Page:United States Statutes at Large Volume 100 Part 1.djvu/559

 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 523

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 whom such individual is paid of such individual's desire to become subject to such subchapter); and "(4) a period of service (other than any service under any of the preceding provisions of this subsection and other than any military service) that was creditable under the Foreign Service Pension System described in subchapter II of chapter 8 of the Foreign Service Act of 1980, if the employee or Member waives credit for such service under the Foreign Service Pension System and makes a payment to the Fund equal to the amount that would hdve been deducted from pay under section 8422(a) had the employee been subject to tnis chapter during such period of service (together with interest on such amount computed under paragraphs (2) and (3) of section 8334(e)). "(c)(1) Except as provided in paragraph (2) or (3), an employee or Member shall be allowed credit for— "(A) each period of military service performed before January 1, 1957; and "(B) each period of military service performed after December 31, 1956, and before the separation on which title to annuity is based, if a deposit (including interest, if any) is made with respect to such period in accordance with section 8422(e). "(2) If an employee or Member is awarded retired pay based on any period of military service, the service of the employee or Member may not include credit for such period of military service unless the retired pay is awarded— "(A) based on a service-connected disability— "(i) incurred in combat with an enemy of the United States; or "(ii) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by section 301 of title 38; or "(B) under chapter 67 of title 10. "(3) An employee or Member who has made a deposit under section 8334(j) (or a similar prior provision of law) with respect to a period of military service, and who has not taken a refund of such deposit— "(A) shall be allowed credit for such service without regard to the deposit requirement under paragraph (1)(B); and "(B) shall be entitled, upon filing appropriate application therefor with the Office, to a refund equal to the difference between— "(i) the amount deposited with respect to such period under such section 8334(j) (or prior provision), excluding interest; and "(ii) the amount which would otherwise have been required with respect to such period under paragraph (I)(B). "(d) Credit under this chapter shall be allowed for leaves of absence without pay granted an employee while performing military service, or while receiving benefits under subchapter I of chapter 81. An employee or former employee who returns to duty after a period of separation is deemed, for the purpose of this subsection, to have been on leave of absence without pay for that

Post, pp. 589, 591-593.

22 USC 3901.

lo use I33i etseq.

5 USC 8101.

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