. (MSPB 2022). “” ID 4 at 4; 5 C.F.R. § 842.103 (a). The definition of “employee” does not include “any individual excluded under section 8402(c) of this title.”
Paul D Lesko v. Off. of Pers. Mgmt. (MSPB 2024). “§ 8411 (f)(2); 5 C.F.R. §§ 842.103 (c), 842.304(a)(2)(iii), 842.”
Joyce L. Hatch v. Off. of Pers. Mgmt. (MSPB 2015). “at 6-11, 13 ; see 5 C.F.R. §§ 842.103 (c) (among other things, to be covered under FERS, an individual must have retirement deductions withheld from pay and have agency contributions made), 842.”
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