5 C.F.R. § 842.801

Applicability and purpose

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(a) This subpart contains regulations of the Office of Personnel Management (OPM) to supplement—

(1) 5 U.S.C. 8412(d) and (e), which establish special retirement eligibility for law enforcement officers, members of the Capitol Police and Supreme Court Police, firefighters, nuclear materials couriers, customs and border protection officers, and air traffic controllers employed under the Federal Employees Retirement System (FERS);

(2) 5 U.S.C. 8422(a), pertaining to deductions;

(3) 5 U.S.C. 8423(a), pertaining to Government contributions; and

(4) 5 U.S.C. 8425, pertaining to mandatory retirement.

(b) The regulations in this subpart are issued pursuant to the authority given to OPM in 5 U.S.C. 8461(g) to prescribe regulations to carry out the provisions of 5 U.S.C. chapter 84, in 5 U.S.C. 1104 to delegate authority for personnel management to the heads of agencies and pursuant to the authority given the Director of OPM in section 535(d) of the Department of Homeland Security Appropriations Act, 2008, Public Law 110-161, 121 Stat. 2042.

[76 FR 42000, July 18, 2011]

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2015–2022 · leading case: James Parker v. Off. of Pers. Mgmt. (MSPB 2022).

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James Parker v. Off. of Pers. Mgmt. (MSPB 2022). “636 , ¶¶ 5-6 (1999) (stating that an employee may qualify for LEO retirement credit either by serving in a position that has been approved as such or by applying for LEO credit and proving to his employing agency that he is entitled to LEO retirement credit ); 5 C.F.R. §§…”

Jeffrey L. Bostwick v. Dep't of Agric., 2015 MSPB 21 (MSPB 2015). “¶3 After transferring to his new position, however, the appellant’s new employer determined that he did not qualify for special retirement eligibility coverage under 5 C.F.R. §§ 842.801 , et seq. 2 ID at 4. After engaging in a series of conversations with employees from both the…”

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