; (ff) a member of the United States Capitol Police; (gg) a member of the Supreme Court Police; (hh) an employee of the Central Intelligence Agency designated under section 302(a) of the Central Intelligence Agency Retirement Act ( 50 U.S.C. 2152(a) ); or (ii) a special agent. (ii) Unless a covered special agent files an election described in clause (iii), creditable service by the covered special agent in a position described in clause (i)(I)(ee) 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 805. (iii) In accordance with procedures established by the Secretary, a covered special agent may file an election to have any creditable service performed by the covered special agent treated in accordance with this subchapter, without regard to clause (ii). (iv) If a covered special agent who has not filed an election described in clause (iii) separates from service before the date on which the covered special agent becomes entitled to an annuity under section 811, the covered special agent shall be entitled to a lump sum payment from the Fund of the difference between— (I) the amount that was deducted and withheld from the pay of the covered special agent; and (II) the amount that would have been deducted and withheld from the pay of the covered special agent if the covered special agent had made an election described in clause (iii). . (e) Implementation (1) In general The Director of the Office of Personnel Management— (A) not later than 60 days after the date of enactment of this Act, and in consultation with the Secretary of Labor, shall promulgate regulations regarding determining when an individual is permanently unable to continue service in a covered position (as defined in section 302(d) of the Central Intelligence Agency Retirement Act ( 50 U.S.C. 2152(d) ), as added by this Act)