Page:United States Statutes at Large Volume 101 Part 3.djvu/464

 101 STAT. 1762

PUBLIC LAW 100-238—JAN. 8, 1988

tions, such provisions shall not apply to claims based upon an alleged violation of subsection (b) or (c). Claims. "(E) For the purposes of paragraph (3)(C)(ii) the provisions of sections 2680(h) of title 28 shall not apply to any claim based upon an alleged violation of subsection (b) or (c). Claims. "(F) Notwithstanding sections 1346(b) and 2671 through 2680 of title 28, whenever an award, compromise, or settlement is made under such sections upon any claim based upon an alleged violation of subsection (b) or (c), payment of such award, compromise, or settlement shall be made to the appropriate account within the Thrift Savings Fund, or where there is no such appropriate account, to the participant or beneficiary bringing the claim. "(G) For purposes of paragraph (3)(C)(ii), fiduciary includes only the Members of the Board and the Board's Executive Director. "(5) Any relief awarded against a Member of the Board or the Executive Director of the Board in a civil action authorized by paragraphs (3) and (4) may not include any monetary damages or any other recovery of money. "(6) An action may not be commenced under paragraph (3)(A) or (B) with respect to a fiduciary's breach of any responsibility, duty, or obligation under subsection (b) or a violation of subsection (c) after the earlier of— "(A) 6 years after (i) the date of the last action which constituted a part of the breach or violation, or (ii) in the case of an omission, the latest date on which the fiduciary could have cured the breach or violation; or Fraud. "(B) 3 years after the earliest date on which the plaintiff had actual knowledge of the breach or violation, except that, in the case of fraud or concealment, such action may be commenced not later than 6 years after the date of discovery of such breach or violation,". 5 USC 8477 note. (b) EFFECTIVE DATE.—The provisions of section 8477(e)(1), (2), (3), (4), (5), and (6) of title 5, United States Code (as amended by subsection (a) of this section), shall apply to any civil action or proceeding arising from any act or omission occurring on or after October 1, 1986. 5 USC 8477 and (c) REPEAL.—The provisions of subsection (a) (and the amendments note. to section 8477(e) of title 5, United States Code, contained therein) and subsection Ob) of this section are repealed effective on December 31, 1990. On and after December 31, 1990, the provisions of section 8477(e) of title 5, United States Code, shall be in effect as such provisions were in effect on the date immediately preceding the date of enactment of this section. SEC. 134. AMENDMENTS CONCERNING REEMPLOYED ANNUITANTS. (a) AMENDMENT TO CHAPTER 84 OF TITLE 5, UNITED STATES CODE.—

Section 8468 is amended to read as follows: 5 USC 8468.

"§ 8468. Annuities and pay on reemployment "(a) If an annuitant, except a disability annuitant whose annuity is terminated because of the annuitant's recovery or restoration of earning capacity, becomes employed in an appointive or elective position, an amount equal to the annuity allocable to the period of actual employment shall be deducted from the annuitant's pay, except for lump-sum leave payment purposes under section 5551. Unless the annuitant's appointment is on an intermittent basis or is to a position as a justice or judge (as defined by section 451 of title

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