Page:United States Statutes at Large Volume 101 Part 3.djvu/456

 101 STAT. 1754

PUBLIC LAW 100-238—JAN. 8, 1988 mination date during which the annuitant was entitled to an annuity under this subchapter; and "(ii) the average pay which would otherwise be used shall be adjusted to reflect all adjustments made under section 8462(b) with respect to any period (or periods) referred to in clause (i) (without regard to whether the annuitant's annuity was aflected by any of those adjustments).",

(c) METHOD FOR APPLYING COST-OF-LIVING ADJUSTMENTS TO CERTAIN DISABILITY ANNUITY PROVISIONS.— (1) MINIMUM DISABILITY ANNUITY AMOUNT SUBJECT TO ADJUSTMENT AFTER THE FIRST YEAR.—Section 8452 is amended—

(A) by redesignating subsection (d) as subsection (d)(1); and (B) by adding after subsection (d)(1), as so redesignated, the following: "(2) In applying this subsection with respect to any annuitant, the amount of an annuity so computed under section 8415 shall be adjusted under section 8462 (including subsection (c) thereof)— "(A) to the same extent, and otherwise in the same manner, as if it were an annuity— "(i) subject to adjustment under such section; and "(ii) with a commencement date coinciding with the date the annuitant's annuity commenced or was restored under this subchapter, as the case may be; and "(B) whether the amount actually payable to the annuitant under this section in any month is determined under this subsection or otherwise.". (2) DISABILITY ANNUITY COLAS.—

(A) IN GENERAL.—Section 8452(a)(1)(B) of title 5, United States Code, is amended to read as follows: "(B) An annuity computed under this paragraph— "(i) shall not, during any period referred to in subparagraph (A)(i), be adjusted under section 8462; but "(ii) shall, after the end of any period referred to in subparagraph (A)(i), be adjusted to reflect all adjustments made under section 8462(b) after the end of the period referred to in subparagraph (A)(i), whether the amount actually payable to the annuitant under this section in any month is determined under this subsection or otherwise.". (B) CLARIFYING AMENDMENT.—Section 8452(a) of title 5, United States Code, is amended by adding at the end the following: "(3) Section 8462 shall apply with respect to amounts under this subsection only as provided in paragraphs (1) and (2).". 5 USC 8452 note. (d) EFFECTIVE DATE.—The amendments made by this section shall be effective as of January 1, 1987, as if they had been enacted as part of the Federal Employees' Retirement System Act of 1986 (Public Law 99-335; 100 Stat. 514 and following). SEC. 123. CLARIFYING AMENDMENTS RELATING TO FUNDING.

FUND BALANCE.—Section 8331(18) is amended by adding at the end the following: "but does not include any amount attributable to— "(i) the Federal Employees' Retirement System; or "(ii) contributions made under the Federal Employees' Retirement Contribution Temporary Adjustment Act of

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