CFR > Title 5 - Administrative Personnel > CHAPTER VI—FEDERAL RETIREMENT THRIFT INVESTMENT BOARD > PART 1603—VESTING > 1603.3—Service requirements.

1603.3—Service requirements.

(a) Except as provided under paragraph (b) of this section, FERS employees will be vested in their agency automatic (1%) contributions and attributable earnings upon separating from Government only if, as of their separation date, they have completed three years of service.
(b) FERS employees will be vested in their agency automatic (1%) contributions and attributable earnings upon separating from Government service if, as of their separation date, they have completed two years of service and they are serving in one of the following positions:
(1) A position in the Senior Executive Service as a non-career appointee (as defined in 5 U.S.C. 3132(a)(7) );
(2) Positions listed in 5 U.S.C. 5312, 5313, 5314, 5315 or 5316 ;
(3) A position placed in level IV or level V of the Executive Schedule, pursuant to 5 U.S.C. 5317 ;
(4) A position in the Executive Branch which is excepted from the competitive service by the Office of Personnel Management because of the confidential and policy-determining character of the position; or
(5) A Member of Congress or a Congressional employee.

Code of Federal Regulations

[52 FR 29835, Aug. 12, 1987, as amended at 60 FR 24535, May 9, 1995; 62 FR 33969, June 23, 1997]