Page:United States Statutes at Large Volume 121.djvu/777

 121 STAT. 756

Applicability.

dkrause on GSDDPC44 with PUBLAW

Regulations.

VerDate Aug 31 2005

13:52 Jan 23, 2009

PUBLIC LAW 110–81—SEPT. 14, 2007

expired, or (ii) which has been appealed and the appeals process for which is completed; ‘‘(B) the term ‘Member’ has the meaning given such term by section 2106, notwithstanding section 8331(2); and ‘‘(C) the term ‘child’ has the meaning given such term by section 8341.’’. (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—Section 8411 of title 5, United States Code, is amended by adding at the end the following: ‘‘(l)(1) Notwithstanding any other provision of this chapter, the service of an individual finally convicted of an offense described in paragraph (2) shall not be taken into account for purposes of this chapter, except that this sentence applies only to service rendered as a Member (irrespective of when rendered). Any such individual (or other person determined under section 8424(d), if applicable) shall be entitled to be paid so much of such individual’s lump-sum credit as is attributable to service to which the preceding sentence applies. ‘‘(2) An offense described in this paragraph is any offense described in section 8332(o)(2)(B) for which the following apply: ‘‘(A) Every act or omission of the individual (referred to in paragraph (1)) that is needed to satisfy the elements of the offense occurs while the individual is a Member. ‘‘(B) Every act or omission of the individual that is needed to satisfy the elements of the offense directly relates to the performance of the individual’s official duties as a Member. ‘‘(C) The offense is committed after the date of enactment of this subsection. ‘‘(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 chapter 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 under such clause to the spouse or children of an individual 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,

Jkt 059194

PO 00001

Frm 00754

Fmt 6580

Sfmt 6581

M:\STATUTES\2007\59194PT1.001

APPS10

PsN: 59194PT1

�