Page:United States Statutes at Large Volume 82.djvu/799

 82

STAT.]

757

PUBLIC LAW 90-486-AUG. 13, 1968

(b) Except as provided in this Act and in the amendments made by this Act, and notwithstanding any law, rule, regulation, or decision to the contrary, the positions of persons employed under section 709 of title 32, United States Code, existing on the day before the effective date of this Act, and the persons holding those positions on that day, shall, on and after that effective date, be considered to be positions in and employees of the Department of the Army or the Department of the Air Force, as the case may be, and employees of the United States io the same extent as other positions in and employees of the Department of the Army or the Department of the Air Force. Such positions shall be outside the competitive service, if, as a condition of employment, the persons employed therein were, on the day before the effective date of this Act, required to be members of the Army National Gua,rd or the Air National Guard. (c) All service under section 709 of title 32, United States Code, or prior corresponding provision of law, performed before the effective date of this Act shall be included and credited in the determination of length of service for the purposes of leave, Federal employees death and disability compensation, group life and health insurance, severance pay, tenure, and status. This subsection shall apply only in the case of l>ersons who perform service under section 709 of title 32, United States Code, on or after the effective date of this Act. (d) Annual leave and sick leave to which a technician was entitled on the day before the conversion of his position, as provided in subsection (b) of this section, shall be credited to him in his new position. SEC. 4. Section 2105(a) of title 5, United States Code, is amended— (1) by striking out "or" at the end of clause (1)(D); (2) by adding "or" at the end of clause (1)(E); and (3) by adding the following new subclause (F) at the end of clause (1): " (F) the adjutants general designated by the Secretary concerned under section 709(c) of title 32, United States Code;". SEC. 5. (a) Section 8332(b) of title 5, United States Code, is amended— (1) by striking out "and" at the end of clause (4); (2) by striking out the period at the end of clause (5) and inserting in place thereof "; and"; and (3) by adding the following new clause: "(6) employment under section 709 of title 32, United States Code or any prior corresponding provision of law."; and (4) by adding at the end thereof the following: "Service referred to in paragraph (6) is allowable only in the case of persons performing service under section 709 of title 32, United States Code, on or after the effective date of the National Guard Technicians Act of 1968." (b) Section 8334(c) of title 5, United States Code, is amended by adding at the end thereof the following: "Notwithstanding the foregoing provisions of this subsection, the deposit with respect to a period of service referred to in section 8332(b)(6) which was performed prior to the effective date of the National Guard Technicians Act of 1968 shall be an amount equal to 55 per centum of a deposit computed in accordance with such jirovisions." (c) Section 8339 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: " (1) In determining service for the purpose of computing an annuity under each paragraph of this section, 45 per centum of each year, or fraction tnereof, of service referred to in section 8332(b)(6) which was performed prior to the effective date of the National Guard Technicians Act of 1968 shall be disregarded."

Technicians, conversion to Federal employee status.

Past service, credit.

Leave credit.

80 Stat. 409.

Ante, p. 755. Civil service retirement. 80 Stat. 567.

80 Stat. 570.

80 Stat. 574.

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