Page:United States Statutes at Large Volume 102 Part 4.djvu/820

 102 STAT. 3790

26 USC 3121 "*'*®'

PUBLIC LAW 100-647—NOV. 10, 1988

ber 31, 1988, to the extent that such pajTnents are not for coverage for any such employee for any period for which such employee is employed by such employer (or a successor of such employer) after the date of such separation.". (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply as if such amendment had been included or reflected in section 9003(b) of the Omnibus Budget Reconciliation Act of 1987 at the time of its enactment. SEC. 8014. CLARIFICATION OF APPLICABILITY OF GOVERNMENT PENSION OFFSET TO CERTAIN FEDERAL EMPLOYEES. (a) CLARIFICATION OF TREATMENT OF FOREIGN SERVICE RETIREES.—

Subsections (b)(4)(A)(ii)(II), (c)(2)(A)(ii)(II), (e)(7)(A)(iiXII), (fK2)(A)(iiXn), and (g)(4)(A)(iiXn) of section 202 of the Social Security Act (42 U.S.C. 402 (b)(4)(A)(ii)(n), (c)(2)(A)(iiXII), (e)(7)(A)(iiXII), (f)(2)(A)(iiXII), (g)(4)(A)(iiXII)) are each amended by striking "chapter 84 of title 5, United States Code," and inserting "the Federal Employees' Retirement System provided in chapter 84 of title 5, United States Code, or the Foreign Service Pension System provided in subchapter II of chapter 8 of title I of the Foreign Service Act of 1980". 42 USC 402 note.

(b) TREATMENT OF EMPLOYEES W H O S E FEDERAL EMPLOYMENT TERMINATED AFTER MAKING AN ELECTION INTO SOCIAL SECURITY COVERAGE BUT BEFORE THE EFFECTIVE DATE OF THE ELECTION.—

Subsections (b)(4)(A)(i), (c)(2)(A)(i), (e)(7)(A)(i), (fK2)(A)(i), and (g)(4)(A)(i) of section 202 of the Social Security Act (42 U.S.C. 402 (b)(4)(A)(i), (c)(2)(A)(i), (e)(7)(A)(i), (f)(2)(A)(i), (g)(4)(A)(i)) shall not apply with respect to monthly periodic benefits of any individual based solely on service which was performed while in the service of the Federal Government if— (1) such person made, before January 1, 1988, an election pursuant to law to become subject to the Federal Employees' Retirement System provided in chapter 84 of title 5, United States Code, or the Foreign Service Pension System provided in subchapter II of chapter 8 of title I of the Foreign Service Act of 1980 (or such person made such an election on or after January 1, 1988, and before July 1, 1988, pursuant to regulations of the Office of Personnel Management relating to belated elections and correction of administrative errors (5 CFR 846.204) as in effect on the date of the enactment of this Act), and (2) such service terminated before the date on which such election became effective. 42 USC 402 note. (c) EFFECTIVE DATE.—The preceding provisions of this section (including the amendments made by subsection (a)) shall apply as if they had been included or reflected in the provisions of section 9007 of the Omnibus Budget Reconciliation Act of 1987 (101 Stat. 1330289) at the time of its enactment. SEC. 8015. AMENDMENTS TO RULES GOVERNING SOCIAL SECURITY COVERAGE OF FEDERAL EMPLOYMENT. (a) CLARIFICATION OF AUTHORITY TO MAKE DETERMINATIONS CONCERNING THE SOCIAL SECURITY COVERAGE OF FEDERAL E M PLOYEES.— (1) AMENDMENTS TO THE SOCIAL SECURITY ACT.—Section

205(p)(l) of the Social Security Act (42 U.S.C. 405(p)(l)) is amended—

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