; (bb) while performing official duties as a special agent, becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under section 811; (cc) because of the illness or injury described in item (bb), is permanently unable to render useful and efficient service as a special agent, as determined by the Secretary; and (dd) is appointed to a position in the Foreign Service that is not a covered position; and (II) the term covered position means a position as— (aa) a law enforcement officer described in section 8331(20) or 8401(17) of title 5, United States Code; (bb) a customs and border protection officer described in section 8331(31) or 8401(36) of title 5, United States Code; (cc) a firefighter described in section 8331(21) or 8401(14) of title 5, United States Code; (dd) an air traffic controller described in section 8331(30) or 8401(35) of title 5, United States Code; (ee) a nuclear materials courier described in section 8331(27) or 8401(33) of title 5, United States Code; (ff) a member of the United States Capitol Police; (gg) a member of the Supreme Court Police; (hh) an employee of the 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) Creditable service by an affected special agent in a position described in clause (i)(I)(dd) 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, unless— (I) the affected special agent files an election described in clause (iii); (II) there is a break in service exceeding 3 days before the special agent transitions to a position described in clause (i)(I)(dd)