Page:United States Statutes at Large Volume 84 Part 2.djvu/593

 84 STAT. ]

PUBLIC LAW 91-648-JAN. 5, 1971

When made, the election is irrevocable unless otherwise provided by law. "(2) An employee who elects to receive benefits from a State or local government may not receive an annuity under subchapter III of chapter 83 of this title and benefits from the State or local government for injury or disability to himself covering the same period of time. This provision does not— " (A) bar the right of a claimant to the greater benefit conferred by either the State or local government or subchapter III of chapter 83 of this title for any part of the same period of time; " (B) deny to an employee an annuity accruing to him under subchapter III of chapter 83 of this title on account of service performed by him; or " (C) deny any concurrent benefit to him from the State or local government on account of the death of another individual. "§3374. Assignments of employees from State or local governments " (a) An employee of a State or local government who is assigned to an executive agency under an arrangement under this subchapter

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" (1) be appointed in the executive agency without regard to the provisions of this title governing appointment in the competitive service for the agreed period of the assignment; or " (2) be deemed on detail to the executive agency. " (b) An employee given an appointment is entitled to pay in accordance with chapter 51 and subchapter III of chapter 53 of this title or ^L^^^ ^^°^' other applicable law, and is deemed an employee of the executive agency for all purposes except— "(1) subchapter III of chapter 83 of this title or other applicable retirement system; "(2) chapter 87 of this title; and "(3) chapter 89 of this title or other applicable health benefits system unless his appointment results in the loss of coverage in a group health benefits plan the premium of which has been paid in whole or in part by a State or local government contribution. "(c) During the period of assignment, a State or local government employee on detail to an executive agency— " (1) is not entitled to pay from the agency; "(2) is deemed an employee of the agency for the purpose of chapter 73 of this title, sections 203,205,207,208,209,602,603,606, 607, 643, 654, 1905, and 1913 of title 18, section 638a of title 31, 76 Stat. 1121. and the Federal Tort Claims Act and any other Federal tort H H^*^ gj^* liability statute; and eo stat! 842*. "(3) is subject to such regulations as the President may 28 USC 2671, prescribe. The supervision of the duties of such an employee may be governed by agreement between the executive agency and the State or local government concerned. A detail of a State or local government employee to an executive agency may be made with or without reimbursement by the executive agency for the pay, or a part thereof, of the employee during the period of assignment. " (d) A State or local government employee who is given an appointment in an executive agency for the period of the assignment or who is on detail to an executive agency and who suffers disability or dies as a result of personal injury sustained while in the performance of his duty during the assignment shall be treated, for the purpose of

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