Page:United States Statutes at Large Volume 96 Part 1.djvu/840

 96 STAT. 798

"Determination month."

42 USC 402.

Effective date. 5 USC 8331.

PUBLIC LAW 97-253~SEPT. 8, 1982 8332(j) of title 5, United States Code, applied to the individual for such month. (d) For purposes of this section, the term "determination month" means— (1) the first month the individual described in subsection (a) is entitled to old-age insurance benefits under section 202(a) of the Social Security Act (or would be entitled to such benefits upon filing application therefor); or (2) October 1982, in the case of any individual so entitled to such benefits for such month. (e) The preceding provisions of this section shall take effect with respect to any annuity payment payable under subchapter III of chapter 83 of title 5, United States Code, for calendar months beginning after September 30, 1982. (f) The Secretary of Health and Human Services shall furnish such information to the Office of Personnel Management as may be necessary to carry out the preceding provisions of this section. IMMEDIATE RETIREMENT

SEC. 308. (a) Subsection (d) of section 8336 of title 5, United States Code, is amended to read as follows: "(d) An employee who— "(1) is separated from the service involuntarily, except by removal for cause on charges of misconduct or delinquency; or "(2) while serving in a geographic area designated by the Office of Personnel Management, is separated from the service voluntarily during a period in which the Office determines that— "(A) the agency in which the employee is serving is undergoing a major reorganization, a major reduction in force, or a major transfer of function; and "(B) a significant percent of the employees serving in such agency will be separated or subject to an immediate reduction in the rate of basic pay (without regard to subchapter 5 USC 5361. VI of chapter 53 of this title or comparable provisions); after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity. Nonentitlement Notwithstanding the first sentence of this subsection, an employee of annuity. described in paragraph (1) of this subsection is not entitled to an annuity under this subsection if the employee has declined a reasonable offer of another position in the employee's agency for which the employee is qualified, which is not lower than 2 grades (or pay levels) below the employee's grade (or pay level), and which is within the employee's commuting area.". Effective date. OE>) The amendment made by subsection (a) shall take effect 5 USC 8336 note. October 1, 1982. GENERAL LIMITATION ON COST-OP-UVING ADJUSTMENT FOR ANNUITIES

SEC. 309. (a) Section 8340 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: "(g)(1) An annuity shall not be increased by reason of any adjustment under this section to an amount which exceeds the greater of—

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