Page:United States Statutes at Large Volume 100 Part 1.djvu/558

 100 STAT. 522

PUBLIC LAW 99-335—JUNE 6, 1986

whom such individual is paid of such individual's desire to become subject to such subchapter); except to the extent provided for under title III of the Federal Employees' Retirement System Act of 1986 pursuant to an election under such title to become subject to this chapter. "(c)(1) The Office may exclude from the operation of this chapter an employee or group of employees in or under an Executive agency, the United States Postal Service, or the Postal Rate Commission, whose employment is temporary or intermittent, except an employee whose employment is part-time career employment (as defined in section 3401(2)). "(2) The Architect of the Capitol may exclude from the operation of this chapter an employee under the Office of the Architect of the Capitol whose employment is temporary or of uncertain duration. "(3) The Librarian of Congress may exclude from the operation of this chapter an employee under the Library of Congress whose employment is temporary or of uncertain duration. "(4) The Director or Acting Director of the Botanic Garden may exclude from the operation of this chapter an employee under the Botanic Garden whose employment is temporary or of uncertain duration. 5 USC 8403 42 USC 1305.

"§ 8403. Relationship to the Social Security Act "Except as otherwise provided in this chapter, the benefits payable under the System are in addition to the benefits payable under the Social Security Act. "SUBCHAPTER II—BASIC ANNUITY

5 USC 8410.

5 USC 8411.

"§ 8410. Eligibility for annuity "Notwithstanding any other provision of this chapter, an employee or Member must complete at least 5 years of civilian service creditable under section 8411 in order to be eligible for an annuity under this subchapter.

"§ 8411. Creditable service "(a)(1) The total service of an employee or Member is the full years and twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any. "(2) Credit may not be allowed for a period of separation from the service in excess of 3 calendar days. "(b) For the purpose of this chapter, creditable service of an employee or Member includes— "(1) employment as an employee, and any service as a Member (including the period from the date of the beginning of the term for which elected or appointed to the date of taking office as a Member), after December 31, 1986; "(2) service with respect to which deductions and withholdings under section 204(a)(l) of the Federal Employees' 5 USC 8331 note. Retirement Contribution Temporary Adjustment Act of 1983 have been made; "(3) except as provided in subsection (f), any civilian service (performed before January 1, 1989, other than any service under paragraph (1) or (2)) which, but for the amendments made by subsections (a)(4) and (b) of section 202 of the Federal Employees' Retirement System Act of 1986, would be creditable

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