Employee

Employee means the following individuals listed in 5 U.S.C. 8401 whose service is employment for the purposes of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1954:
(a) An employee as defined by 5 U.S.C. 2105;
(b) A U.S. Commissioner whose total pay for services performed as Commissioner is not less than $3,000 in each of the last three consecutive calendar years ending after December 31, 1954;
(c) An individual employed by a county committee established under 16 U.S.C. 590h(b);
(d) An individual employed by Gallaudet College;
(e) An individual appointed to a position on the office staff of a former President under section 1(b) of the “Act of August 25, 1958” (72 Stat 838);
(f) An alien (1) who was previously employed by the Government; (2) who is employed full time by a foreign government to protect or further the interests of the United States during an interruption of diplomatic or consular relations; and (3) for whose services reimbursement is made to the foreign government by the United States;
(g) A Congressional employee as defined in 5 U.S.C. 2107, including a temporary Congressional employee and an employee of the Congressional Budget Office; and
(h) The following individuals are excluded from the definition of “employee” in 5 U.S.C. 8401 (11):
(1) A justice or judge of the United States as defined by 28 U.S.C. 451;
(2) A temporary employee of the Administrative Office of the United States Courts or of a court named by 28 U.S.C. 610;
(3) A construction employee or other temporary, part-time, or intermittent employee of the Tennessee Valley Authority;
(4) A student employee as defined by 5 U.S.C. 5351;
(5) Teachers in dependents' schools of the Department of Defense in overseas areas with respect to Federal employment, other than teaching, performed during a recess period between two school years;
(6) An individual subject to another retirement system for Government employees (other than an employee of the United States Park Police, or the United States Secret Service) any of whose civilian employment after December 31, 1983, is employment subject to social security; and
(7) An individual excluded by OPM regulation in § 842.105.

Source

5 CFR § 842.102


Scoping language

In this subpart -

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