Page:United States Statutes at Large Volume 96 Part 1.djvu/838

 96 STAT. 796

Infra.

10 USC 1331 et

Ante, p. 795.

Deposit.

Payment remittance.

PUBLIC LAW 97-253—SEPT. 8, 1982 under this subchapter is based) only if a deposit with interest, if any, is made with respect to that month, as provided in section 83340) of this title. "(2) If an employee or Member is awarded retired pay based on any period of military service, the service of the employee or Member may not include credit for such period of military service unless the retired pay is awarded— "(A) based on a service-connected disability— "(i) incurred in combat with an enemy of the United States; or "(ii) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by section 301 oftitle38;or ''(B) under chapter 67 of title 10.". (c) Subsection (j) of section 8332 of title 5, United States Code, is amended— (1) by inserting "(1)" after "(j)"; and (2) by adding at the end thereof the following new paragraph: "(2) The provisions of paragraph (1) of this subsection relating to credit for military service shall not apply to— "(A) any month of military service of an employee or Member with respect to which the employee or Member has made a deposit with interest, if any, under section 8334(j) of this title; or (B) the service of any employee or Member described in section 8332(cKlXB) of this title.". (d) Section 8334 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: "(j)(1) Each employee or Member who has performed military service before the date of the separation on which the entitlement to any annuity under this subchapter is based may pay, in accordance with such regulations as the Office shall issue within 90 days after the effective date of this subsection, to the agency by which the employee is employed or, in the ceise of a Member or a Congressional employee, to the Secretary of the Senate or the Clerk of the House of Representatives, as appropriate, an amount equal to 7 percent of the amount of the basic pay paid under section 204 of title 37 to the employee or Member for each month of military service after December 1956, as certified to the agency, the Secretary of the Senate, or the Clerk of the House of Representatives, as appropriate, by the Secretary of Defense, the Secretary of Transportation, the Secretary of Commerce, or the Secretary of Health and Human Services, as appropriate, upon the employee's or Member's request. "(2) Any deposit made under paragraph (1) of this subsection more than two years after the later of— "(A) October 1, 1982; or "(B) the date on which the employee or Member making the deposit first becomes an employee or Member, shall include interest on such amount computed and compounded annually beginning on the date of the expiration of the two-year period. The interest rate that is applicable in computing interest in any year under this paragraph shall be equal to the interest rate that is applicable for such year under subsection (e) of this section. "(3) Any payment received by an agency, the Secretary of the Senate, or the Clerk of the House of Representatives under thig subsection shall be immediately remitted to the Office for deposit in the Treasury of the United States to the credit of the Fund.

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