Page:United States Statutes at Large Volume 104 Part 2.djvu/747

 PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-339 fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c);". (2) Section 8461 of title 5, United States Code, is amended by adding at the end the following: "(n)(1) Under regulations prescribed by the Office, an employee of the Department of Defense or the Coast Guard who— "(A) has not previously made or had an opportunity to make an election under this subsection; "(B) has 5 or more years of civilian service creditable under this chapter; and "(C) moves, without a break in service of more than 3 days, to employment in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard, respectively, described in section 2105(c), shall be given the opportunity to elect irrevocably, within 30 days after such move, to remain covered as an employee under this chapter during any employment described in section 2105(c) after such move. "(2) Under regulations prescribed by the Office, an employee of a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c), who— "(A) has not previously made or had an opportunity to make an election under this subsection; "(B) is a vested participant in a retirement system established for employees described in section 2105(c), as the term 'vested participant' is defined by such system; "(C) moves, without a break in service of more than 3 days, to a position in the Department of Defense or the Coast Guard, respectively, that is not described by section 2105(c); and "(D) is not eligible to make an election under section 8347(p), shall be given the opportunity to elect irrevocably, within 30 days after such move, to remain covered, during any subsequent employ- ment as an employee as defined by section 2105(a) or section 2105(c), by the retirement system applicable to such employee's current or most recent employment described by section 2105(c) rather than be subject to this chapter.". (1) AMENDMENTS RELATING TO HEALTH BENEFITS.— Section 8901(3)(A) of title 5, United States Code, is amended— (1) by striking "or" at the end of clause (ii); (2) by inserting "or" after the semicolon at the end of clause (iii); and (3) by inserting after clause (iii) the following: "(iv) on an immediate annuity under a retirement system established for employees described in section 2105(c), in the case of an individual who elected under section 8347(p)(2) or 8461(n)(2) to remain subject to such a system;", (m) APPLICABILITY.— (1) The amendments made by this section 5 USC 2105 note, shall apply with respect to any individusil who, on or after January 1, 1987— (A) moves without a break in service of more than 3 days from employment in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard that is described in section 2105(c) of title 5, United States Code, to employment in the Department of Defense or the Coast Guard, respectively, that is not described in such section 2105(c); or

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