Page:United States Statutes at Large Volume 96 Part 1.djvu/833

 PUBLIC LAW 97-253—SEPT. 8, 1982

96 STAT. 791

(3) If the percentage increase in the price index for fiscal year 1983, 1984, or 1985 (as determined by the Office of Personnel Management on the basis of the calendar year ending in such year) exceeds the assumed increase in the price index for that year, then the increase in the annuity or retired or retainer pay of an early retiree under paragraph (1) taking effect in that fiscal year shall be equal to— (A) one-half of the Eussumed increase in the price index for that year, plus (B) the amount by which the percentage increase in the price index exceeds the assumed price index increase. (4) As used in this subsection— Definitions. (A) the term "price index" has the meaning given such term in section 8331(15) of title 5, United States Code; and (B) the term "assumed increase in the price index" means— (i) 6.6 percent, in the case of fiscal year 1983, (ii) 7.2 percent, in the case of fiscal year 1984, and (iii) 6.6 percent, in the case of fiscal year 1985. (5) The amount of any survivor annuity which is based on the service of any early retiree subject to this subsection shall be computed as if this subsection had not been enacted. (b)(1) Notwithstanding any other provision of law, any cost-of- 5 USC 8340 note. living increase under a Government retirement system shall not take effect until— (A) the first day of the first calendar month after the date such increase would otherwise take effect, in the case of increases taking effect during fiscal year 1983; (B) the first day of the second calendar month after the date such increase would otherwise take effect, in the case of increases taking effect during fiscal year 1984; and (C) the first day of the third calendar month after the date such increase would otherwise take effect, in the case of increases taking effect during fiscal year 1985. (2) Nothing in this subsection shall be construed to affect the eligibility for any increase in annuity or retired or retainer pay or the amount of the first increase in annuity or retired or retainer pay under section 8340(b) or (c) of title 5, United States Code, or comparable provisions of law. (c) For purposes of this section, the term "cost-of-living increase Definition. under a Government retirement system" means any increase 5 USC 8340 note. under— (1) section 8340(b) of title 5, United States Code; 22 USC 4066. (2) section 826 of the Foreign Service Act of 1980; (3) the Central Intelligence Agency Act of 1964 for Certain Employees (50 U.S.C. 403 note); (4) section 1401a(b) of title 10, United States Code; or (5) any other adjustment of any annuity under a retirement system for Government officers or employees which the President determines, by Executive order, is based on adjustments under any of the provisions referred to in the preceding paragraphs. (d)(1) In the case of any member or former member of a uniformed ^ use 5532 note. service who, during any period in fiscal year 1983, 1984, or 1985, is receiving retired or retainer pay and holds a civilian position, there shall be deducted from the pay for such position an amount equal to the amount of any increase in such individual's retired or retainer pay pursuant to section 1401a(b) of title 10, United States Code,

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