Page:United States Statutes at Large Volume 112 Part 5.djvu/650

 112 STAT. 3408 PUBLIC LAW 105-382—NOV. 13, 1998 "(ii) dies in service after completing at least 20 years of service as a special agent, when an annuity is payable under section 809. "(C) For purposes of subparagraph (B), included with the years of service performed by an individual as a special agent shall be any service performed by such individual as a law enforcement officer (within the meaning of section 8331(20) or section 8401(17) of title 5, United States Code), or a member of the Capitol Police.". (2) SPECIAL RULE FOR SPECIAL AGENTS WITH PRIOR SERVICE UNDER THE FOREIGN SERVICE RETIREMENT AND DISABILITY SYS- TEM OR THE CIVIL SERVICE RETIREMENT SYSTEM.—Section 806(a) of such Act (22 U.S.C. 4046(a)), as amended by paragraph (1), is further amended— (A) by redesignating paragraph (7) (as so redesignated by paragraph (1)) as paragraph (8); and (B) by inserting after paragraph (6) (as added by paragraph (1)) the following: "(7) In the case of a special agent who becomes or became subject to subchapter II— "(A) for purposes of paragraph (6)(B), any service performed by the individual as a special agent (whether under this subchapter or under subchapter II), as a law enforcement officer (within the meaning of section 8331(20) or section 8401(17) of title 5, United States Code), or as a member of the Capitol Police shall be creditable; and "(B) if the individual satisfies paragraph (6)(B), the portion of such individual's annuity which is attributable to service under the Foreign Service Retirement and Disability System or the Civil Service Retirement System shall be computed in conformance with paragraph (6).". (3) TECHNICAL AND CONFORMING AMENDMENTS.— (A) Paragraph (8) of section 806(a) of such Act (22 U.S.C. 4046(a)), as so redesignated by paragraph (2)(A), is amended by striking "and (4)" and inserting "(4), and (6)". (B) Paragraphs (1) and (3) of section 855(b) of such Act (22 U.S.C. 4071d(b)) are each amended by inserting "611," after "608,". SEC. 3. MANDATORY SEPARATION OF SPECIAL AGENTS. The first sentence of section 812(a)(2) of the Foreign Service Act of 1980 (22 U.S.C. 4052(a)(2)) is amended to read as follows: "Notwithstanding paragraph (1)— "(A) an individual described in section 4(a)(2) of the Department of State Specisd Agents Retirement Act of 1998 who is otherwise eligible for immediate retirement under this chapter; or "(B) a Foreign Service criminal investigator/inspector of the Office of Inspector General of the Agency for International Development who would have been eligible for retirement pursuant to either section 8336(c) or 8412(d) of title 5, United States Code, as applicable, had the employee remained in civil service, shall be separated from the Service on the last day of the month in which such individual under subparagraph (A) or such Foreign Service criminal investigator/inspector under subparagraph (B)

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