Page:United States Statutes at Large Volume 121.djvu/2250

 PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 2229

(i) the date on which the individual is entitled to an annuity for immediate retirement under section 8336(b) or 8412(b) of title 5, United States Code; or (ii) the date on which the individual— (I) is 57 years of age or older; and (II) is entitled to an annuity for immediate retirement under section 8336(m) or 8412(d) of title 5, United States Code, (as determined by taking into account subparagraph (C)(i)). (C) TREATMENT OF PRIOR CREDITABLE SERVICE FOR RETIREMENT PURPOSES.— (i) PRIOR SERVICE FOR PURPOSES OF ELIGIBILITY FOR IMMEDIATE RETIREMENT AS MEMBER OF CAPITOL POLICE.—Any Library of Congress Police employee who

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becomes a member of the Capitol Police under this subsection shall be entitled to have any creditable service under section 8332 or 8411 of title 5, United States Code, that was accrued prior to becoming a member of the Capitol Police included in calculating the employee’s service as a member of the Capitol Police for purposes of section 8336(m) or 8412(d) of title 5, United States Code. (ii) PRIOR SERVICE FOR PURPOSES OF COMPUTATION OF ANNUITY.—Any creditable service under section 8332 or 8411 of title 5, United States Code, of an individual who becomes a member of the Capitol Police under this paragraph that was accrued prior to becoming a member of the Capitol Police— (I) shall be treated and computed as employee service under section 8339 or section 8415 of such title; but (II) shall not be treated as service as a member of the Capitol Police or service as a congressional employee for purposes of applying any formula under section 8339(b), 8339(q), 8415(c), or 8415(d) of such title under which a percentage of the individual’s average pay is multiplied by the years (or other period) of such service. (3) DUTIES OF EMPLOYEES TRANSFERRED TO CIVILIAN POSITIONS.— (A) DUTIES.—The duties of any individual who becomes a civilian employee of the Capitol Police under this section, including a Library of Congress Police civilian employee under paragraph (1)(B) and a Library of Congress Police employee who becomes a civilian employee of the Capitol Police under paragraph (2)(A)(ii), shall be determined solely by the Chief of the Capitol Police, except that a Library of Congress Police civilian employee under paragraph (1)(B) shall continue to support Library of Congress police operations until all Library of Congress Police employees are transferred to the United States Capitol Police under this section. (B) FINALITY OF DETERMINATIONS.—Any determination of the Chief of the Capitol Police under this paragraph shall not be appealable or reviewable in any manner. (4) PROTECTING STATUS OF TRANSFERRED EMPLOYEES.—

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