Page:United States Statutes at Large Volume 100 Part 1.djvu/652

 100 STAT. 616

PUBLIC LAW 99-335—JUNE 6, 1986

"SEC. 853. PARTICIPANTS.—(a) Except for persons excluded by subsection (b), (c), or (d), all members of the Foreign Service, any of whose service after December 31, 1983, is employment for the 42 USC 401. purpose of title II of the Social Security Act and chapter 21 of the 26 USC 3101 Internal Revenue Code of 1954, who would, but for this section, be et seq. participants in the Foreign Service Retirement and Disability System pursuant to section 803 shall instead be participants in the Ante, p. 614. Foreign Service Pension System. "(b) Members of the Service who were participants in the Foreign Service Retirement and Disability System on or before December 31, 1983, and who have not had a break in service in excess of one year since that date, are not made participants in the System by this section, without regard to whether they are subject to title II of the Social Security Act. "(c) Individuals who become members of the Service after having completed at least 5 years of civilian service creditable under subAnte, pp. 589, chapter I, subchapter III of chapter 83 of title 5, United States Code 591-593. (the Civil Service Retirement System), or title II of the Central 5 USC 403 note. Intelligence Agency Retirement Act of 1964 for Certain Employees (determined without regard to any deposit or redeposit requirement under any such subchapter or title, any requirement that the individual become subject to such subchapter or title 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 or title) are not participants in the System, 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 subchapter (under regulations issued by the Secretary of State pursuant to section 860), "(d) The Secretary may exclude from the operation of this subchapter any member of the Foreign Service, or group of members, whose employment is temporary or intermittent, except a member whose employment is part-time career appointment or career candidate appointment under section 306. 22 USC 3946. 22 USC 4071c. "SEC. 854. CREDITABLE SERVICE.—(a) For purposes of this subchapter, creditable service of a participant includes— "(1) service as a participant after December 31, 1986; "(2) service with respect to which deductions and withholdings under section 204(a)(2) of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 5 USC 8331 note. have been made; and "(3) except as provided in subsection (b), any civilian service performed before January 1, 1989 (other than service under paragraph (1) or (2)), which, but for the amendment made by section 414 of the Federal Employees' Retirement System Act of 1986, would be creditable under subchapter I (determined without regard to any deposit or redeposit requirement under such subchapter, subchapter III of chapter 83 of title 5, United States Code (the Civil Service Retirement System), or title II of the Central Intelligence Agency Retirement Act of 1964 for Certain 5 USC 403 note. Employees, any requirement that the individual become subject to such subchapter or title 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 or title). 22 USC 4071b.

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