Page:United States Statutes at Large Volume 102 Part 5.djvu/847

 PRIVATE LAW 100-25—OCT. 28, 1988

102 STAT. 4853

late Neal G. McFarland (Service Number AF 34427284; Social Security Number 425-12-3260) shall be deemed to have, on March 28, 1975— (1) waived entitlement to his military retired pay, (2) elected to receive in lieu thereof a civil service retirement annuity based on his combined military and civilian service, and (3) made any deposit required to be made in order to receive such an annuity. SEC. 2. PAYMENTS. (a) To JOYCE G. MCFARLAND.— (1) MONTHLY PAYMENT OF ANNUITY.—A

survivor annuity payable to Joyce G. McFarland by virtue of section 1 shall commence on the first day of the first calendar month beginning after the date of the enactment of this Act. The initial annuity rate shall be the annuity rate which Joyce G. McFarland would have been entitled to receive had this Act been enacted on April 16, 1975. (2) LUMP SUM PAYMENT.—The Secretary of the Treasury shall

pay to Joyce G. McFarland, out of the Civil Service Retirement and Disability Fund, a lump sum payment— (A) equal to the sum of— (i) the survivor annuity payments which Joyce G. McFarland would have been entitled to receive under chapter 83 of title 5, United States Code, had this Act been enacted on April 16, 1975; and (ii) the civil service retirement annuity payments which would have been payable to Neal G. McFarland based on his service, had this Act been enacted on March 28, 1975; less (B) an amount equal to the sum of— (i) the amount referred to in subsection (b); (ii) an amount equal to any deposit which he would have been required to make in order to have received a civil service retirement annuity based on his combined military and civilian service; (iii) any interest which would have been required to be included with the payment of such deposit by section 8334(j)(2) of title 5, United States Code, had such deposit been made on the date of the enactment of this Act; (iv) the amounts received by Neal G. McFarland under chapter 83 of title 5, United States Code, after March 28, 1975; and (v) the amounts received by Joyce G. McFarland as survivor benefits under chapter 83 of title 5, United States Code, during the period beginning on April 16, 1975, and ending on the last day of the calendar month in which this Act is enacted. (b) To THE SECRETARY OF THE AIR FORCE.—The Secretary of the

Treasury shall pay to the Secretary of the Air Force, out of the Civil Service Retirement and Disability Fund, an amount, which shall be credited to appropriations for retired pay, equal to the retired pay received by Neal G. McFarland from the Department of the Air Force after March 28, 1975.

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