Page:United States Statutes at Large Volume 100 Part 1.djvu/557

 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 521

"(28) the term 'survivor' means an individual entitled to an annuity under subchapter IV of this chapter; "(29) the term 'System' means the Federal Employees' Retirement System described in section 8402(a); "(30) the term 'military reserve technician' means a member of one of the reserve components of the armed forces specified in section 261(a) of title 10 who— "(A) is assigned to a civilian position as a technician in the administration and training of such reserve components or in the maintenance and repair of supplies issued to such reserve components; and "(B) as a condition of employment in such position, is required to be a member of one of such reserve components serving in a specified military grade; and "(31) the term 'military service' means honorable active service— "(A) in the armed forces; "(B) in the commissioned corps of the Public Health Service after June 30, 1960; or "(C) in the commissioned corps of the National Oceanic and Atmospheric Administration, or a predecessor entity in function, after June 30, 1961; but does not include service in the National Guard except when ordered to active duty in the service of the United States. "§ 8402. Federal Employees' Retirement System; exclusions "(a) The provisions of this chapter comprise the Federal Employees' Retirement System. "(b) The provisions of this chapter shall not apply with respect to— "(1) any individual who has performed service of a type described in subparagraph (C), (D), (E), or (F) of section 210(a)(5) of the Social Security Act continuously since December 31, 1983 (determined in accordance with the provisions of section 210(a)(5)(B) of the Social Security Act, relating to continuity of employment); or "(2)(A) any employee or Member who hgis separated from the service after— "(i) having been subject to subchapter III of chapter 83 of this title, or subchapter I of chapter 8 of the Foreign Service Act of 1980; and "(ii) having completed at least 5 years of civilian service creditable under subchapter III of chapter 83 of this title, or at least 5 years of civilian service creditable under subchapter I of the Foreign Service Act of 1980 (determined without regard to any deposit or redeposit requirement under either such subchapter, or any requirement that the individual become subject to either such subchapter after performing the service involved); or "(B) any employee having at least 5 years of civilian service performed before January 1, 1987, creditable under subchapter III of chapter 83 of this title (determined without regard to any deposit or redeposit requirement under such subchapter, any requirement that the individual become subject to such subchapter after performing the service involved, or any requirement that the individual give notice in writing to the official by

5 USC 8402.

42 USC 4io.

Post, pp. 589, ^^\-f^^22 USC 4041.

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