Page:United States Statutes at Large Volume 101 Part 3.djvu/460

 101 STAT. 1758

PUBLIC LAW 100-238—JAN. 8, 1988 (A) in the first sentence, by striking "chapter 83 of title 5" and inserting in lieu thereof "chapter 83 or 84 of title 5, as the case may be"; (B) in the second sentence, by striking "section 8331(4)" and all that follows thereafter through "; or" and inserting in lieu thereof the following: "section 8331(4) or 8401(3) of such title (as applicable) only— "(A) for the purposes of computing benefits paid under section 8337, 8341 (d) or (e), 8442(b), 8443, or 8451 of such title; or"; and (C) in subparagraph (B), by inserting " i f at the beginning thereof.

SEC. 127. APPLICATION DEADLINE FOR CERTAIN FORMER SPOUSES.

Section 4(b)(1)(B) of the Civil Service Retirement Spouse Equity Act of 1984 (Public Law 98-615; 98 Stat. 3205), as amended by section 201(b)(1)(C) of the Federal Employees Benefits Improvement Act of 5 USC 8341 note. 1986 (Public Law 99-251; 100 Stat. 22), is amended— (1) in clause (i), by inserting ", and before May 8, 1987" before the semicolon; and (2) by amending clause (iv) to read as follows: "(iv) the former spouse files an application for the survivor annuity with the Office on or before May 7, 1989; and"; and (3) by amending clause (v) by striking out "at the time of filing such application and inserting in lieu thereof "on May 7, 1987". 5 USC 8334 note.

SEC. 128. REFUNDS OF CERTAIN EXCESS DEDUCTIONS TAKEN AFTER 1983 TO OFFSET EMPLOYEES UNDER THE CIVIL SERVICE RETIREMENT SYSTEM.

(a) REFUND ELIGIBILITY.—An individual shall upon written application to the Office of Personnel Management, receive a refund under subsection (b), if such individual— (1) was subject to section 8334(a)(1) of title 5, United States Code, for any period of service after December 31, 1983, because of an election under section 208(a)(1)(B) of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 (97 Stat. 1107; 5 U.S.C. 8331 note); (2) is not eligible to make an election under section 301(b) of the Federal Employees' Retirement System Act of 1986 (Public Law 99-335; 100 Stat. 599); and (3) becomes subject to section 8334(k) of title 5, United States Code. Ob) REFUND COMPUTATION.—An individual eligible for a refund under subsection (a) shall receive a refund— (1) for the period beginning on January 1, 1984, and ending on December 31, 1986, for the amount by which— (A) the total amount deducted from such individual's basic pay under section 8334(a)(1) of title 5, United States Code, for service described in subsection (a)(1) of this section, exceeds (B) 1.3 percent of such individual's total basic pay for such period; and (2) for the period beginning on January 1, 1987, and ending on the day before such individual becomes subject to section 8334(k) of title 5, United States Code, for the amount by which—

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