Page:United States Statutes at Large Volume 94 Part 1.djvu/1149

 PUBLIC LAW 96-342—SEPT. 8, 1980

94 STAT. 1099

retired pay and retainer pay to reflect changes in the Consumer Price Index, is amended to read as follows: "(b) Each time that an increase is made under section 8340(b) of title 5 in annuities paid under subchapter III of chapter 83 of such title, the Secretary of Defense shall at the same time increase the 5 USC 8331. retired and retainer pay of members and former members of the armed forces by the same percent as the percentage by which annuities are increased under such section.". (2) The amendment made by paragraph (1) shall not take effect Restriction. 10 USC 1401a unless legislation is enacted which provides for the adjustment of note. annuities paid under subchapter III of chapter 83 of title 5, United States Code, on a once-a-year basis. In the event such legislation is enacted, such amendment shall become effective with respect to adjustments in the retired pay and retainer pay of members and former members of the uniformed services at the same time that the legislation providing for such a once-a-year adjustment of annuities paid under subchapter III of chapter 83 of title 5, United States Code, becomes effective. (3) If legislation described in paragraph (2) is enacted to provide for the adjustment of annuities paid under subchapter III of chapter 83 of title 5, United States Code, on a once-a-year basis, the President shall exercise the authority vested in him under section 292 of the Central Intelligence Agency Act of 1964 for Certain Employees (50 U.S.C. 403 note) to provide for cost-of-living adjustments in the annuities paid under such Act on an identical basis. (4) If at the time the first adjustment in retired and retainer pay is made under section 1401aOt)) of title 10, United States Code, as amended by paragraph (1) of this subsection, the period upon which the most recent adjustment in such retired and retainer pay was computed is not identical to the period upon which the most recent adjustment in annuities under subchapter III of chapter 83 of title 5, United States Code, was computed, then the percentage increase to be made under such section 1401a(b) at the time of the first such adjustment shall be computed in the same manner as the percentage increase made at the same time in annuities under subchapter III of chapter 83 of title 5, United States Code, is computed, but shall be based on the period beginning on the last day of the period upon which the most recent adjustment in such retired and retainer pay was computed and ending on the last day of the period upon wWch the adjustment being made at the same time in annuities under such subchapter HI is computed. The President shall by Executive order Executive order. provide for a similar computation of the adjustment in annuities paid under the Central Intelligence Agency Act of 1964 for Certain Employees (50 US.C. 403 note) which is made at the same time as the increase in retired and retainer pay to which the preceding sentence is applicable. (c) For the purposes of this section, the term "uniformed services" "Uniformed services." means— (1) the Armed Forces; and (2) the commissioned corps of the National Oceanic and Atmospheric Administration and of the Public Health Service.

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