text:
Page:Dictionary of National Biography volume 44.djvu/43

 In December 1852 he commissioned the Amphion; but in the following year a severe injury, for which he received a pension, compelled him to resign the command; nor had he any further service afloat. In 1857 he was appointed superintendent of the packet service. On 9 Feb. 1864 he became a rear-admiral on the retired list, and was advanced in due course to be vice-admiral on 14 July 1871, and admiral on 1 Aug. 1877. In 1866 he was appointed administrator at Lagos, whence he was removed, after a few months, to the Gambia. In 1869 he became governor of St. Helena, and on the abolition of the office retired with a compensation grant in 1873. On 8 May 1874 he received the C.M.G. He died at Newton St. Loe, near Bath, on 25 March 1881, leaving one son in the civil service.

[O'Byrne's Nav. Biogr. Dict.; Navy Lists; Times, 29 March 1881.]  PATEY, JANET MONACH (1842–1894), contralto singer, was born on 1 May 1842 in Holborn, London, where her father, a Scotsman named Whytock, was in business. She received her first instruction in singing from John Wass, and in 1860 made her first public appearance at Birmingham at a concert under the auspices of James Stimpson. She sang under the name of Ellen Andrews, and with much success, but was so overcome by nervousness that she lost her voice completely for six months afterwards. While under Wass's guidance she became a member of Leslie's choir. At one of his concerts she filled a vacancy caused by Mme. Sainton-Dolby's absence, and thus found an opportunity for distinguishing herself. The promise she exhibited was so marked that steps were taken immediately for furthering her musical education, and she became a pupil successively of Ciro Pinsuti and Mme. Sims Reeves. In 1865 she made her first concert tour, travelling through the provinces with Mme. Lemmens-Sherrington and others. In the following year she married John George Patey, an operatic and oratorio singer of considerable reputation, and sang as principal contralto at the Worcester festival with a conspicuous success, which was repeated at Birmingham in 1867, and at Norwich in 1869. Next year she stepped unopposed into the position of principal English contralto, left vacant by the retirement of Mme. Sainton-Dolby. In 1871 she visited America with a number of distinguished vocalists, and on her return appeared with unfailing regularity at all the provincial festivals, and at the principal metropolitan and other concerts, with ever-increasing success.

In 1875 she went to Paris, on the invitation of Lamoureux, the French musician, to take part in four performances on a grand scale of ‘The Messiah’ in French. There she received every mark of popular favour, and was engaged to sing at a conservatoire concert in the same year, when her performance of ‘O rest in the Lord’ was so impressive as to lead the authorities to engage her for a second concert. A medal, struck in commemoration of the event, was presented to the vocalist. In Paris Mme. Patey was favourably compared by the critics to the distinguished singer, Mme. Alboni, and among Italian musicians she was generally known as the English Alboni.

In 1890 Mme. Patey made a prolonged and triumphant tour in Australia, New Zealand, China, and Japan, and other countries. On her return to England she contemplated retirement from public life. At the end of 1893 she began a farewell tour through the English provinces. During its course she appeared at Sheffield on 28 Feb. 1894; but the excitement of the enthusiastic reception accorded her brought on an attack of apoplexy, and she died in the concert-room. She was buried at Brompton cemetery on 3 March.

Mme. Patey's voice was a pure, sonorous and rich contralto, beautiful at its best in quality, and sufficiently extensive in compass to enable her to sing innumerable oratorio parts and ballads, in both of which she was for twenty-five years unrivalled.

[Mme. Patey's death called forth warm eulogies from the press, the Times, besides a memorial notice (1 March 1894), devoting a leading article (2 March) to the immediate cause of her death; and the other daily and weekly papers published memoirs. See also the American Art Journal, 17 March; Musical Courier, New York; Birmingham Weekly Post; private information.]  PATIENT or PATIENCE, THOMAS (d. 1666), divine, after apparently holding some benefice as a young man in the English church (pref. to his Doctrine of Baptism), ‘went out with other godly ministers to New England’ between 1630 and 1635. Soon after his migration he began to entertain doubts on the point of baptism, and ‘resorted to many meetings [of the independents] to have good satisfaction of their doctrine and practice before joining with them in communion’ (ib.) He heard one man preach fifteen sermons on the subject, and at the time ‘knew not a single soul who opposed infant baptism.’ But after ‘searching many authors night and day,’ he at length experienced a mystical revelation of light which lasted for three days, and felt that a


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/624

 100 STAT. 588 5 USC 8479.

PUBLIC LAW 99-335—JUNE 6, 1986

"§ 8479. Exculpatory provisions; insurance "(a) Any provision in an agreement or instrument which purports to relieve a fiduciary from responsibility or liability for any responsibility, obligation, or duty under this subchapter shall be void. "(b)(1) The Executive Director may require employing agencies to contribute an amount not to exceed 1 percent of the amount such agencies are required to contribute in accordance with section 8432(c) of this title to the Thrift Savings Fund. "(2) The sums credited to the Thrift Savings Fund under paragraph (1) shall be available and may be used at the discretion of the Executive Director to purchase insurance to cover potential liability of persons who serve in a fiduciary capacity with respect to the Thrift Savings Fund, without regard to whether a policy of insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation.". (b) CONFORMING AMENDMENT.—The table of chapters at the beginning of part III of title 5, United States Code, is amended by inserting after the item relating to chapter 83 the following new item: "84. Federal Employees' Retirement System

8401.".

TITLE II—OTHER AMENDMENTS TO TITLE 5 OF THE UNITED STATES CODE SEC. 201. TREATMENT UNDER CIVIL SERVICE RETIREMENT SYSTEM OF CERTAIN INDIVIDUALS EXCLUDED FROM FEDERAL EMPLOYEES' RETIREMENT SYSTEM.

(a) DEDUCTIONS, CONTRIBUTIONS, AND DEPOSITS.—(1) Section 8334 of title 5, United States Code, is amended by adding at the end thereof the following: "(k)(l) Effective with respect to pay periods beginning after December 31, 1986, in administering this section in the case of an individual described in section 8402(b)(2) of this title— "(A) the amount to be deducted and withheld by the employing agency shall be determined in accordance with paragraph (2) of this subsection instead of the first sentence of subsection (a)(1) of this section; and "(B) the amount of the contribution under the second sentence of subsection (a)(1) of this section shall be the amount which would have been contributed under such sentence if this subsection had not been enacted. "(2)(A) With respect to Federal wages of an employee or Member (or that portion thereof) not exceeding the contribution and benefit base during the calendar year involved, the appropriate amount to be deducted and withheld under this subsection is the amount by which— "(i) the total deduction for those wages (or for that portion) exceeds; "(ii) the OASDI contribution with respect to those wages (or that portion). "(B) With respect to any portion of Federal wages of an employee or Member which exceed the contribution and benefit base during the calendar year involved, the appropriate amount to be deducted

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text: The Yellow Book/Volume 6/The Guitar Player


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/625

 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 589

and withheld under this subsection is an amount equal to the total deduction for that portion. "(C) For purposes of this paragraph— "(i) the term 'Federal wages' means basic pay for service as an employee or Member, as the case may be; "(ii) the term 'contribution and benefit base' means the contribution and benefit base in effect with respect to the period involved, as determined under section 280 of the Social Security Act;

42 USC 430.

"(iii) the term 'total deduction', as used with respect to any Federal wages (or portion thereof), means an amount equal to the amount of those wages (or of that portion), multiplied by the percentage which (but for this subsection) would apply under the first sentence of subsection (a)(1) with respect to the individual involved; and "(iv) the term 'OASDI contribution', with respect to any income, means the amount of tax which may be imposed under section 3101(a) of the Internal Revenue Code of 1954 with 26 USC 3ioi. respect to such income (determined without regard to any income which is not a part of Federal wages). "(3) The amount of a deposit under subsection (c) of this section for any service with respect to which paragraph (1) of this subsection applies shall be equal to an amount determined based on the preceding provisions of this subsection, and shall include interest.". (2) Such section 8334 is further amended— (A) in paragraphs (1) and (2) of subsection (e), by striking out "or (j)" and inserting in lieu thereof "(j), or (k)"; (B) in subsection (f), by inserting or (k)" after "subsection (a)"; and (C) in subsection (h), by striking out "and (j)" and inserting in lieu thereof "(j), and (k)". O> OFFSET IN BENEFITS.—(1) Subchapter III of chapter 83 of title 5, t) United States Code, is amended by adding at the end thereof the 5 USC 8331. following:

Post, pp. 591593.

"§8349. Offset relating to certain benefits under the Social 5 USC 8349. Security Act 42 USC i305. "(a)(1) Notwithstanding any other provision of this subchapter, if an individual under section 84020t))(2) is entitled, or would on proper application be entitled, to old-age insurance benefits under title II of the Social Security Act, the annuity otherwise payable to such 42 USC 401. individual shall be reduced under this subsection. "(2) A reduction under this subsection commences beginning with the first month for which the individual both— "(A) is entitled to an annuity under this subchapter; and "(B) is entitled, or would on proper application be entitled, to old-age insurance benefits under title II of the Social Security Act. "(3)(A)(i) Subject to clause (ii) and subparagraphs (B) and (C), the amount of a reduction under this subsection shall be equal to the difference between— "(I) the old-age insurance benefit which would be payable to the individual for the month referred to in paragraph (2); and "(II) the old-age insurance benefit which would be so payable, excluding all wages derived from Federal service of the individual, and assuming the individual were fully insured (as defined by section 214(a) of the Social Security Act). 42 USC 414.

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/626

 100 STAT. 590

42 USC 403.

42 USC 401.

Ante, pp. 286, 287.

PUBLIC LAW 99-335—JUNE 6, 1986

"(ii) For purposes of this subsection, the amount of a benefit referred to in subclause (I) or (II) of clause (i) shall be determined without regard to subsections (b) through (1) of section 203 of the Social Security Act, and without regard to the requirement that an application for such benefit be filed. (B) A reduction under this subsection— "(i) may not exceed an amount equal to the product of^ "(I) the old-age insurance benefit to which the individual is entitled (or would on proper application be entitled) for the month referred to in paragraph (2), determined without regard to subsections (b) through (1) of section 203 of the Social Security Act; and "(II) a fraction, as determined under section 8421(b)(3) with respect to the individual, except that the reference to 'service' in subparagraph (A) of such section shall be considered to mean Federal service; and "(ii) may not cause the annuity payment for an individual to be reduced below zero. "(C) An amount computed under subclause (I) or (II) of subparagraph (A)(i), or under subparagraph (B)(i)(I), for purposes of determining the amount of a reduction under this subsection shall be adjusted under section 8340 of this title. '(4) A reduction under this subsection applies with respect to the annuity otherwise payable to such individual under this subchapter (other than under section 8337) for the month involved— "(A) based on service of such individual; and "(B) without regard to section 8345(j), if otherwise applicable. "(5) The operation of the preceding paragraphs of this subsection shall not be considered for purposes of applying the provisions of the second sentence of section 215(a)(7)(B)(i) or the provisions of section 215(d)(5)(ii) of the Social Security Act in determining any amount under subclause (I) or (II) of paragraph (3)(A)(i) or paragraph (3)(B)(i)(I) for purposes of this subsection. "(b)(1) Notwithstanding any other provision of this subchapter— "(A) a disability annuity to which an individual described in section 84020t>X2) is entitled under this subchapter, and "(B) a survivor annuity to which a person is entitled under this subchapter based on the service of an individual described in section 8402(b)(2), shall be subject to reduction under this subsection if that individual or person is also entitled (or would on proper application also be entitled) to any similar benefits under title II of the Social Security Act based on the wages and self-employment income of such individual described in section 8402(b)(2). "(2)(A) Subject to subparagraph (B), reductions under this subsection shall be made in a manner consistent with the manner in which reductions under subsection (a) are computed and otherwise made. "(B) Reductions under this subsection shall be discontinued if, or for so long as, entitlement to the similar benefits under title II of the Social Security Act (as referred to in paragraph (1)) is terminated (or, in the case of an individual who has not made proper application therefor, would be terminated). "(3) For the purpose of applying section 224 of the Social Security Act to the disability insurance benefit used to compute the reduction under this subsection, the amount of the CSRS annuity considered shall be the amount of the CSRS annuity before application of this section.

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/627

 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 591

"(4) The Office shall prescribe regulations to carry out this subsection. "(c) For the purpose of this section, the term 'Federal service' means service which is employment for the purposes of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1954 by reason of the amendments made by section 101 of the Social Security Amendments of 1983.". (2) The analysis for chapter 83 of title 5, United States Code, is amended by adding at the end thereof the following new item: "8349. Offset relating to certain benefits under the Social Security Act.". (c) CREDITABILITY OF INTERIM SERVICE.—Section 8334(c) of title 5,

United States Code, is amended by adding at the end thereof the following: "Notwithstanding the preceding provisions of this subsection and any provision of section 206(b)(3) of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983, the percentage of basic pay required under this subsection in the case of an individual described in section 8402(b)(2) shall, with respect to any covered service (as defined by section 203(a)(3) of such Act) performed by such individual after December 31, 1983, and before January 1, 1987, be equal to 1.3 percent.".

Regulations

42 USC 401. 26 USC 3101 et seq. 26 USC 3121 and 3121 note; 42 USC 409-410 note.

5 USC 8331 note. 5 USC 8331 note.

SEC. 202. NON-APPLICABILITY OF CIVIL SERVICE RETIREMENT SYSTEM TO INDIVIDUALS UNDER FEDERAL EMPLOYEES' RETIREMENT SYSTEM.

(a) EMPLOYEES.—Section 8331(1) of title 5, United States Code, is amended— (1) by amending clause (ii) to read as follows: "(ii) an employee subject to another retirement system for Government employees (other than an employee described in clause (x);"; (2) by striking "or" at the end of clause (viii); (3) by striking the period at the end of clause (ix) and inserting in lieu thereof "; or"; and (4) by adding after clause (ix) the following: "(x) an employee subject to the Federal Employees' Retirement System.. (b) MEMBERS OF CONGRESS.—Section 8331(2) of title 5, United States Code, is amended by striking the semicolon and inserting in lieu thereof ", but does not include any such Member of Congress who is subject to the Federal Employees' Retirement System or who makes an election under section 8401(20) of this title not to be subject to such System;". SEC. 203. PAY FOR THE EXECUTIVE DIRECTOR OF THE FEDERAL RETIREMENT THRIFT INVESTMENT BOARD.

Section 5314 of title 5, United States Code, is amended by adding at the end thereof the following: "Executive Director, Federal Retirement Thrift Investment Board.". SEC. 204. ALTERNATIVE FORMS OF ANNUITIES.

(a) IN GENERAL.—Title 5, United States Code, is amended by inserting after section 8343 the following: "§ 8343a. Alternative forms of annuities Regulations. "(a) The Office of Personnel Management shall prescribe regulations under which an employee or Member may, at the time of

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/628

 100 STAT. 592

Regulations.

PUBLIC LAW 99-335—JUNE 6, 1986

retiring under this subchapter (other than under section 8337 of this title), elect annuity benefits under this section instead of any other benefits under this subchapter (including any benefits under section 8341 of this title) based on the service of the employee or Member. "(b) Subject to subsection (c), the Office shall by regulation provide for such alternative forms of annuities as the Office considers appropriate, except that among the alternatives offered shall be— "(1) an alternative which provides for— "(A) payment of the lump-sum credit to the employee or Member; and "(B) payment of an annuity to the employee or Member for life; and "(2) in the case of an employee or Member who is married at the time of retirement, an alternative which provides for— "(A) payment of the lump-sum credit to the employee or Member; and "(B) payment of an annuity to the employee or Member for life, with a survivor annuity payable for the life of a surviving spouse. "(c) Each alternative provided for under subsection (b) shall, to the extent practicable, be designed such that the present value of the benefits provided under such alternative (including any lump-sum credit) is actuarially equivalent to the present value of the annuity which would otherwise be provided the employee or Member under this subchapter, as computed under subsections (a)-(i) and (n) of section 8339 of this title. "(d) An employee or Member who, at the time of retiring under this subchapter— "(1) is married, shall be ineligible to make an election under this section unless a waiver is made under section 8339(j)(l) of this title; or "(2) has a former spouse, shall be ineligible to make an election under this section if the former spouse is entitled to benefits under section 8341(h) or 8345(j) of this title (based on the service of the employee or Member) under the terms of a decree of divorce or annulment, or a court order or courtapproved property settlement incident to any such decree, with respect to which the Office has been duly notified. "(e) An employee or Member who is married at the time of retiring under this subchapter and who makes an election under this section may, during the 18-month period beginning on the date of retirement, make the election provided for under section 8339(o) of this title, subject to the deposit requirement thereunder.". (b) CONFORMING AMENDMENTS.—(1) The analysis for chapter 83 of

title 5, United States Code, is amended by inserting after the item relating to section 8343 the following: "8343a. Alternative forms of annuities.".

(2) The second sentence of section 8342(a) of title 5, United States Code, is amended by striking "The" and inserting in lieu thereof "Except as provided in section 8343a of this title, the". SEC. 205. RETIREMENT COUNSELING.

(a) IN GENERAL.—Subchapter III of chapter 83 of title 5, United States Code, as amended by section 201(b), is further amended by adding at the end thereof the following:

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/629

 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 593

"§ 8350. Retirement counseling "(a) For the purposes of this section, the term 'retirement counselor', when used with respect to an agency, means an employee of the agency who is designated by the head of the agency to furnish information on benefits under this subchapter and chapter 84 of this title and counseling services relating to such benefits to other employees of the agency. "(b) The Director of the Office of Personnel Management shall establish a training program for all retirement counselors of agencies of the Federal Government. "(c)(1) The training program established under subsection (b)(1) of this section shall provide for comprehensive training in the provisions and administration of this subchapter and chapter 84 of this title, shall be designed to promote fully informed retirement decisions by employees and Members under this subchapter and individuals subject to chapter 84 of this title, and shall be revised as necessary to assure that the information furnished to retirement counselors of agencies under the program is current. "(2) The Director shall conduct a training session under the training program at least once every 3 months. "(3) Once each year, each retirement counselor of an agency shall successfully complete a training session conducted under the training program.". (b) CHAPTER ANALYSIS.—The chapter analysis at the beginning of such chapter is amended by inserting after the item relating to section 8349 the following:

5 USC 8350.

Ante, p. 517.

"8350. Retirement counseling.". SEC. 206. PARTICIPATION BY CERTAIN EMPLOYEES AND MEMBERS ONLY IN THE THRIFT SAVINGS PLAN.

(a)(1) Subchapter III of chapter 83 of title 5, United States Code (as amended by sections 201(b) and 205(a) of this Act), is amended by adding at the end thereof the following new section: "(a)(1) An employee or Member may elect to contribute to the Thrift Savings Fund established by section 8437 of this title. "(2) An election may be made under paragraph (1) only during a period provided under section 8432(b) for individuals who are subject to chapter 84 of this title. "(b)(l) Except as otherwise provided in this subsection, the provisions of subchapters III and VII of chapter 84 of this title shall apply with respect to employees and Members making contributions to the Thrift Savings Fund under subsection (a) of this section. "(2) An employee or Member may contribute to the Thrift Savings Fund in any pay period any amount not exceeding 5 percent of the amount of the employee's or Member's basic pay for such period. "(3) No contributions may be made by an employing agency for the benefit of an employee or Member under section 8432(c) of this title. "(4) Section 8433(b) of this title applies to any employee or Member who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and separates from Government employment entitled to an immediate annuity under this subchapter (including a disability retirement annuity under section
 * '§ 8351. Participation in the Thrift Savings Plan

5 USC 8351.

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/630

 100 STAT. 594 5 USC 8101.

Loans.

Securities.

Regulations.

5 USC 8351 note.

PUBLIC LAW 99-335—JUNE 6, 1986

8337 of this title) or separates from Government employment entitied to benefits under subchapter I of chapter 81 of this title. "(5) Section 8433(c) of this title applies to any employee or Member who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and separates entitled to a deferred annuity under this subchapter. "(6) Section 8433(d) of this title applies to any employee or Member who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and separates from the service before becoming entitled to an immediate or deferred annuity under this subchapter. "(7)(A) The provisions of section 8435 of this title that require a waiver or consent by the spouse of an employee or Member (or former employee or Member) shall not apply with respect to sums in the Thrift Savings Fund contributed by the employee or Member (or former employee or Member) and earnings in the fund attributable to such sums. "(B) An election, change of election, or modification (relating to the commencement date of a deferred annuity) authorized by subchapter III of chapter 84 of this title shall be effective in the case of a married employee or Member, and a loan may be approved under section 8433(i) of this title in such case, only after the Executive Director notifies the employee's or Member's spouse that the election, change of election, or modification has been made or that the Executive Director has received an application for such loan, as the case may be. "(C) Subparagraph (B) may be waived with respect to a spouse or former spouse if the employee or Member establishes to the satisfaction of the Executive Director of the Federal Retirement Thrift Investment Board that the whereabouts of such spouse or former spouse cannot be determined. "(8) Sums Contributed under this section and earnings attributable to such sums may be invested and reinvested only in the Government Securities Investment Fund established under section 8438(b)(1)(A) of this title. "(c) The Executive Director of the Federal Retirement Thrift Investment Board may prescribe regulations to carry out this section.". (2) The analysis for chapter 83 of such title is amended by adding at the end thereof the following: "8351. Participation in the Thrift Savings Plan.".

(b) An election may first be made by an employee of the Federal Government or a Member of Congress under section 8351 of title 5, United States Code (as added by subsection (a)(1)), during the first period referred to in subsection (a)(2) of such section which commences on or after July 1, 1987. SEC. 207. MISCELLANEOUS AMENDMENTS.

(a) AMENDMENT TO SECTION 2105.—Section 2105(c)(2) of title 5, United States Code, is amended by striking out "chapter 81" and inserting in lieu thereof "chapter 81, chapter 84,". 03) AMENDMENT TO SECTION 2109.—Section 2109(1) of title 5, United States Code, is amended to read as follows: "(1) 'air traffic controller' or 'controller' means a civilian employee of the Department of Transportation or the Depart-

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/631

 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 595

ment of Defense who, in an air traffic control facility or flight service station facility— "(A) is actively engaged— "(i) in the separation and control of air traffic; or "(ii) in providing preflight, inflight, or airport advisory service to aircraft operators; or "(B) is the immediate supervisor of any employee described in subparagraph (A); and". (c) AMENDMENT TO SECTION 6301.—Section 6301(2)(B) of title 5, United States Code, is amended to read as follows: "(B) an individual first employed by the government of the District of Columbia before October 1, 1987;". (d) AMENDMENT TO SECTION 6303.—The second sentence of section 6303(a) of title 5, United States Code, is amended by striking out "title." and inserting in lieu thereof "title and all service creditable under section 8411 of this title for the purpose of chapter 84 of this title.". (e) AMENDMENT TO SECTION 8116.—Section 8116 of title 5, United States Code, is amended by adding at the end thereof the following: "(d) Notwithstanding the other provisions of this section, an individual receiving benefits for disability or death under this subchapter who is also receiving benefits under subchapter III of chapter 84 of this title or benefits under title II of the Social Security Act shall be entitled to all such benefits, except that— "(1) benefits received under section 223 of the Social Security Act (on account of disability) shall be subject to reduction on account of benefits paid under this subchapter pursuant to the provisions of section 224 of the Social Security Act; and "(2) in the case of benefits received on account of age or death under title II of the Social Security Act, compensation payable under this subchapter beised on the Federal service of an employee shall be reduced by the amount of any such social security benefits payable that are attributable to Federal service of that employee covered by chapter 84 of this title. However, eligibility for or receipt of benefits under chapter 84 of this title, or benefits under title II of the Social Security Act by virtue of service covered by chapter 84 of this title, does not affect the right of the employee to compensation for scheduled disabilities specified by section 8107(c) of this title.". if) AMENDMENTS TO SECTION 8331.—Section 8331(1) of title 5, United States Code, as amended by section 202(a), is further amended— (1) by amending subparagraph (G) to read as follows: "(G) an individual first employed by the government of the District of Columbia before October 1, 1987;"; and (2) by striking out "or" at the end of clause (ix), by striking out the period at the end of clause (x) and inserting in lieu thereof "; or", and by adding after clause (x) the following: "(xi) an employee under the Botanic Garden excluded by the Director or Acting Director of the Botanic Garden under section 8347(1) of this title.", (g) AMENDMENTS TO SECTION 8332.—(1) Section 8332(b) of title 5, United States Code, is amended— (A) by striking "and" at the end of paragraph (12), striking the period at the end of the first paragraph (13) and inserting a semicolon, redesignating the second paragraph (13) as para-

District of Columbia.

Ante, p. 517.

42 USC 401. 42 USC 423. 42 USC 424a.

District of Columbia.

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/632

 100 STAT. 596

District of Columbia. Virgki Islands

Ante, p. 517.

Records.

PUBLIC LAW 99-335—JUNE 6, 1986

graph (14), and striking the period at the end of such paragraph (14) (as so redesignated) and inserting "; and"; (B) by inserting after paragraph (14) (as so redesignated by subparagraph (A)) the following: "(15) subject to sections 8334(c) and 8339(i) of this title, service performed on or after January 3, 1969, and before January 4, 1973, as the Washington Representative for Guam or the Washington Representative for the Virgin Islands, only if the individual serves as a Member for a period of at least five years after January 2, 1973."; (C) in the second sentence after paragraph (15) (as added by subparagraph (B)), by striking "(13)" and inserting "(14)"; and (D) by adding at the end thereof the following: "For the purpose of this subchapter, service of the type described in paragraph (15) of this subsection shall be considered Member service.". (2) The last sentence of section 8332(f) of title 5, United States Code, is amended by striking "(13)" and inserting "(14)". (3) The last sentence of section 8332(k)(l) of title 5, United States Code, is amended by striking "second" and inserting "third". (h) AMENDMENTS TO SECTION 8342.—Section 8342(a) of title 5, United States Code, is amended— (1) in paragraphs (I)(B) and (3), by inserting ", or chapter 84 of this title," after "subchapter"; and (2) by adding at the end the following: "In applying this subsection with respect to an employee or Member who becomes subject to chapter 84 of this title, entitlement to payment of the lump-sum credit shall be determined without regard to paragraph (1) or (3) if, and to the extent that, such lump-sum credit relates to service of a type described in clauses (i) through (iii) of section 302(a)(l)(C) of the Federal Employees' Retirement System Act of 1986.". (i) AMENDMENT TO SECTION 8347.—Section 8347 of title 5, United States Code, is amended by adding at the end thereof the following: "(n)(l) Notwithstanding any other provision of this subchapter, the Director of Central Intelligence shall, in a manner consistent with the administration of this subchapter by the Office, and to the extent considered appropriate by the Director of Central Intelligence— "(A) determine entitlement to benefits under this subchapter based on the service of employees of the Central Intelligence Agency; "(B) maintain records relating to the service of such employees; "(C) compute benefits under this subchapter based on the service of such employees; "(D) collect deposits to the Fund made by such employees, their spouses, and their former spouses; "(E) authorize and direct disbursements from the Fund to the extent bsised on service of such employees; and "(F) perform such other functions under this subchapter as the Director of Central Intelligence, in consultation with the Director of the Office of Personnel Management, determines to be appropriate. "(2) The Director of the Office of Personnel Management shall furnish such information and, on a reimbursable basis, such services

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/633

 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 597

to the Director of Central Intelligence as the Director of Central Intelligence requests to carry out paragraph (1) of this subsection. "(3)(A) The Director of Central Intelligence, in consultation with the Director of the Office of Personnel Management, shall by regulation prescribe appropriate procedures to carry out this subsection. "(B) The regulations shall provide procedures for the Director of the Office of Personnel Management to inspect and audit disbursements from the Civil Service Retirement and Disability Fund under this subchapter. "(C) The Director of Central Intelligence shall submit the regulations prescribed under subparagraph (A) to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives before the regulations take effect. "(4)(A) Section 201(c) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees shall apply in the administration of this subchapter to the extent that the provisions of this subchapter are administered under this subsection. "(B) Notwithstanding subparagraph (A) of this paragraph, section 8347(d) of this title shall apply with respect to employees of the Central Intelligence Agency who are subject to the Civil Service Retirement System.". (j) AMENDMENTS TO SECTION 8348.—Section 8348(a) of title 5, United States Code, is amended— (1) in paragraph (I)(A), by striking out "subchapter;" and inserting in lieu thereof "subchapter or by the provisions of chapter 84 of this title which relate to benefits payable out of the Fund;"; (2) in paragraph dXB)— (A) by inserting "or 8462" after "8340"; and (B) by striking out "title, and" and inserting in lieu thereof "title or subchapters II and IV of chapter 84 of this title, and"; and (3) in paragraph (2), by striking out "chapter" and inserting in lieu thereof "chapter, chapter 84 of this title,". (k) AMENDMENTS TO CHAPTER 87.—Chapter 87 of title 5, United States Code, is amended— (1) by amending section 8701(a)(6) to read as follows: "(6) an individual first employed by the government of the District of Columbia before October 1, 1987;"; (2) in section 8706, by striking out subsection (c) and redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively; (3) by striking out subsection (c)(1) of section 8714a and inserting in lieu thereof the following: "(c)(l) Except as otherwise provided in this subsection, the optional insurance on an employee stops on his separation from service or 12 months after discontinuance of his pay, whichever is earlier, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office."; (4) by striking out the first sentence of section 8714b(c)(l) and inserting in lieu thereof the following: "Except as otherwise provided in this subsection, the additional optional insurance elected by an employee pursuant to this section shall stop on separation from service or 12 months after discontinuance of his pay, whichever is earlier, subject to a provision for temporary

Regulations.

50 USC 403 note.

Ante, p. 517.

5 USC 8701 «^ s^9

Insurance.

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/634

 100 STAT. 598

District of Columbia.

Ante, pp. 589, 591-593.

Ante, p. 517.

PUBLIC LAW 99-335—JUNE 6, 1986

extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office."; and (5) by striking out subsection (c)(1) of section 8714c and inserting in lieu thereof the following: "(c)(l) Except as otherwise provided in this subsection, the optional life insurance on family members shall stop at the earlier of the employee's death, the employee's separation from the service, or 12 months after discontinuance of pay, subject to a provision for temporary extension of life insurance coverage and for conversion to individual policies of life insurance under conditions approved by the Office.". (1) AMENDMENTS TO SECTION 8901.—Section 8901 of title 5, United States Code, is amended— (1) by amending paragraph (IKE) to read as follows: "(E) an individual first employed by the government of the District of Columbia before October 1, 1987;"; (2) by amending paragraph (3)(A) to read as follows: "(A) an employee who retires— "(i) on an immediate annuity under subchapter III of chapter 83 of this title, or another retirement system for employees of the Government, after 5 or more years of service; "(ii) under section 8412 or 8414 of this title; or "(iii) for disability under subchapter III of chapter 83 of this title, chapter 84 of this title, or another retirement system for employees of the Government;"; (3) in paragraph (4), by inserting "or chapter 84" after "83"; (4) in paragraph (lOXCXi), by inserting "or 8467" after "8345(j)", by inserting "or 8445" after "8341(h)", and by striking out "System)," and inserting in lieu thereof "System or the Federal Employees' Retirement System),"; and (5) in paragraph (lOXCXii)— (A) by striking out "or 8345(j)" and inserting in lieu thereof "8345(j), 8445, or 8467" and by striking out "System)" and inserting in lieu thereof "System or the Federal Employees' Retirement System)"; and (B) by inserting "or 8417(b)" after "8339(j)(3)". (m) AMENDMENTS TO SECTION 8905.—Section 8905(c)(l) of title 5, United States Code, is amended— (1) in subparagraph (B), by inserting "or 84170t))" after "8339(j)(3)"; and (2) in the second sentence, by striking out "or 8345(j)" and inserting in lieu thereof "8345(j), 8445, or 8467". (n) AMENDMENT TO SECTION 5102.—Section 5102(c)(14) of title 5, United States Code, is amended by inserting "(other than employees of the Federal Retirement Thrift Investment Management System appointed under section 8474(c)(2) of this title)" after "United States".

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/635

 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 599

TITLE III—OTHER PROVISIONS RELATING TO THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM AND THE CIVIL SERVICE RETIREMENT SYSTEM SEC. 301. ELECTIONS.

5 USC 8331 note.

(a) ELECTIONS FOR INDIVIDUALS SUBJECT TO THE CIVIL SERVICE RETIREMENT SYSTEM.—(I)(A) Any individual (other than an individ-

ual under subsection (b)) who, as of June 30, 1987, is employed by the Federal Government, and who is then subject to subchapter III of chapter 83 of title 5, United States Code, may elect to become subject Ante, pp. 589, to chapter 84 of such title. 591-593. (B) An election under this paragraph may not be made before '^"^^' P ^ ' July 1, 1987, or after December 31, 1987. (2)(A) Any individual who, after June 30, 1987, becomes reemployed by the Federal Government, and who is then subject to subchapter III of chapter 83 of title 5, United States Code, may elect to become subject to chapter 84 of such title. (B) An election under this paragraph shall not be effective unless it is made during the six-month period beginning on the date on which reemployment commences. (b) ELECTIONS FOR CERTAIN INDIVIDUALS SERVING CONTINUOUSLY SINCE DECEMBER 31, 1983.—The following rules shall apply in the

case of any individual described in section 84020t)Xl) of title 5, United States Code: (1) If, as of December 31, 1986, the individual is subject to subchapter III of chapter 83 of title 5, United States Code, but is not subject to section 204 of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983, the individual 5 USC 8331 note. shall remain so subject to such subchapter unless the individual elects, after June 30, 1987, and before January 1, 1988— (A) to become subject to such subchapter under the same terms and conditions as apply in the case of an individual described in section 8402(b)(2) of such title who is subject to such subchapter; or (B) to become subject to chapter 84 of such title. An individual eligible to make an election under this paragraph may make the election described in subparagraph (A) or (B), but not both. (2) If, as of December 31, 1986, the individual is subject to subchapter III of chapter 83 of title 5, United States Code, and is also subject to section 204 of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983, the individual— (A) shall, as of January 1, 1987, become subject to such subchapter under the same terms and conditions as apply in the case of an individual described in section 840203)(2) of such title who is subject to such subchapter; and (B) may (during the six-month period described in subsection (a)(l)(B)) elect to become subject to chapter 84 of such title. (3)(A)(i) If, as of December 31, 1986, the individual is not subject to subchapter III of chapter 83 of title 5, United States Code, the individual may, during the six-month period described

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/636

 100 STAT. 600

Ante, p. 591.

Ante, pp. 589, 591-593.

PUBLIC LAW 99-335—JUNE 6, 1986

in subsection (a)(l)(B), and if such individual has not since become subject to such subchapter pursuant to notification under section 8331(2) of such title, elect to become subject to chapter 84 of such title. (ii) An individual who makes an election under this subparagraph ceases to be eligible to become subject to subchapter III of chapter 83 of title 5, United States Code, pursuant to notification under section 8331(2) of such title. (B) Except as provided in subparagraph (A)(ii), nothing in this paragraph shall preclude an individual from becoming subject to subchapter III of chapter 83 of title 5, United States Code, pursuant to notification under section 8331(2) of such title. However, an individual who becomes subject to such subchapter pursuant to notification under such section 8331(2) after December 31, 1986, shall become subject to such subchapter under the same terms and conditions as apply in the case of an individual described in section 8402(b)(2) of such title who is subject to such subchapter. (c) EFFECTIVE DATE; IRREVOCABILITY.—An election made under this section— (1) shall take effect beginning with the first pay period beginning after the date of the election; and (2) shall be irrevocable. (d) CONDITION FOR MAKING AN ELECTION; EXTENSION TO SATISFY

Ante, p. 517.

CONDITION.—(1) An election under this section to become subject to chapter 84 of title 5, United States Code, shall not be considered effective in the case of an individual having one or more former spouses, unless the election is made with the written consent of such former spouse (or each such former spouse, if there is more than one). (2)(A) This subsection applies with respect to a former spouse who (based on the service of the individual involved) is entitled to benefits under section 8341(h) or 8345(j) of title 5, United States Code, under the terms of a decree of divorce or annulment, or a court order or court-approved property settlement incident to any such decree, with respect to which the Office of Personnel Management has been duly notified. (B) This subsection does not apply with respect to a former spouse who has ceased to be so entitled as a result of remarrying before age 55. (3) The requirement under paragraph (1) shall be considered satisfied with respect to a former spouse if the individual seeking to make the election establishes to the satisfaction of the Office (in accordance with regulations prescribed by the Office)— (A) that the former spouse's whereabouts cannot be determined; or (B) that, due to exceptional circumstances, requiring the individual to seek the former spouse's consent would otherwise be inappropriate. (4)(A) The Office shall, upon application of an individual, grant an extension for such individual to make an election referred to in paragraph (1) if such individual— (i) files application for extension before the end of the period during which such individual would otherwise be eligible to make such election; and (ii) demonstrates to the satisfaction of the Office that the extension is needed to secure the modification of a decree of

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/637

 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 601

divorce or annulment (or a court order or court-approved property settlement incident to any such decree) in order to satisfy the consent requirement under paragraph (1). (B) An extension under this paragraph shall be for 6 months or for such longer period as the Office considers appropriate. (e) EXCLUSIONS.—This section does not apply to an individual under section 8331(1)(G) of title 5, United States Code. SEC. 302. EFFECT OF AN ELECTION UNDER SECTION 301 TO BECOME SUBJECT TO THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM.

Ante, p. 595. 5 USC 8331 note.

(a) GENERAL AND SPECIAL RULES.—All provisions of chapter 84 of title 5, United States Code (including those relating to disability Ante, p. 517. benefits, survivor benefits, and any reductions to provide for survivor benefits) shall apply with respect to any individual who becomes subject to such chapter pursuant to an election under section 301, except if, or to the extent that, such provisions are inconsistent with the following: (1)(A) Any civilian service which is performed before the effective date of the election under section 301 shall not be creditable under chapter 84 of title 5, United States Code, except as otherwise provided in this subsection. (B) Any service described in subparagraph (A) which is covered service within the meaning of section 203(a)(3) of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 (97 Stat. 1107; 5 U.S.C. 8331 note) (hereinafter in this section referred to as "covered service") shall be creditable under chapter 84 of title 5, United States Code, if— (i) with respect to any such service performed before January 1, 1987, 1.3 percent of basic pay for such service was withheld in accordance with such Act or, if either such withholding was not made or was made, but the amount so withheld was subsequently refunded, 1.3 percent of basic pay for such period is deposited to the credit of the Civil Service Retirement and Disability Fund (hereinafter in this section referred to as the "Fund"), with interest (computed under section 8334(e) of such title); and (ii) with respect to any such service performed after December 31, 1986, and before the effective date of the election, an amount equal to the percentage of basic pay for such service which would be required to be withheld under section 8422(a) of title 5, United States Code, has been contributed to the Fund by the individual involved, whether by withholdings from pay or, if either no withholding was made or was made, but the amount withheld was subsequently refunded, the aforementioned percentage of basic pay for such period is deposited to the credit of the Fund, with interest (computed under section 8334(e) of such title). (C) Any service described in subparagraph (A)— (i) which is not covered service; (ii) which constitutes service of a type described in section 8411(b)(3) of title 5, United States Code (determined without regard to whether such service was performed before, on, or after January 1, 1989, and without regard to the provisions of section 8411(f) of such title); and (iii) which, in the aggregate, is equal to less than 5 years;

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/638

 100 STAT. 602 Ante, p. 517.

Ante, pp. 589, 591-593.

PUBLIC LAW 99-335—JUNE 6, 1986 shall be creditable under chapter 84 of such title, subject to section 8411(f) of such title. (D) Any service described in subparagraph (A)— (i) which is not covered service; (ii) which constitutes service of a type described in section 8411(b)(3) of title 5, United States Code (determined without regard to whether such service was performed before, on, or after Jsuiuary 1, 1989, and without regard to the provisions of section 8411(f) of such title); and (iii) which, in the aggregate, is equal to 5 years or more; shall be creditable for purposes of^ (I) section 8410 of such title, relating to the minimum period of civilian service required to be eligible for an annuity; (II) any provision of section 8412 (other than subsection (d) or (e) thereof), 8413, 8414, 8442(b)(l)(B), or 8451 of such title which relates to a minimum period of service for entitlement to an annuity; (III) the provisions of paragraphs (4) and (6); (IV) any provision of section 8412(d) of such title which relates to a minimum period of service for entitlement to an annuity, but only if and to the extent that the service described in subparagraph (A) was as a law enforcement officer or firefighter; and (V) any provision of section 8412(e) of such title which relates to a minimum period of service for entitlement to an annuity, but only if and to the extent that the service described in subparagraph (A) was as an air traffic controller. (2)(A) Except as provided in subparagraph (B), the creditability under chapter 84 of title 5, United States Code, of any military service which is performed before the effective date of the election under section 301 shall be determined in accordance with applicable provisions of such chapter. (B) If the electing individual has performed service described in clauses (i) through (iii) of paragraph (1)(D), service described in subparagraph (A) which, but for the provisions of subsection (b), would be creditable under subchapter III of chapter 83 of title 5, United States Code, as in effect on December 31, 1986, shall be creditable for purposes of— (i) any provision of section 8412 (other than subsection (d) or (e) thereof), 8413, or 8414 of such title which relates to a minimum period of service for entitlement to an annuity; and (ii) the provisions of paragraph (4). (3)(A)(i) If the electing individual becomes entitled to an annuity under subchapter II of chapter 84 of title 5, United States Code, or dies leaving a survivor or survivors entitled to benefits under subchapter IV of such chapter, the annuity for such individual shall be equal to the sum of the individual's accrued benefits under the Civil Service Retirement System (as determined under paragraph (4)) and the individual's accrued benefits under the Federal Employees' Retirement System (as determined under paragraph (5)). (ii) An annuity computed under this subparagraph shall be deemed to be the individual's annuity computed under section 8415 of title 5, United States Code.

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/639

 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 603

(B) If the electing individual becomes entitled to an annuity under subchapter V of chapter 84 of title 5, United States Code, and if it becomes necessary to compute an annuity under section 8415 of such title with respect to such individual as a result of such individual's having become so entitled, the methodology set forth in subparagraph (A) shall be used in computing any such annuity under section 8415. (4) Except as provided in paragraph (12)(B), accrued benefits under this paragraph shall be computed in accordance with applicable provisions of subchapter III of chapter 83 of title 5, United States Code (but without regard to subsection (j) or (k), or the second sentence of subsection (e), of section 8339 of such title) using only any civilian service under paragraph (1)(D), and any military service under paragraph (2)(B), which would be creditable for purposes of computing an annuity under such subchapter. (5) Accrued benefits under this paragraph shall be computed under section 8415 of title 5, United States Code, using— (A) total service creditable under chapter 84 of such title which is performed on or after the effective date of the election under section 301; and (B) with respect to service performed before such effective date— (i) creditable civilian service (as determined under applicable provisions of this subsection) other than any service described in paragraph (1)(D); and (ii) creditable military service (as determined under applicable provisions of this subsection) other than any service described in paragraph (2)(B). (6)(A) For purposes of any computation under paragraph (4) or (5), the average pay to be used shall be the largest annual rate resulting from averaging the individual's rates of basic pay in effect over any 3 consecutive years of creditable service or, in the case of an annuity based on service of less than 3 years, over the total period of service so creditable, with each rate weighted by the period it was in effect. (B) For purposes of subparagraph (A), service shall be considered creditable if it would be considered creditable for purposes of determining average pay under chapter 83 or 84 of title 5, United States Code. (7) The cost-of-living adjustments for the annuity of the electing individual shall be made as follows: (A) The portion of the annuity attributable to paragraph (4) shall be adjusted at the time and in the amount provided for under section 8340 of title 5, United States Code. (B) The portion of the annuity attributable to paragraph (5) shall be adjusted at the time and in the amount provided for under section 8462 of title 5, United States Code. (8) For purposes of any computation under paragraph (4) in the case of an individual who retires under section 8412 or 8414 of title 5, United States Code, or who dies leaving a survivor or survivors entitled to benefits under subchapter IV of such chapter, sick leave creditable under section 8339(m) of such title shall be equal to the number of days of unused sick leave to the individual s credit as of the date of retirement or as of the effective date of the individual's election under section 301, whichever is less.

Ante, pp. 589, 591-593.

Ante, p. 517.

5 USC 8301 ^^ s^g.

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/640

 100 STAT. 604

Ante, pp. 589, ^^i~593.

Ante, p. 517.

PUBLIC LAW 99-335—JUNE 6, 1986

(9) In computing the annuity under paragraph (3) for an individual retiring under section 8412(g) or 8413(b) of title 5, United States Code, the reduction under section 8415(f) of such title shall apply with respect to the sum computed under such paragraph. (10) An annuity supplement under section 8421 of title 5, United States Code, shall be computed using the same service as is used for the computation under paragraph (5). (11) Effective from its commencing date, an annuity payable to an annuitant's survivor (other than a child under section 8443 of title 5, United States Code) shall be increased by the total percent by which the deceased annuitant's annuity was increased under paragraph (7). (12)(A) If the electing individual is subject to section 8344 of title 5, United States Code, at the time of making the election, payment of annuity benefits otherwise payable to such individual Under subchapter III of chapter 83 of such title (and any related deductions from pay) shall terminate as of the effective date of the election. (B) Accrued benefits under paragraph (4) for an individual described in subparagraph (A) shall be computed— (i) in accordance with applicable provisions of subchapter III of chapter 83 of title 5, United States Code (but without regard to subsection (j) or (k), or the second sentence of subsection (e), of section 8339 of such title) using only any civilian service under paragraph (I)(D), and any military service under paragraph (2)(B), which would be creditable for purposes of computing an annuity under such subchapter; and (ii) as if the individual's reemployment terminated on the effective date of the election. (b) CHAPTER 83 GENERALLY INAPPUCABLE.—(1) Except as provided in subsection (a) or paragraph (2), subchapter III of chapter 83 of title 5, United States Code, shall not apply with respect to any individual who becomes subject to chapter 84 of title 5, United States Code, pursuant to an election under section 301. (2)(A) Nothing in paragraph (1), or in subchapter III of chapter 83 of title 5, United States Code, shall preclude the making of a deposit under such subchapter with respect to any civilian service under subsection (a)(l)(D) or military service under subsection (a)(2)(B) either by the electing individual or, for purposes of survivor annuities, by a survivor of such individual. (B) Nothing in paragraph (1) shall preclude the payment of any lump-sum credit in accordance with section 8342 of title 5, United States Code. (c) REFUNDS RELATING TO CERTAIN CIVIUAN SERVICE.—(1)

Any

individual who makes an election under section 301 to become subject to chapter 84 and who, with respect to any period before the effective date of the election, has made a contribution to the Civil Service Retirement System (whether by deductions from pay or by a deposit or redeposit) and has not taken a refund of the contribution (as so made), shall be entitled to a refund equal to— (A) for a period of service under clause (i) of subsection (a)(l)(B), the amount by which— (i) the amount contributed with respect to such period, exceeds

�


text:
Page:U.S. Department of the Interior Annual Report 1880.djvu/46

44

The reports of this company show length of road operated, 217.14 miles; road owned, 107.42; subsidized line, 101.77; number of locomotives, 13; number of passenger cars, 9; number of baggage, mail, and express cars, 6; number of freight and other cars, 233. Stock subscribed, $2,068,400; stock issued, $2,068,400; funded debt, $1,628,000; United States subsidy bonds, $1,628,320; floating debt, $278,592.05; accrued interest on funded debt, $51,165; accrued interest on United States subsidy bonds, $1,171,199.87; total debt, $4,757,276.92; stock and debt, $6,825,676.92; cost of road, $5,355,551.28. Passenger earnings for year ending June 30, 1830, $130,193.17; freight earnings, $392,513.73; miscellaneous earnings, $21,136.58; total earnings, $543,843.48; operating expenses, $421,232.03; net earnings, $122,611.45; interest paid, $98,119.90.

For the fiscal year ending June 30,1880, the company reports: Miles of road owned and operated, 483.86; number of locomotives, 54;


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/641

 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 605

(ii) the amount required under such clause (i) with respect to such period; (B) for a period of service under clause (ii) of subsection (a)(l)(B), the amount by which— (i) the amount so contributed with respect to such period, exceeds (ii) the amount required under such clause (ii) with respect to such period; and (C) for a period of service under subparagraph (C) of subsection (a)(D, the amount by which— (i) the amount so contributed with respect to such period, exceeds (ii) the amount required under such subparagraph with respect to such period. (2) A refund under this subsection— (A) shall be payable with interest, computed at the rate applicable for the period involved under section 8331(8)(C) of title 5, United States Code, but only if such interest would be payable pursuant to an application for a lump-sum credit appropriately filed under subchapter III of chapter 83 of such title; Ante, pp. 589, ^nd

591-593.

(B) shall be payable upon written application therefor filed with the Office of Personnel Management. SEC. 303. PROVISIONS RELATING TO AN ELECTION TO BECOME SUBJECT 5 USC 8331 note. TO CHAPTER 83 SUBJECT TO CERTAIN OFFSETS RELATING TO SOCIAL SECURITY.

(a) REFUND.—Any individual who makes an election under section 301(b)(l)(A) shall, upon written application to the Office of Personnel Management, be entitled to a refund equal to— (1) for the period beginning on January 1, 1984, and ending on December 31, 1986, the amount by which— (A) the total amount deducted from such individual's basic pay under section 8334(a)(l) of title 5, United States Code, for such period, exceeds (B) 1.3 percent of such individual's total basic pay for such period; and (2) for the period beginning on January 1, 1987, and ending on the day before the effective date of the election, the amount by which— (A) the total amount deducted from such individual's basic pay under such section 8334(a)(l) for such period, exceeds (B) the total amount which would have been deducted if such individual's basic pay had instead been subject to section 8334(k) of such title during such period. (b) DEPOSIT REQUIREMENTS.—(1) In the case of an individual who becomes subject to subchapter III of chapter 83 of title 5, United States Code, pursuant to notification as described in the second sentence of section 301(b)(3)(B), service performed by such individual before the effective date of the notification shall not be considered creditable under such subchapter unless— (A) for any service during the period beginning on January 1, 1987, and ending on the day before such effective date, there is deposited to the credit of the Fund a percentage of basic pay for such period equal to the percentage which would have applied

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/642

 100 STAT. 606

PUBLIC LAW 99-335—JUNE 6, 1986

under section 8334(k) of such title if such individual's pay had been subject to such section during such period; (B) for any period of service beginning on January 1, 1984, and ending on December 31, 1986, there is deposited to the credit of the Fund an amount equal to 1.3 percent of basic pay for such period; and (C) for any period of service before January 1, 1984, there is deposited to the credit of the Fund any amount required with respect to such period under such subchapter. (2) A deposit under this subsection may be made by the individual or, for purposes of survivor annuities, a survivor of such individual. SEC. 304. AMENDMENTS RELATING TO SOCIAL SECURITY.

(a) AMENDMENTS TO SOCIAL SECURITY ACT.—Section 210(a)(5) of the

42 USC 410.

Post, p. 619. Post, p. 628. Ante, p. 517. 26 USC 3121.

Social Security Act is amended— (1) by striking out "or" at the end of subparagraph (F); (2) by striking out the semicolon at the end of subparagraph (G) and inserting in lieu thereof ", or"; and (3) by adding at the end thereof the following: "(H) service performed by an individual on or after the effective date of an election by such individual under section 301(a) of the Federal Employees' Retirement System Act of 1986, or under regulations issued under section 860 of the Foreign Service Act of 1980 or section 307 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, to become subject to chapter 84 of title 5, United States Code;". (b) AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1954.— Section 3121(b)(5) of the Internal Revenue Code of 1954 is amended— (1) by striking out "or" at the end of subparagraph (F); (2) by striking out the semicolon at the end of subparagraph (G) and inserting in lieu thereof ", or"; and (3) by adding at the end thereof the following: "(H) service performed by an individual on or after the effective date of an election by such individual under section 301(a) of the Federal Employees' Retirement System Act of 1986, or under regulations issued under section 860 of the Foreign Service Act of 1980 or section 307 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, to become subject to chapter 84 of title 5, United States Code;". SEC. 305. EXTENSION OF FEDERAL EMPLOYEES* RETIREMENT CONTRIBUTION TEMPORARY ADJUSTMENT ACT OF 1983; REFUND OF EXCESS CONTRIBUTIONS.

(a) EXTENSION.—The Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 (97 Stat. 1106; 5 U.S.C. 8331 note) is amended— (1) in sections 202(6), 203(a)(4)(A), 203(a)(4)(B), 204(a), and 206(b)(2)(A)(i) by striking "May 1, 1986" each place it appears and inserting January 1, 1987", and in sections 202(1) and 206(c)(3) by striking "January 1, 1986" and inserting "January 1, 1987"; and (2) in subsections (b) and (c) of section 205, by striking out "and 1986" and inserting in lieu thereof "1986, and 1987". Effective date (b) REFUNDS.—(1) The amendments made by subsection (a) shall be 5 USC 8331 note, effective as of May 1, 1986.

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/643

 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 607

(2) Any refund payable to an individual as a result of paragraph (1) shall be paid out of funds of the appropriate retirement system. (3) For purposes of this subsection, the term "retirement system" means a covered retirement system as defined by section 203(a)(2) of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 (97 Stat. 1107; 5 U.S.C. 8331 note). SEC. 306. APPLICABILITY TO THE UNITED STATES POSTAL SERVICE.

Section 1005(d) of title 39, United States Code, is amended to read as follows: "(d) Officers and employees of the Postal Service (other than the Governors) shall be covered by chapters 83 and 84 of title 5. The 5 USC 8301 Postal Service shall withhold from pay and shall pay into the Civil et seq.; ante, Service Retirement and Disability Fund the amounts specified in or P ^ '• determined under such chapter 83 and subchapter II of such chapter 84, respectively. The Postal Service shall pay into the Federal Retirement Thrift Savings Fund the amounts specified in or determined under subchapters III and VII of such chapter 84.". SEC. 307. USE OF "NORMAL-COST PERCENTAGE".

5 USC 8401 note.

Notwithstanding any other provision of law, the normal-cost percentage (as defined by section 8401(23) of title 5, United States Code, as added by this Act) of the Federal Employees' Retirement System shall be used to value the cost of the System for all purposes in which the cost of the System is required to be determined by the Federal Government, including any comparisons between the cost of performing commercial activities under contract with commercial sources and the cost of performing those activities using Government facilities and personnel. SEC. 308. RETIREMENT STUDY.

(a) STUDY AND PLAN.—The Secretary of Defense and Secretary of Transportation shall conduct a study of the retirement systems provided for employees of nonappropriated fund instrumentalities of the United States under their respective jurisdictions and shall develop a feasible plan or plans to provide portability of vested retirement benefits among such retirement systems and other Federal Government retirement systems. (b) REPORT.—Not later than 90 days after the date of enactment of this Act, the Secretary of Defense and Secretary of Transportation shall transmit a report to the Congress describing the plan or plans developed pursuant to subsection (a) and the anticipated schedule for the implementation of such plan or plans. SEC. 309. REPEAL OF AUTOMATIC TRANSFER PROVISION.

Section 207 of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 (97 Stat. 1111; 5 U.S.C. 8331 note) is repealed. SEC. 310. DISCLOSURE OF RETURN INFORMATION.

(a) IN GENERAL.—Subsection (1) of section 6103 of the Internal Revenue Code of 1954 (relating to disclosure of returns and return information for purposes other than tax administration) is amended by adding at the end thereof the following new paragraph: "(12) DISCLOSURE OF RETURN INFORMATION TO CARRY OUT FEDERAL EMPLOYEES' RETIREMENT SYSTEM.—

"(A) IN GENERAL.—The Commissioner of Social Security shall, on written request, disclose to the Office of Personnel

26 USC 6103.

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/644

 100 STAT. 608

26 USC 1402, 3121, 3401.

PUBLIC LAW 99-335—JUNE 6, 1986 Management return information from returns with respect to net earnings from self-employment (as defined in section 1402), wages (as defined in section 3121(a) or 3401(a)), and payments of retirement income, which have been disclosed to the Social Security Administration as provided by paragraph (1) or (5). "(B) RESTRICTION ON DISCLOSURE.—The Commissioner of

5 USC 8301 et seq.; ante, p. 517. 26 USC 6103.

26 USC 6103 note.

42 USC 1306. 5 USC 8472 note.

Social Security shall disclose return information under subparagraph (A) only for purposes of, and to the extent necessary in, the administration of chapters 83 and 84 of title 5, United States Code." (b) CONFORMING AMENDMENTS.—

(1) Subparagraph (A) of section 6103(p)(3) of such Code is amended by striking out "(10), or (11)" and inserting in lieu thereof "(10), (11), or (12)". (2) Paragraph (4) of section 6103(p) of such Code is amended— (A) by striking out "(10), or (11)" in the material preceding subparagraph (A) and inserting in lieu thereof "(10), (11), or (12)", and (B) by striking out "(10), or (11)" in subparagraph (F)(ii) and inserting in lieu thereof "(10), (11), or (12)". (c) REIMBURSEMENT.—The Office of Personnel Management shall reimburse the costs (as determined by the Secretary of Health and Human Services) of supplying— (1) information under section 6103(1)(12) of the Internal Revenue Code of 1954; and (2) such other information agreed upon by the Director of the Office of Personnel Management and the Secretary of Health and Human Services, which is required in the administration of chapters 83 and 84 of title 5, United States Code. Section 1106(b) and (c) of the Social Security Act shall apply to any reimbursement under this subsection. SEC. 311. INITIAL APPOINTMENTS TO THE FEDERAL RETIREMENT THRIFT INVESTMENT BOARD.

(a) INITIAL APPOINTMENT OF MEMBERS.—Section 8472(c) of title 5, United States Code (as added by section 101(a) of this Act) shall not apply to the members of the Federal Retirement Thrift Investment Board first appointed to such Board. O> TERMS OF SERVICE.—Notwithstanding subsection (e)(1) of sect) tion 8472 of title 5, United States Code (as added by section 101(a) of this Act), the term of service of each member of the Federal Retirement Thrift Investment Board appointed pursuant to subsection (a) shall be 1 year, except that such member shall continue to serve until his successor is appointed under subsection (b) of such section 8472 and confirmed under subsection (c) of such section. 5 USC 8432 note.

SEC. 312. PLAN FOR DELAYED CONTRIBUTIONS TO THE THRIFT SAVINGS FUND.

Not later than January 1, 1988, the Executive Director of the Federal Retirement Thrift Investment Board shall transmit to Congress a plan to afford employees of the Federal Government and Members of Congress who make less than the maximum amount of authorized contributions to the Thrift Savings Fund in any period an opportunity to contribute to such Fund, in a later period, the excess of such amount over the amount contributed during such

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/645

 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 609

period. The plan shall include such recommendations for legislation as the Executive Director considers appropriate.

TITLE IV—FOREIGN SERVICE RETIREMENT SEC. 401. SHORT TITLE; REFERENCES TO FOREIGN SERVICE ACT OF 1980.

Foreign Service Pension System Act of 1986. 22 USC 3901 note.

(a) SHORT TITLE.—This title may be cited as the "Foreign Service Pension System Act of 1986". (b) AMENDMENTS TO FOREIGN SERVICE ACT OF 1980.—Whenever in

this title a section or other provision is amended, such amendment shall be considered to be made to that section or other provision of the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.). SEC. 402. REDESIGNATION OF CERTAIN PROVISIONS OF THE FOREIGN SERVICE ACT OF 1980.

(a) CONFORMING CHAPTER AMENDMENTS.—Chapter 8 of title I (22 U.S.C. 4041 et seq.) is amended— (1) by striking out the caption of such chapter and inserting in lieu thereof the following: "CHAPTER 8—FOREIGN SERVICE RETIREMENT AND DISABILITY SUBCHAPTER I- -FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM"

(2) by striking out "this chapter" each place it appears and inserting in lieu thereof "this subchapter"; and (3) by inserting "under this subchapter" after "payable from the Fund" each place it appears. (b) CONFORMING AMENDMENTS RELATING TO RETIREMENT FOR DISABILITY OR INCAPACITY.—(1) Section 808(d) (22 U.S.C. 4048(d)) is

amended— (A) by striking out "such subchapter" each place it appears in the second and third sentences and inserting in lieu thereof "subchapter I of such chapter 8"; and (B) by striking out "Act" each place it appears and inserting in lieu thereof "subchapter". (2) Section 808(e) (22 U.S.C. 4048(e)) is amended by striking out "Act" each place it appears and inserting in lieu thereof "subchapter". (c) CONFORMING AMENDMENTS RELATING TO DEATH IN SERVICE.—

Section 809(a) (22 U.S.C. 4049(a)) is amended by striking out "Act" and inserting in lieu thereof "subchapter". SEC. 403. DEFINITION OF COURT.

Section 804(3) (22 U.S.C. 4044(3)) is amended by striking out "or of the District of Columbia" and inserting in lieu thereof the following: ", the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court as defined by section 201(3) of the Act entitled 'An Act to prescribe penalties for certain acts of violence or intimidation, and for other purposes', approved April 11, 1968 (25 U.S.C. 1301(3); 82 Stat. 77)".

71_19A 0 - 89 - 22: QL 3 Part i

District of Columbia. Commonwealth of Puerto Rico. Guam. Northern Mariana Islands. Virgin Islands.

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/646

 100 STAT. 610

PUBLIC LAW 99-335—JUNE 6, 1986

SEC. 404. CREDITABLE SERVICE FOR PURPOSES OF SUBCHAPTERS I AND II.

Ante, p. 609; post, p. 615.

(a) PRO RATA SHARE.—Section 804(10) (22 U.S.C. 4044(10)) is amended by inserting "(creditable under subchapter I or II)" after "creditable service" each place it appears. (b) FORMER SPOUSES.—(1) Section 814(a)(1) (22 U.S.C. 4054(a)(1)) is amended by adding at the end thereof the following: "For the purposes of this paragraph, the term 'creditable service' means service which is creditable under subchapter I or II.". (2) Section 81403X1) (22 U.S.C. 4054(b)(1)) is amended by adding at the end thereof the following: "For the purposes of this paragraph, the term 'creditable service' means service which is creditable under subchapter I or II.". (c) LUMP-SUM PAYMENTS.—Section 815(i) (22 U.S.C. 4055(i)) is amended by adding at the end thereof the following: "For the purposes of this subsection, the term 'creditable service' means service which is creditable under subchapter I or II.". SEC. 405. CONTRIBUTIONS TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM.

Post, p. 616. 42 USC 401. 26 USC 3101 ^t seq-

(a) CONTRIBUTIONS AFTER DECEMBER 31, 1986.—Section 805 (22 U.S.C. 4045) is amended— (1) by inserting "Except as provided in subsection (h)," before "7 percent" in the first sentence of subsection (a); and (2) by adding at the end thereof the following new subsection (h): "(h) Effective with respect to pay periods beginning after December 31, 1986, in administering this section with respect to a participant described in section 853(c) whose service is employment for the purposes of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1954, contributions to the Fund and interest thereon shall be computed as if section 8334(k) of title 5, United States Code, were applicable.". Ob) CREDITABILITY OF INTERIM SERVICE.—Subsection (d) of section

805 (22 U.S.C. 4045(d)) is amended by adding at the end thereof the following: "(4) Notwithstanding the preceding provisions of this subsection and any provision of section 2060t))(3) of the Federal Employees' 5 USC 8331 note. Retirement Contribution Temporary Adjustment Act of 1983, the percentage of basic pay required under this subsection in the case of a participant described in section 853(c) shall, with respect to any 5 USC 8331 note. Covered service (as defined by section 203(a)(3) of such Act) performed by such individual after December 31, 1983, and before January 1, 1987, be equal to 1.3 percent.". SEC. 406. OFFSET OF ANNUITY BY THE AMOUNT OF SOCIAL SECURITY BENEFITS.

Supra. 42 USC 401.

Section 806 (22 U.S.C. 4046) is amended by adding at the end thereof the following new subsection: "(m) The annuity or survivor annuity payable to any individual subject to section 805(h) beginning with the first month for which such individual both— "(1) attains the minimum age for old-age benefits under title II of the Social Security Act, and "(2) first becomes entitled, or would upon proper application become entitled, for disability or survivor benefits under title II

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/647

 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 611

of the Social Security Act based on the service of any individual 42 USC 401. under this subchapter, shall be computed as if section 8349 of title 5, United States Code, Ante, p. 589. were applicable.". SEC. 407.18-MONTH PERIOD TO ELECT SURVIVOR ANNUITY. Section 806 (22 U.S.C. 4046) is further amended by adding at the end thereof the following: "(n)(l)(A) A participant— "(i) who, at the time of retirement, is married; and "(ii) who elects at such time (in accordance with subsection (b)) to waive a survivor annuity, may, during the 18-month period beginning on the date of the retirement of such participant, elect to have a reduction under subsection (b) made in the annuity of the participant (or in such portion thereof as the participant may designate) in order to provide a survivor annuity for the spouse of such participant. "(B) A participant— "(i) who, at the time of retirement, is married, and "(ii) who at such time designates (in accordance with subsection (b)) that a limited portion of the annuity of such participant is to be used as the base for a survivor annuity, may, during the 18-month period beginning on the date of the retirement of such participant, elect to have a greater portion of the annuity of such participant so used. "(2)(A) An election under subparagraph (A) or (B) of paragraph (1) of this subsection shall not be considered effective unless the amount specified in subparagraph (B) of this paragraph is deposited into the Fund before the expiration of the applicable 18-month period under paragraph (1). "(B) The amount to be deposited with respect to an election under this subsection is an amount equal to the sum of— "(i) the additional cost to the System which is associated with providing a survivor annuity under subsection (b) of this section and results from such election taking into account (I) the difference (for the period between the date on which the annuity of the former participant commences and the date of the election) between the amount paid to such former participant under this subchapter and the amount which would have been paid if such election had been made at the time the participant or former participant applied for the annuity, and (II) the costs associated with providing the later election; and "(ii) interest on the additional cost determined under clause (i)(I) of this subparagraph computed using the interest rate specified or determined under section 805(d)(3) for the calendar year in which the amount to be deposited is determined. "(3) An election by a participant under this subsection voids prospectively any election previously made in the case of such participant under subsection (b). "(4) An annuity which is reduced in connection with an election under this subsection shall be reduced by the same percentage reductions as were in effect at the time of the retirement of the participant whose annuity is so reduced. "(5) Rights and obligations resulting from the election of a reduced annuity under this subsection shall be the same as the rights and obligations which would have resulted had the participant involved elected such annuity at the time of retiring.".

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/648

 100 STAT. 612

PUBLIC LAW 99-335—JUNE 6, 1986

SEC. 408. ALTERNATE FORMS OF ANNUITIES.

Regulations. 22 USC 4048.

22 USC 4046.

Post, p. 615.

Section 807 (22 U.S.C. 4047) is amended by adding at the end thereof the following: "(e)(1) The Secretary of State shall prescribe regulations under which a participant may, at the time of retiring under this subchapter (other than under section 808), elect annuity benefits under this section instead of any other benefits under this subchapter (including survivor benefits) based on the service of the participant. "(2) Subject to paragraph (3), the Secretary of State shall by regulation provide for such alternative forms of annuities as the Secretary considers appropriate, except that among the alternatives offered shall be— "(A) an alternative which provides for— "(i) payment of the lump-sum credit (excluding interest) to the participant; and "(ii) payment of an annuity to the participant for life; and "(B) in the case of a participant who is married at the time of retirement, an alternative which provides for— "(i) payment of the lump-sum credit (excluding interest) to the participant; and "(ii) payment of an annuity to the participant for life, with a survivor annuity payable for the life of a surviving spouse. "(3) Each alternative provided for under paragraph (2) shall, to the extent practicable, be designed such that the total value of the benefits provided under such alternative (including any lump-sum credit) is actuarially equivalent to the value of the annuity which would otherwise be provided the participant under this subchapter, as Computed under section 806(a). "(4) A participant who, at the time of retiring under this subchapter— "(A) is married, shall be ineligible to make an election under this section unless a waiver is made under section 806(b)(1)(B); or "(B) has a former spouse, shall be ineligible to make an election under this section if the former spouse is entitled to benefits under this subchapter (based on the service of the participant) unless a waiver has been made under section 806(b)(1)(C). "(5) A participant who is married at the time of retiring under this subchapter and who makes an election under this section may, during the 18-month period beginning on the date of retirement, make the election provided for under section 806(n), subject to the deposit requirement thereunder. "(6) Notwithstanding any other provision of law, any lump-sum credit provided pursuant to an election under this subsection shall not preclude an individual from receiving any other benefits under this subsection.". SEC. 409. TREATMENT OF CERTAIN RECALL SERVICE. Section 823 (22 U.S.C. 4063) is amended by adding at the end thereof the following: "(c) If an annuitant becomes subject to subchapter II of this chapter by reason of recall service— "(1) subsections (a) and (b) shall not apply to such annuitant; and

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/649

 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 613

"(2) section 824 shall apply to the recall service as if such service were reemployment.". SEC. 410. REEMPLOYMENT.

Section 824 (22 U.S.C. 4064) is amended to read as follows: "SEC. 824. REEMPLOYMENT.—(a)(1)(A) Except in the case of an annuitant who makes an election under subsection (b), if any former participant, who has retired and is receiving an annuity under this subchapter or subchapter II of this chapter, becomes employed in an Post, p. 615. appointive or elective position in the Government, payment of any annuity under either subchapter to the annuitant shall terminate effective on the date of the employment and the reemployment service shall be covered service under the rules of the system under which the appointment is made. "(B) If the annuity of an individual is terminated under subparagraph (A) and that individual becomes covered under the same retirement system from which that annuity is terminated, that individual shall be entitled to a redetermination of rights under that system upon termination of the employment. "(C) If the annuity is terminated and the individual becomes covered under another contributory retirement system for Government employees pursuant to paragraph (A), the individual shall be entitled to benefits under the rules of that system. In addition, the individual shall be entitled to a resumption of any annuity terminated by reason of the employment. "(b)(1) A participant who is entitled to an annuity under this subchapter or subchapter II of this chapter and becomes employed in an appointive or elective position in the Government on a parttime, intermittent, or temporary basis may elect to continue to receive either or both annuities as provided in this subsection. "(2) The total annuity payable under this chapter to an annuitant making an election under paragraph (1) shall be reduced during the part-time, intermittent, or temporary employment referred to in paragraph (1) as necessary to meet the requirements of paragraph (3). "(3) The sum of— "(A) the total annuity payable under this chapter to an annuitant making an election under paragraph (1), and "(B) the annual rate of pay payable to the annuitant during the part-time, intermittent, or temporary employment referred to in paragraph (1), may not exceed, in any calendar year, the highest annual rate of pay which is payable during such year for full-time employment in the position in which the annuitant is employed. "(4) Upon termination of the part-time, intermittent, or temporary employment referred to in paragraph (1), payment of the full annuity of an annuitant who has made an election under paragraph (1) of this subsection shall resume. "(c) The amount of annuity which has been terminated or reduced under this section by reason of the reemployment of the annuitant and is resumed under this section shall be the amount of the annuity which would have been payable if the annuitant had not accepted the reemployment. The amount of an annuity resulting from a redetermination of rights pursuant to subsection (a) shall not be less than the amount of an annuity resumed under the previous sentence.

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/650

 100 STAT. 614

PUBLIC LAW 99-335—JUNE 6, 1986

"(d) The annuity rights of any participant who is reemployed in the Government shall be determined under this section instead of section 8468 of title 5, United States Code. "(e) When any such retired participant is reemployed, the employer shall send a notice of such reemployment to the Secretary of State, together with all pertinent information relating to such employment, and shall pay directly to such participant the salary of the position in which he or she is serving. "(f) In the event of any overpayment under this section, such overpayment shall be recovered by withholding the amount involved from the salary payable to such reemployed participant or from any other moneys, including annuity payments, payable under this chapter.". SEC. 411. COMPARABILITY BETWEEN THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM AND THE FOREIGN SERVICE PENSION SYSTEM.

Section 827 (22 U.S.C. 4067) is amended by adding at the end thereof the following: President of U.S. "(c) The President shall maintain, under the same conditions and in the same manner as provided in subsections (a) and (b) existing conformity between the Federal Employees' Retirement System provided in chapter 84 of title 5, United States Code, and the Ante, p. 517. Foreign Service Pension System provided in subchapter II of this chapter.". SEC. 412. MODERATION OF REMARRIAGE PENALTY.

22 USC 4068.

Chapter 8 of title I (22 U.S.C. 4041 et seq.) is further amended by adding after section 827 the following: "SEC. 828. REMARRIAGE.—NotwitlStanding any other provision of this subchapter, any benefit payable under this subchapter to a surviving spouse, former spouse, or surviving former spouse that would otherwise terminate or be lost if the individual remarried before 60 years of age, shall not terminate or be lost if the remarriage occurred on or after November 8, 1984, and the individual was 55 years of age or over on the date of the remarriage.". SEC. 413. LUMP-SUM PAYMENTS.

22 USC 4055. Post, p. 615.

Subsection (a) of section 815 is amended by adding at the end thereof the following: "A participant who becomes subject to subchapter II shall be entitled to payment of the lump-sum credit if, and to the extent that, such lump-sum credit relates to service of a type described in clauses (i) through (iii) of section 802(a)(l)(C) of the Federal Employees' Retirement System Act of 1986.". SEC. 414. EXCLUSION OF PARTICIPANTS IN FOREIGN SERVICE PENSION SYSTEM FROM FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM.

22 USC 4043.

Section 803 is amended— (1) in subsection (a), by striking out "The" and inserting in lieu thereof "Except as provided in subsection (d), the"; and (2) by adding at the end thereof the following: "(d) An individual subject to the Foreign Service Pension System (described in subchapter II) is not a participant in this System.". SEC. 415. FOREIGN SERVICE PENSION SYSTEM.

Chapter 8 of title I (22 U.S.C. 4041 et seq.) is further amended by adding at the end thereof the following:

�


text:
Page:U.S. Department of the Interior Annual Report 1880.djvu/47

Rh cars, 32; baggage, mail, and express, 11; freight and other cars, 1,060. Stock issued, $8,653,500; par value, $100. Funded debt, $20,418,997.68; floating debt, $398,621.43; unpaid interest, $2,122,720; total debt, $22,940,339.11; stock and debt, $31,593,839.11. Cost of road, $28,925,840.90. Passenger earnings, $466,736.78; freight earnings, $2,075,993.44; miscellaneous earnings, $80,536.55; total earnings, $2,623,266.77; operating expenses, $1,542,899.44; net earnings, $1,080,367.33; interest paid, $662,520. Lands unsold (granted by State of Texas), 4,755,862 acres.

From reports made to the Auditor the following figures are obtained: Miles operated, 160.89; miles owned, 711.56; leased to Central Pacific, 550.67 miles; number of locomotives, 48; passenger cars, 77; baggage, mail, and express cars, 14; freight and other cars, 1,156. Stock subscribed, $36,763,900; stock issued, $36,763,900. Funded debt, $28,872,000; floating debt, $554,815.07; accrued interest on funded debt, $219,450; total debt, $29,426,815.07. Stock and debt, $66,410,165.07. Cash, material, and accounts due, $703,872.11. Cost of road, $62,307,813.98; cost of equipment, $1,848,533.51; total cost of road and equipment, $64,156,347.49. Passenger earnings, $399,349.34; freight earnings, $455,382.51; miscellaneous earnings and rent of road, $1,680,149.56; total earnings, $2,534,881.41; operating expenses, including taxes and insurance, $756,683.88; net earnings, $1,778,197.53; interest paid, $1,872,480.39. Lands unsold, 9,240,376 acres.

The entire property of this company has been inspected by the engineer, and is in good condition. A detailed statement of his observations will be found in his report.

The company is constructing at Saint Paul a handsome building to be used as general operating offices, and as soon as the requirements of traffic demand, proposes to build an iron bridge across the Missouri River at Bismarck.

The Auditor calls particular attention to the character of the lands of this company, they being much above the average of those granted the other Pacific railroad companies.

Under the present management the general condition of the company has greatly improved, and vigorous measures have been adopted to push the work to a successful completion.

The following statement is taken from reports furnished by the company:

Average number of miles operated, 781; miles owned, 637.98; stock authorized, $100,000,000; common stock issued, $49,000,000; preferred stock issued, $43,412,645.12; total stock issued, $92,412,645.12. Number


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/651

 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 615

" SUBCHAPTER II—FOREIGN SERVICE PENSION SYSTEM

"SEC. 851. ESTABLISHMENT.—(a) There is hereby established a Foreign Service Pension System. "(b) Except as otherwise specifically provided in this subchapter or any other provision of law, the provisions of chapter 84 of title 5, United States Code, shall apply to all participants in the Foreign Service Pension System and such participants shall be treated in all respects similar to persons whose participation in the Federal Employees' Retirement System provided in that chapter is required. "SEC. 852. DEFINITIONS.—As used in this subchapter, unless otherwise specified— "(1) the term 'court order' has the same meaning given in section 804(4); "(2) the term 'Fund' means the Foreign Service Retirement and Disability Fund maintained by the Secretary of the Treeisury pursuant to section 802; "(3) the term 'normal cost' means the entry-age normal cost of the provisions of the System which relate to the Fund, computed by the Secretary of State in accordance with generally accepted actuarial practice and standards (using dynamic assumptions) and expressed as a level percentage of aggregate basic pay; "(4) the term 'participant' means a person who participates in the Foreign Service Pension System; "(5) the term 'pro rata share' in the case of any former spouse of any participant or former participant means the percentage which is equal to the percentage that (A) the number of years during which the former spouse was married to the participant during the service of the participant which is creditable under this chapter is of (B) the total number of years of such service, disregarding extra credit under section 817; "(6) the term 'supplemental liability' means the estimated excess of— "(A) the actuarial present value of all future benefits payable from the Fund under this subchapter based on the service of participants or former participants, over "(B) the sum of— "(i) the actuarial present value of (I) deductions to be withheld from the future basic pay of participants pursuant to section 856 and (II) contributions for past civilian and military service; "(ii) the actuarial present value of future contributions to be made pursuant to section 857; "(iii) the Fund balance as of the date the supplemental liability is determined, to the extent that such balance is attributable— "(I) to the System, or "(II) to the contributions made under the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 (5 U.S.C. 8331 note); and "(iv) any other appropriate amount, as determined by the Secretary of State in accordance with generally accepted actuarial practices and principles; and "(7) the term 'System' means the Foreign Service Pension System.

22 USC 4071.

Ante, p. 517.

22 USC 407 la. 22 USC 4044.

�