Page:United States Statutes at Large Volume 84 Part 2.djvu/381

 84 STAT. ]

PUBLIC LAW 91-604-DEC. 31, 1970

1711

(2) An election pursuant to paragraph (1) shall be effective only if made in accordance with such procedures as may be prescribed by the Civil Service Commission (A) before the close of the 24th month after the effective date of the plan, or (B) in the case of a commissioned officer who would be liable for training and service under the Military Selective Service Act of 1967 but for the operation of section 6(b)(3) thereof sj J'|^- ^^oo. (50 U.S.C. App. 456(b)(3)), before (if it occurs later than the close 451. ^^^' of such 24th month) the close of the 90th day after the day upon which 69 Stat. 224. he has completed his 24th month of service as such officer. (3)(A) Except as provided in subparagraph (B), any commissioned officer of the Public Health Service who, pursuant to paragraphs (1) and (2), elects to transfer to a position in the Agency which is subject to chapter 51 and subchapter III of chapter 63 of title 5, United States Code (hereinafter in this subsection referred to as the "transferring g^u^'c^sfof' officer"), shall receive a pay rate of the General Schedule grade of such 5331. position which is not less than the sum of the following amounts com- ^"'^' P- i^s-i. puted as of the day preceding the date of such election: (i) the basic pay, the special pay, the continuation pay, and the subsistence and quarters allowances, to which he is annually entitled as a commissioned officer of the Public Health Service 76 Stat, 451. pursuant to title 37, United States Code; 37 USC 101. (ii) the amount of Federal income tax, as determined by estimate of the Secretary, which the transferring officer, had he remained a commissioned officer, would have been required to pay on his subsistence and quarters allowances for the taxable year then current if they had not been tax free; (iii) an amount equal to the biweekly average cost of the coverages designated "high option, self and family" under the Government-wide Federal employee health benefits program plans, multiplied by twenty-six; and (iv) an amount equal to 7 per centum of the sum of the amounts determined under clauses (i) through (iii), inclusive. (B) A transferring officer shall in no event receive, pursuant to subparagraph (A), a pay rate in excess of the maximum rate applicable under the General Schedule to the class of position, as established under chapter 51 of title 5, United States Code, to which such officer is transferred pursuant to paragraphs (1) and (2). (4)(A) A transferring officer shall be credited, on the day of his transfer pursuant to his election under paragraphs (1) and (2), with one hour of sick leave for each week of active service, as defined by section 211(d) of the Public Health Service Act. 74 Stat. 34. (B) The annual leave to the credit of a transferring officer on the '^^ ^^^ ^^^' day before the day of his transfer, shall, on such day of transfer, be transferred to his credit in the Agency on an adjusted basis under regulations prescribed by the Civil Service Commission. The portion of such leave, if any, that is in excess of the sum of (i) 240 hours, and (ii) the number of hours that have accrued to the credit of the transferring officer during the calendar year then current and which remain unused, shall thereafter remain to his credit until used, and shall be reduced in the manner described by subsection (c) of section 6304 of title 5, United States Code. . . ^° ^'^'' ^^^ (5) A transferring officer who is required to change his official station as a result of his transfer under this subsection shall be paid such travel, transportation, and related expenses and allowances, as would be provided pursuant to subchapter II of chapter 57 of title 5, United 500. States Code, in the case of a civilian employee so transferred in the 80ustat.5721. 5 se interest of the Government. Such officer shall not (either at the time of such transfer or upon a subsequent separation from the competitive service) be deemed to have separated from, or changed permanent

�