Page:United States Statutes at Large Volume 96 Part 1.djvu/834

 96 STAT. 792

"Uniformed service." "Civilian position."

Prec. title 1 USC.

PUBLIC LAW 97-253—SEPT. 8, 1982 which takes effect during any of such fiscal years in which he holds such a civilian position and which is allocable to the period of actual employment in such civilian position. The amounts so deducted shall be deposited into the general fund of the Treasury of the United States. (2) For the purpose of this subsection— (A) the term "uniformed service" has the meaning given that term by section 2101 of title 5, United States Code; and (B) the term "civilian position" means a position, as defined in section 5531(2) of title 5, United States Code. (3) This subsection shall not apply to reduce the salary of any person whose compensation may not, under section 1 of article III of the Constitution of the United States, be diminished during such individual's continuance in office. (4) The reduction in pay required by this subsection does not apply to a member or former member of a uniformed service receiving retired or retainer pay whose retired or retainer pay is computed, in whole or in part, based on disability— (A) resulting from injury or disease received in line of duty as a direct result of armed conflict; or (B) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by sections 101 and 301 of title 38, United States Code. DISABILITY RETIREMENT

'Technician."

SEC. 302. (a) Section 8337 of title 5, United States Code, is amended— (1) by striking out "1 year" in the second sentence of subsection (d) and inserting in lieu thereof "180 days"; (2) by striking out "each of 2 succeeding calendar years" in the third sentence of subsection (d) and inserting in lieu thereof "any calendar year"; and (3) by adding at the end thereof the following new subsection: "(h)(1) As used in this subsection, the term 'technician' means an individual employed under section 709(a) of title 32 who, as a condition of the employment, is required under section 709(b) of such title to be a member of the National Guard and to hold a specified military grade. "(2)(A) Except as provided in subparagraph (B) of this paragraph, an individual shall be retired under this section if the individual— "(i) is separated from employment as a technician under section 709(e)(l) of title 32 by reason of a disability that disqualifies the individual from membership in the National Guard or from holding the military grade required for such employment; "(ii) is not considered to be disabled under the second sentence of subsection (a) of this section; "(iii) is not appointed to a position in the Government (whether under paragraph (3) of this subsection or otherwise); and "(iv) has not declined an offer of an appointment to a position in the Government under paragraph (3) of this subsection. "(B) Pajment of any annuity for an individual pursuant to this subsection terminates— "(i) on the date the individual is appointed to a position in the Government (whether pursuant to paragraph (3) of this subsection or otherwise);

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