Page:United States Statutes at Large Volume 121.djvu/776

 PUBLIC LAW 110–81—SEPT. 14, 2007

121 STAT. 755

dkrause on GSDDPC44 with PUBLAW

‘‘(vi) An offense under section 1512 of title 18 (relating to tampering with a witness, victim, or an informant). ‘‘(vii) An offense under chapter 96 of title 18 (relating to racketeer influenced and corrupt organizations). ‘‘(viii) An offense under section 371 of title 18 (relating to conspiracy to commit offense or to defraud United States), to the extent of any conspiracy to commit an act which constitutes— ‘‘(I) an offense under clause (i), (ii), (iii), (iv), (v), (vi), or (vii); or ‘‘(II) an offense under section 207 of title 18 (relating to restrictions on former officers, employees, and elected officials of the executive and legislative branches). ‘‘(ix) Perjury committed under section 1621 of title 18 in falsely denying the commission of an act which constitutes— ‘‘(I) an offense under clause (i), (ii), (iii), (iv), (v), (vi), or (vii); or ‘‘(II) an offense under clause (viii), to the extent provided in such clause. ‘‘(x) Subornation of perjury committed under section 1622 of title 18 in connection with the false denial or false testimony of another individual as specified in clause (ix). ‘‘(3) An individual convicted of an offense described in paragraph (2) shall not, after the date of the final conviction, be eligible to participate in the retirement system under this subchapter or chapter 84 while serving as a Member. ‘‘(4) The Office of Personnel Management shall prescribe any regulations necessary to carry out this subsection. Such regulations shall include— ‘‘(A) provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b); and ‘‘(B) provisions under which the Office may provide for— ‘‘(i) the payment, to the spouse or children of any individual referred to in the first sentence of paragraph (1), of any amounts which (but for this clause) would otherwise have been nonpayable by reason of such first sentence, subject to paragraph (5); and ‘‘(ii) an appropriate adjustment in the amount of any lump-sum payment under the second sentence of paragraph (1) to reflect the application of clause (i). ‘‘(5) Regulations to carry out clause (i) of paragraph (4)(B) shall include provisions to ensure that the authority to make any payment to the spouse or children of an individual under such clause shall be available only to the extent that the application of such clause is considered necessary and appropriate taking into account the totality of the circumstances, including the financial needs of the spouse or children, whether the spouse or children participated in an offense described in paragraph (2) of which such individual was finally convicted, and what measures, if any, may be necessary to ensure that the convicted individual does not benefit from any such payment. ‘‘(6) For purposes of this subsection— ‘‘(A) the terms ‘finally convicted’ and ‘final conviction’ refer to a conviction (i) which has not been appealed and is no longer appealable because the time for taking an appeal has

VerDate Aug 31 2005

13:52 Jan 23, 2009

Jkt 059194

PO 00001

Frm 00753

Fmt 6580

Sfmt 6581

Regulations.

M:\STATUTES\2007\59194PT1.001

APPS10

PsN: 59194PT1

�