; (v) a nuclear materials courier described in section 8331(27) or 8401(33) of title 5, United States Code; (vi) a member of the United States Capitol Police; (vii) a member of the Supreme Court Police; (viii) an affected employee; or (ix) a special agent described in section 804(15) of the Foreign Service Act of 1980 ( 22 U.S.C. 4044(15) ). (2) Treatment of service after disability Unless an affected employee files an election described in paragraph (3), creditable service by the affected employee in a position described in paragraph (1)(A)(iv) shall be treated as creditable service in a covered position for purposes of this Act and chapter 84 of title 5, United States Code, including eligibility for an annuity under section 233 of this Act or 8412(d)(1) of title 5, United States Code, and determining the amount to be deducted and withheld from the pay of the affected employee under section 8422 of title 5, United States Code. (3) Break in service Paragraph (2) shall only apply if the affected employee transitions to a position described in paragraph (1)(A)(iv) without a break in service exceeding 3 days. (4) Limitation on treatment of service The service of an affected employee shall no longer be eligible for treatment under paragraph (2) 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. (5) Opt out An affected employee may file an election to have any creditable service performed by the affected employee treated in accordance with chapter 84 of title 5, United States Code, without regard to paragraph (2). . (d) Foreign Service Retirement and Disability System Section 806(a)(6) of the Foreign Service Act of 1980 ( 22 U.S.C. 4046(a)(6) ) is amended by adding at the end the following: (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