Page:United States Statutes at Large Volume 115 Part 2.djvu/1069

 PUBLIC LAW 107-110—JAN. 8, 2002 115 STAT. 2053 "(1) ELECTION OF EMPLOYEE. — "(A) IN GENERAL. — Notwithstanding any other provision of law, including laws relating to dual compensation, the Secretary, at the election of the employee, shall prorate the salary of an employee employed in an education position for the academic school year over the entire 12-month period. "(B) ELECTION.— Each educator employed for the academic school year shall annually elect to be paid on a 12-month basis or for those months while school is in session. "(C) NO LOSS OF PAY OR BENEFITS.— No educator shall suffer a loss of pay or benefits, including benefits under unemployment or other Federal or federally assisted programs, because of such election. "(2) CHANGE OF ELECTION. —During the course of such year the employee may change election once. "(3) LUMP SUM PAYMENT.—That portion of the employee's pay which would be paid between academic school years may be paid in a lump sum at the election of the employee. "(4) NONAPPLICABILITY.—Th is subsection applies to those individuals employed under the provisions of section 1132 of this title or title 5, United States Code. "(5) DEFINITIONS.— For purposes of this subsection, the terms 'educator' and 'education position' have the meanings contained in paragraphs (1) and (2) of subsection (o). " (n) EXTRACURRICULAR ACTIVITIES.— "(1) STIPEND. — "(A) IN GENERAL. — Notwithstanding any other provision of law, the Secretary may provide, for each Bureau area, a stipend in lieu of overtime premium pay or compensatory time off. "(B) PROVISION TO EMPLOYEES. —Any employee of the Bureau who performs additional activities to provide services to students or otherwise support the school's academic and social programs may elect to be compensated for all such work on the basis of the stipend. "(C) NATURE OF STIPEND. — Such stipend shall be paid as a supplement to the employee's base pay. "(2) ELECTION NOT TO RECEIVE STIPEND.— If an employee elects not to be compensated through the stipend established by this subsection, the appropriate provisions of title 5, United States Code, shall apply. "(3) APPLICABILITY OF SUBSECTION.— This subsection applies to all Bureau employees, regardless of whether the employee is employed under section 1132 of this title or title 5, United States Code. "(o) DEFINITIONS.— In this section: "(1) EDUCATION POSITION.— The term 'education position' means a position in the Bureau the duties and responsibilities of which— "(A)(i) are performed on a school year basis principally in a Bureau school; and "(ii) involve— "(I) classroom or other instruction or the supervision or direction of classroom or other instruction;

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