Page:United States Statutes at Large Volume 94 Part 2.djvu/826

 94 STAT. 2104

22 USC 4045.

Salary deductions, consen.

PUBLIC LAW 96-465—OCT. 17, 1980

(B) in the Regular or Reserve Corps of the Public Health Service after June 30, 1960, or (C) as a commissioned officer of the National Oceanic and Atmospheric Administration, or a predecessor organization, after June 30, 1961, but does not include service in the National Guard except when ordered to active duty in the service of the United States; (10) "pro rata share", in the case of any former spouse of any participant or former participant, means a percentage which is equal to the p e r c e n t ^ e that (A) the number of years during which the former spouse was married to the participant during the creditable service of that participant is of (B) the total number of years of such creditable service; (11) "spousal agreement" means any written agreement between— (A) a participant or former participant; and (B) his or her spouse or former spouse; (12) "student" means a child regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution (for purposes of this paragraph, a chUd who is a student shall not be deemed to have ceased to be a student during any period between school years, semesters, or terms if the period of nonattendance does not exceed 5 calendar months and if the child shows to the satisfaction of the Secretary of State that he or she has a bona fide intention of continuing to pursue his or her course of study during the school year, semester, or term immediately following such period); (13) "surviving spouse" means the surviving wife or husband of a participant or annuitant who, in the case of a death in service or marriage after retirement, was married to the participant or annuitant for a t least one year immediately preceding his or her death or is a parent of a child born of the marriage; and (14) "unfunded liability" means the estimated excess of the present value of all benefits payable from the Fund over the sum of— (A) the present value of deductions to be withheld from the future basic salary of participants and of future agency contributions to be made on their behalf, plus (B) the present value of Government payments to the Fund under section 821, plus (C) the Fund balance as of the date the unfunded liability is determined. SEC. 805. CONTRIBUTIONS TO THE FuND.—(a) 7 percent of the basic salary received by each participant shall be deducted from the salary and contributed to the Fund for the payment of annuities, cash benefits, refunds, and allowances. An equal amount shall be contributed by the Department from the appropriations or fund used for payment of the salary of the participant. The Department shall deposit in the Fund the amounts deducted and withheld from basic salary and the amounts contributed by the Department. (b) Each participant shall be deemed to consent and agree to such deductions from basic salary. Payment less such deductions shall be a ^^jj ^^^ Complete discharge and acquittance of all claims and demands whatsoever for all regular services during the period covered by such payment, except the right to the benefits to which

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