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.

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