Page:United States Statutes at Large Volume 100 Part 4.djvu/210

 100 STAT. 3138

PUBLIC LAW 99-556—OCT. 27, 1986

tion (from the appropriation or fund which is used for payment of the salary of the participant) to the Treasury of the United States to the credit of the Fund. AH periods of service for which full contributions to the Fund are made under this subsection shall be counted as creditable service for purposes of this subchapter and shall not, unless all retirement credit is transferred, be counted as creditable service under any other Government retirement system.". SEC. 406. ENTITLEMENT TO ANNUITY. (a) SERVICE AS A NONCAREER MEMBER OF THE FOREIGN SERVICE.—

Paragraph (1) of section 855(b) (22 U.S.C. 4071d) is amended by striking out "of service subject to this chapter" and inserting in lieu thereof "as a member of the Foreign Service". (b) CLARIFICATION OF RATES APPLICABLE TO ANNUITY COMPUTA-

TION.—Paragraph (2) of section 855(b) (22 U.S.C. 4071d(b)) is amended by striking out subparagraphs (A), (B), and (C) and inserting in lieu thereof the following: "(A) in accordance with section 8415(d)(1) of title 5, • «• United States Code, fDr all service while a participant in ,,,,|v this System and for prior service creditable under this subchapter not otherwise counted as— (i) a member of the Service, "(ii) an employee of the Central Intelligence Agency entitled to retirement credit under title II of the Central Intelligence Agency Retirement Act of 1964 for [">'• " Certain Employees or under section 302(a) or 303(b) of 50 USC 403 note. that Act, or -" "(iii) a participant as a Member of Congress, a congressional employee, law enforcement officer, firefighter, or air traffic controller in the Civil Service Retirement System under subchapter III of chapter 83, 5 USC 8331 et title 5, United States Code, or in the Federal Employseq. ees' Retirement System under chapter 84 of title 5, ,^ United States Code; and ^".*. ' "(B) at the rate stated in section 8415(a) of title 5, United States Code, for all other service creditable under this System including service in excess of 20 years otherwise creditable under paragraph (A).". (c) CLARIFICATION OF OTHER ANNUITY COMPUTATIONS RELATING TO INVOLUNTARY SEPARATION, DISABILITY, DEFERRED ANNUITY, AND SURVIVOR ANNUITY.—Subsection (b) of section 855 (22 U.S.C. 4071d)

is amended by adding at the end thereof the following: "(3) Any participant who is involuntarily retired or separated under section 607, 608, or 610 and who would if a participant under subchapter I, become eligible for a refund of contributions or a deferred annuity under subchapter I, shall, in lieu thereof, receive benefits for an involuntary separation under this subchapter. "(4) A disability annuity under this subchapter required to be redetermined under section 8452(b) of title 5, United States Code, or computed under section 8452(c) or (d) of such title 5, shall be recomputed or computed using the formula in subsection (b)(2)(A) of this section rather than section 8415 of such title 5 (as stated in section 8452(b)(2)(A) and 8452 (c) and (d) of such title). Such annuity shall also be computed in accordance with the preceding sentence if, as of the day on which such annuity commences or is restored, the annuitant satisfies the age and service requirements for entitlement to an immediate annuity under section 811 of this Act.

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