Page:United States Statutes at Large Volume 102 Part 1.djvu/864

 102 STAT. 826

PUBLIC LAW 100-366—JULY 13, 1988

Public Law 100-366 100th Congress An Act July 13, 1988 [S. 2188]

To amend section 307 of the Federal Employees' Retirement System Act of 1986.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. USE OF "NORMALCOST PERCENTAGE".

Section 307 of the Federal Employees' Retirement System Act of 5 USC 8401 note. 1986 (Public Law 99-335; 100 Stat. 607) is amended to read as follows: "SEC. 307. USE OF NORMAL-COST PERCENTAGE'.

Contracts.

"Notwithstanding any other provision of law, the normal-cost percentage (as defined by section 8401(23) of title 5, United States Code, as added by this Act) of the Federal Employees' Retirement System shall be used to value the cost of such System to the Civil Service Retirement and Disability Fund for all purposes in which the cost of the System is required to be determined by the Federal Government. For any comparisons between the cost of performing commercial activities under the contract with commercial sources and the cost of performing such activities using Government facilities and personnel, the cost of the System shall include the cost of such System to the Civil Service Retirement and Disability Fund as specified in the preceding sentence, the cost of the thrift savings plan under subchapter III of chapter 84 of title 5, United States Code, and the cost of social security.". SEC. 2. TECHNICAL AMENDMENT TO SECTION 8438 OF TITLE 5, UNITED STATES CODE.

(a) AMENDMENT.—Section 8438(e)(3)(A) of title 5, United States Code, is amended by striking "and the earnings attributable to the investment of such sums". Effective date. (b) APPLICABILITY.—The amendment made by subsection (a) shall 5 USC 8438 note. apply with respect to earnings attributable to contributions made to the Thrift Savings Fund on or after April 1, 1987. SEC. 3. TECHNICAL AMENDMENT TO SECTION 8477 OF TITLE 5, UNITED STATES CODE. (a) AMENDMENT.—Section 8477(e) of title 5, United States Code, is amended— (1) in paragraph (3)(C)(ii)— (A) by striking "28, i f and inserting "28, provided that"; and (B) by striking "is exclusive o f and inserting "shall be exclusive of; and (2) in paragraph (5), by striking "paragraphs (3) and (4)" and inserting "paragraph (3)". Effective date. (b) APPLICABILITY.—Section 8477(e) of title 5, United States Code, 5 USC 8477 note, as amended by subsection (a), shall apply to any civil action or

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