Page:United States Statutes at Large Volume 110 Part 1.djvu/459

 PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 435 out this section and the amendments made by this section, including regulations to provide for the notification of individuals who may be affected by the enactment of this section. All regulations (and Effective date. modifications to regulations) under the preceding sentence shall take effect on the same date. (c) APPLICABILITY; RELATED PROVISIONS. — 5 USC 8347 note. (1) PROSPECTIVE RULES.— Except as otherwise provided in this subsection, the amendments made by this section shall apply with respect to moves occurring on or after the effective date of the regulations under subsection (b). Moves occurring on or after the date of the enactment of this Act and before the effective date of such regulations shall be subject to applicable provisions of title 5, United States Code, disregarding the amendments made by this section, except that any individual making an election pursuant to this sentence shall be ineligible to make an election otherwise allowable under paragraph (2). (2) RETROACTIVE RULES.— (A) IN GENERAL.— The regulations under subsection (b) shall include provisions for the application of sections 8347(q) and 846l(n) of title 5, United States Code, as amended by this section, with respect to any individual who, at any time after December 31, 1965, and before the effective date of such regulations, moved between positions in circumstances that would have qualified such individual to make an election under the provisions of such section 8347(q) or 846l(n), as so amended, if such provisions had then been in effect. (B) DEADLINE; RELATED PROVISIONS. —An election pursuant to this paragraph— (i) shall be made within 1 year after the effective date of the regulations under subsection (b), and (ii) shall have the same force and effect as if it had been timely made at the time of the move, except that no such election may be made by any individual— (I) who has previously made, or had an opportunity to make, an election under section 8347(q) or 846l(n) of title 5, United States Code (as in effect before being amended by this section); however, this subclause shall not be considered to render an individual ineligible, based on an opportunity arising out of a move occurring during the period described in the second sentence of paragraph (1), if no election has in fact been made by such individual based on such move; (II) who has not, since the move on which eligibility for the election is based, remained continuously subject (disregarding any break in service of less than 3 days) to CSRS or FERS or both seriatim (if the move was from a NAFI position) or any retirement system (or 2 or more such systems seriatim) established for employees described in section 2105(c) of such title (if the move was to a NAFI position); or (III) if such election would be based on a move to the Civil Service Retirement System from a retirement system established for employees described in section 2105(c) of such title.

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