employee

(1) “employee” means— (A) an employee as defined by section 2105 of this title ; (B) the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden; (C) a Congressional employee as defined by section 2107 of this title (other than the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden), after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter; (D) a temporary Congressional employee appointed at an annual rate of pay, after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter; (E) a United States Commissioner whose total pay for services performed as Commissioner is not less than $3,000 in each of the last 3 consecutive calendar years ending after December 31, 1954 ; (F) an individual employed by a county committee established under section 590h(b) of title 16 ; (G) an individual first employed by the government of the District of Columbia before October 1, 1987 ; (H) an individual employed by Gallaudet College; (I) 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 ); (J) an alien (i) who was previously employed by the Government, (ii) who is employed full time by a foreign government for the purpose of protecting or furthering the interests of the United States during an interruption of diplomatic or consular relations, and (iii) for whose services reimbursement is made to the foreign government by the United States; (K) an individual appointed to a position on the office staff of a former President, or a former Vice President under section 5 of the Presidential Transition Act of 1963, as amended ( 78 Stat. 153 ), who immediately before the date of such appointment was an employee as defined under any other subparagraph of this paragraph; and (L) an employee described in section 2105(c) who has made an election under section 8347(q)(1) to remain covered under this subchapter; but does not include— (i) a justice or judge of the United States as defined by section 451 of title 28 ; (ii) an employee subject to another retirement system for Government employees (besides any employee excluded by clause (x), but including any employee who has made an election under section 8347(q)(2) to remain covered by a retirement system established for employees described in section 2105(c)); (iii) an employee or group of employees in or under an Executive agency excluded by the Office of Personnel Management under section 8347(g) of this title ; (iv) an individual or group of individuals employed by the government of the District of Columbia excluded by the Office under section 8347(h) of this title ; (v) an employee of the Administrative Office of the United States Courts, the Federal Judicial Center, or a court named by section 610 of title 28 , excluded by the Director of the Administrative Office under section 8347(o) of this title; (vi) a construction employee or other temporary, part-time, or intermittent employee of the Tennessee Valley Authority; (vii) an employee under the Office of the Architect of the Capitol excluded by the Architect of the Capitol under section 8347(i) of this title ; (viii) an employee under the Library of Congress excluded by the Librarian of Congress under section 8347(j) of this title ; (ix) a student-employee as defined by section 5351 of this title ; (x) an employee subject to the Federal Employees’ Retirement System; (xi) an employee under the Botanic Garden excluded by the Director or Acting Director of the Botanic Garden under section 8347(l) of this title ; or (xii) a member of the Foreign Service (as described in section 103(6) of the Foreign Service Act of 1980), appointed after December 31, 1987 . Notwithstanding this paragraph, the employment of a teacher in the recess period between two school years in a position other than a teaching position in which he served immediately before the recess period does not qualify the individual as an employee for the purpose of this subchapter. For the purpose of the preceding sentence, “teacher” and “teaching position” have the meanings given them by section 901 of title 20 ;

Source

5 USC § 8331(1)


Scoping language

for the purpose of this subchapter
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