; and (V) is appointed to a position in the civil service that is not a covered position; and (ii) the term covered position means a position as a law enforcement officer, customs and border protection officer, firefighter, air traffic controller, nuclear materials courier, member of the Capitol Police, member of the Supreme Court Police, 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 special agent described in section 804(15) of the Foreign Service Act of 1980 ( 22 U.S.C. 4044(15) ). (B) Unless a covered individual files an election described in subparagraph (C), creditable service by the covered individual in a position described in subparagraph (A)(i)(V) shall be treated as creditable service in a covered position for purposes of this chapter, including eligibility for an annuity under paragraph (1) of this subsection or subsection (e), (m), or (n), as applicable, and determining the amount to be deducted and withheld from the pay of the covered individual under section 8334. (C) In accordance with procedures established by the Director of the Office of Personnel Management, a covered individual may file an election to have any creditable service performed by the covered individual treated in accordance with this chapter, without regard to subparagraph (B). (D) If a covered individual who has not filed an election described in subparagraph (C) separates from service before the date on which the covered individual becomes entitled to an annuity under paragraph (1) of this subsection or subsection (e), (m), or (n), as applicable, the covered individual 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 individual