Page:United States Statutes at Large Volume 101 Part 3.djvu/448

 101 STAT. 1746

PUBLIC LAW 100-238—JAN. 8, 1988

SEC. 104. MILITARY SERVICE DEPOSITS BY SURVIVORS.

(a) Section 8422(e) is amended by adding at the end the following: "(5) For the purpose of survivor annuities, deposits authorized by this subsection may also be made by a survivor of an employee or Member.". (b) Section 8411(c)(4)(A) is amended by striking "subsection (fK4)" and inserting in lieu thereof "section 8422(e)(5)". SEC. 105. DEPOSITS AND REFUNDS RELATING TO CERTAIN SERVICE UNDER THE CIVIL SERVICE RETIREMENT SYSTEM. (a) DEPOSIT FOR SERVICE COVERED BY REFUND PERMITTED ONLY I F REFUND WAS PURSUANT TO APPLICATION FILED BEFORE BECOMING SUBJECT TO FERS.—Section 8411(f)(1) is amended by adding at the

end the following: "A deposit under this paragraph may be made only with respect to a refund received pursuant to an application filed with the Office before the date on which the employee or Member first becomes subject to this chapter.". (b) LUMP-SUM CREDIT FOR CERTAIN C S R S SERVICE SOUGHT AFTER BECOMING SUBJECT TO FERS Is PAYABLE TO THE EXTENT THAT IT EXCEEDS 1.3 PERCENT OF BASIC PAY.—The last sentence of section

8342(a), as added by section 207(h) of the Federal Employees' Retirement System Act of 1986 (Public Law 99-335; 100 Stat. 596) is amended to read as follows: "In applying this subsection to an employee or Member who becomes subject to chapter 84 (other than by an election under title III of the Federal Employees' Retirement System Act of 1986) and who, while subject to such chapter, files an application with the Office for a payment under this subsection— "(i) entitlement to payment of the lump-sum credit shall be determined without regard to paragraph (1) or (3) if, or to the extent that, such lump-sum credit relates to service of a type described in clauses (i) through (iii) of section 302(a)(1)(C) of the Federal Employees' Retirement System Act of 1986; and "(ii) if, or to the extent that, the lump-sum credit so relates to service of a type referred to in clause (i), it shall (notwithstanding section 8331(8)) consist of— "(I) the amount by which any unrefunded amount described in section 8331(8)(A) or (B) relating to such service, exceeds 1.3 percent of basic pay for such service; and "(II) interest on the amount payable under subclause (I), computed in a manner consistent with applicable provisions of section 8331(8).". SEC. 106. OPTION FOR CERTAIN EMPLOYEES TO ELECT FERS COVERAGE.

Section 301(a) of the Federal Employees' Retirement System Act 5 USC 8331 note, of 1986 (Public Law 99-335; 100 Stat. 599) is amended by adding at the end the following: "(3)(A) Except as provided in subparagraph (B), any individual— "(i) who is excluded from the operation of subchapter III of chapter 83 of title 5, United States Code, under subsection (g), (i), (j), or (1) of section 8347 of such title, and "(ii) with respect to whom chapter 84 of title 5, United States Code, does not apply because of section 8402(b)(2) of such title, shall, for purposes of an election under paragraph (1) or (2), be treated as if such individual were subject to subchapter III of chapter 83 of title 5, United States Code. "(B) An election under this paragraph may not be made by any individual who would be excluded from the operation of chapter 84

�