Page:United States Statutes at Large Volume 100 Part 4.djvu/209

 PUBLIC LAW 99-556—OCT. 27, 1986

100 STAT. 3137

"(3)(A) The sum of— "(i) the total annuity payable under this chapter to an annuitant making an election under paragraph (1), and "(ii) the annual rate of pay payable to the annuitant during the part-time, intermittent, or temporary employment referred to in paragraph (1), may not exceed, in any calendar year, the amount described in subparagraph (B). "(B) The amount referred to in subparagraph (A) is the greater of— "(i) the highest annual rate of basic pay which is payable during such year for full-time employment in the position in which the annuitant is employed, or "(ii) the basic pay the annuitant was entitled to receive under this Act on the date of retirement from the Service. "(C) For purposes of this section, the term 'annuity' means the annuity earned by the reemployed member based on his or her service irrespective of whether or not the amount payable is reduced by the amount of an annuity payable under section 814 or 820(b).". SEC. 404. THRIFT SAVINGS FUND PARTICIPATION BY FSRDS PARTICIPANTS.

(a) PARTICIPATION BY FSRDS PARTICIPANTS.—Subchapter I of chapter 8 is amended by adding after section 828 the following new section: "SEC. 829. THRIFT SAVINGS FUND PARTICIPATION.—Participants in this System shall be deemed to be employees for the purposes of section 8351 of title 5, United States Code. Any reference in such section 8351 or in subchapter III of chapter 84 of such title 5 to retirement or separation under subchapter III of chapter 83 or chapter 84 of such title 5 shall be deemed to be references to retirement or separation under subchapter I or II of this chapter with similar benefits or entitlements with respect to participants under such subchapter I or II, respectively.". (b) CONFORMING AMENDMENT TO TABLE OF CONTENTS.—The table of contents in section 2 of such Act is amended by inserting after the item relating to section 828 the following: "Sec. 829. Thrift Savings Fund participation.". SEC. 405. CREDITABLE SERVICE. (a) TREATMENT OF CONTRIBUTION FOR PRIOR SERVICE.—Subsection

(d) of section 854 (22 U.S.C. 4071c) is amended by striking out "which would have been deducted from pay under section 854(a) had the individual been a participant" and inserting in lieu thereof "which was deducted and withheld from the individual's basic pay under the other retirement system". (b) EMPLOYEE OF A MEMBER OR OFFICE OF THE CONGRESS.—Section

854 (22 U.S.C. 4071c) is amended by adding at the end thereof the following new subsection: "(e) A participant who, while on approved leave without pay, serves as a full-time paid employee of a Member or office of the Congress shall continue to make contributions to the Fund based upon the Foreign Service salary rate that would be in effect if the participant were in a pay status. The participant's employing Member or office in the Congress shall make a matching contribu-

22 USC 4069. 5 USC 8431 et I^S'-op, g„„. ^^^ *^^^^ ^'

seq.

�