Page:United States Statutes at Large Volume 114 Part 1.djvu/810

 114 STAT. 774 PUBLIC LAW 106-265—SEPT. 19, 2000 Savings Fund made during the period of FERS coverage (and earnings on such contributions) may remain in the Thrift Savings Fund in accordance with regulations prescribed by the Executive Director, notwithstanding any limit under title 5, United States Code, that would otherwise be applicable. (B) PREVIOUS SETTLEMENT PAYMENT.—An individual who previously received a payment ordered by a court or provided as a settlement of claim for losses resulting from a retirement coverage error shall not be entitled to make an election under this subsection unless that amount is waived in whole or in part under section 2208, and any amount not waived is repaid. (C) INELIGIBILITY FOR ELECTION.— An individual who, subsequent to correction of the retirement coverage error, received a refund of retirement deductions under section 8424 of title 5, United States Code, or a distribution under section 8433(b), (c), or (h)(1)(A) of title 5, United States Code, may not make an election under this subsection. (3) CORRECTIVE ACTION TO REMAIN IN EFFECT. —I f an individual is ineligible to make an election or does not make an election under paragraph (2) before the end of any time limitation under this subsection, the corrective action taken before such time limitation shall remain in effect. 5 USC 8331 note. SEC. 2102. ANNUITANTS AND SURVIVORS. (a) IN GENERAL.— T h is section shall apply in the case of an individual who is— (1) an annuitant who should have been FERS covered but, as a result of a retirement coverage error, was CSRS covered or CSRS-Offset covered instead; or (2) a survivor of an employee who should have been FERS covered but, as a result of a retirement coverage error, was CSRS covered or CSRS-Offset covered instead. (b) COVERAGE.— DeadHne. (1) ELECTION.— Not later than 180 days after the date Regulations. of the enactment of this Act, the Office shall prescribe regulations authorizing an individual described under subsection (a) to elect CSRS-Offset coverage or FERS coverage, effective as of the date of the retirement coverage error. Deadline. (2) TiME LIMITATION.— An election under this subsection shall be made not later than 18 months after the effective date of the regulations prescribed under paragraph (1). (3) REDUCED ANNUITY. — Regulations. (A) AMOUNT IN ACCOUNT.— If the individual elects CSRS-Offset coverage, the amount in the employee's Thrift Savings Fund account under subchapter III of chapter 84 of title 5, United States Code, on the date of retirement that represents the Government's contributions and earnings on those contributions (whether or not such amount was subsequently distributed from the Thrift Savings Fund) will form the basis for a reduction in the individual's annuity, under regulations prescribed by the Office. (B) REDUCTION.— The reduced annuity to which the individual is entitled shall be equal to an amount which, when taken together with the amount referred to in

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