Page:United States Statutes at Large Volume 95.djvu/784

 95 STAT. 758

PUBLIC LAW 9 7 - 3 5 - A U G. 13, 1981

"(A) the individual was a career appointee on May 31, 1981; "(B) the appointee was removed from the Senior Executive Service under section 3595 of this title due to a reduction in force in that agency; "(C) before the removal occurred, the appointee successfully completed the probationary period established under section 3393(d) of this title; and "(D) the appointee applies for that vacant position within one year after the Office receives certification regarding that appointee pursuant to section 3595(b)(3)(B) of this title. "(2) A career appointee is entitled to appeal to the Merit Systems Protection Board under section 7701 of this title any determination by the agency that the appointee is not qualified for a position for which the appointee applies under paragraph (1) of this subsection.". (c) Section 3393 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: "(g) A career appointee may not be removed from the Senior Executive Service or civil service except in accordance with the applicable provisions of sections 1207, 3592, 3595, 7532, or 7543 of this title.". (d)(1) Section 7542 of title 5, United States Code, is amended by inserting "or 3595" after "3592". (2) Section 7543(a) of title 5, United States Code, is amended by striking out "such cause" and all that follows down through the period and inserting in lieu thereof "misconduct, neglect of duty, or malfeasance.". Effective date. (e)(1) Subject to paragraph (2), the amendments made by this 5 USC 3595 note, section shall be effective as of June 1, 1981. (2)(A) Except as provided in subparagraph (B), the amendments made by this section shall apply to any career appointee removed from the civil service after May 31, 1981, and before the date of the enactment of this section if, not later than 14 days after such date of enactment, application therefor is made to the Office of Personnel Management and to the head of the agency in which the appointee was employed. (B) The provisions of section 3595(a), as added by subsection (a)(1), shall take effect on the date of the enactment of this Act. (3) The effectiveness of the amendments made by this section shall be subject to section 415(b) of the Civil Service Reform Act of 1978 (5 U.S.C. 3131 note) to the same extent and manner as the amendments 5 USC 2101a. made by title IV of that Act. VOLUNTARY STATE INCOME TAX WITHHOLDING FOR ANNUITANTS

SEC. 1705. (a) Section 8345 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: "(k)(l) The Office shall, in accordance with this subsection, enter into an agreement with any State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the Office shall withhold State income tax in the case of the monthly annuity of any annuitant who voluntarily requests, in writing, such withholding. The amounts withheld during any calendar quarter shall be held in the Fund and disbursed to the States during the month following that calendar quarter. "(2) An annuitant may have in effect at any time only one request for withholding under this subsection, and an annuitant may not have more than two such requests in effect during any one calendar year.

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