covered position
(6) (A) The annuity of a special agent under this part shall be computed under paragraph (1) except that, in the case of a special agent described in subparagraph (B), paragraph (1) shall be applied by substituting for “2 percent”— (i) the percentage under subparagraph (A) of section 8339(d)(1) of title 5 for so much of the participant’s total service as is specified thereunder; and (ii) the percentage under subparagraph (B) of section 8339(d)(1) of title 5 for so much of the participant’s total service as is specified thereunder. (B) A special agent described in this subparagraph is any such agent or former agent who— (i) (I) retires voluntarily or involuntarily under section 4007 , 4008 , 4010a , 4051 , 4052 , or 4053 of this title , under conditions authorizing an immediate annuity, other than for cause on charges of misconduct or delinquency, or retires for disability under section 4048 of this title ; and (II) at the time of retirement— (aa) if voluntary, is at least 50 years of age and has completed at least 20 years of service as a special agent; or (bb) if involuntary or disability, has completed at least 20 years of service as a special agent; or (ii) dies in service after completing at least 20 years of service as a special agent, when an annuity is payable under section 4049 of this title . (C) For purposes of subparagraph (B), included with the years of service performed by an individual as a special agent shall be any service performed by such individual as a law enforcement officer (within the meaning of section 8331(20) or section 8401(17) of title 5 ), or a member of the Capitol Police. (D) (i) In this subparagraph— (I) the term “affected special agent” means an individual covered under this subchapter who— (aa) is performing service as a special agent; (bb) while on duty as a special agent, becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under section 4051 of this title ; (cc) because of the illness or injury described in item (bb), is permanently unable to render useful and efficient service in the employee’s covered position, as determined by the Secretary; and (dd) is appointed to a position in the Foreign Service that is not a covered position; and (II) the term “covered position” means a position as— (aa) a law enforcement officer described in section 8331(20) or 8401(17) of title 5; (bb) a customs and border protection officer described in section 8331(31) or 8401(36) of title 5; (cc) a firefighter described in section 8331(21) or 8401(14) of title 5; (dd) an air traffic controller described in section 8331(30) or 8401(35) of title 5; (ee) a nuclear materials courier described in section 8331(27) or 8401(33) of title 5; (ff) a member of the United States Capitol Police; (gg) a member of the Supreme Court Police; (hh) an employee of the Agency designated under section 2152(a) of title 50 ; or (ii) a special agent. (ii) Unless an affected special agent files an election described in clause (iv), creditable service by the affected special agent in a position described in clause (i)(I)(dd) shall be treated as creditable service as a special agent for purposes of this subchapter, including determining the amount to be deducted and withheld from the pay of the individual under section 4045 of this title . (iii) Clause (ii) shall only apply if the special agent transitions to a position described in clause (i)(I)(dd) without a break in service exceeding 3 days. (iv) The service of an affected employee shall no longer be eligible for treatment under clause (ii) if such service occurs after the employee is transferred to a supervisory or administrative position related to the activities of the former covered position of the employee. (v) In accordance with procedures established by the Secretary, an affected special agent may file an election to have any creditable service performed by the affected special agent treated in accordance with this part, without regard to clause (ii).