Page:United States Statutes at Large Volume 109 Part 1.djvu/118

This page needs to be proofread.

109 STAT. 102 PUBLIC LAW 104-8—APR. 17, 1995 (b) STAFF. —With the approval of the Chair, the Executive Director may appoint and fix the pay of additional personnel as the Executive Director considers appropriate, except that no individual appointed by the Executive Director may be paid at a rate greater than the rate of pay for the Executive Director. (c) INAPPLICABILITY OF CERTAIN EMPLOYMENT AND PROCURE- MENT LAWS. — (1) CIVIL SERVICE LAWS. — The Executive Director and staff of the Authority may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay » rates. (2) DISTRICT EMPLOYMENT AND PROCUREMENT LAWS.— The Executive Director and staff of the Authority may be appointed and paid without regard to the provisions of the District of Columbia Code governing appointments and salaries. The provisions of the District of Columbia Code governing procurement shall not apply to the Authority. (d) STAFF OF FEDERAL AGENCIES. —Upon request of the Chair, the head of any Federal department or agency may detail, on a reimbursable or non-reimbursable basis, any of the personnel of that department or agency to the Authority to assist it in carrying out its duties under this Act. (e) PRESERVATION OF RETIREMENT AND CERTAIN OTHER RIGHTS OF FEDERAL EMPLOYEES WHO BECOME EMPLOYED BY THE AUTHOR- ITY.— (1) IN GENERAL.— A Federal employee who, within 2 months after separating from the Federal Government, becomes employed by the Authority— (A) may elect, for purposes of the retirement system in which that individual last participated before so separating, to have such individual's period of service with the Authority treated in the same way as if performed in the position within the Federal Government from which separated, subject to the requisite employee deductions and agency contributions being currently deposited in the appropriate fund; and (B) if, after serving with the Authority, such employee becomes reemployed by the Federal Government, shall be entitled to credit, for the full period of such individual's service with the Authority, for purposes of determining the applicable leave accrual rate. (2) RETIREMENT. — (A) CONTRIBUTIONS. — For purposes of subparagraph (A) of paragraph (1)— (i) the employee deductions referred to in such paragraph shall be made from basic pay for service with the Authority, and shall be computed using the same percentage as would then apply if the individual were instead serving in the position within the Federal Government from which separated; and (ii) the agency contributions referred to in such paragraph shall be made by the Authority. (B) DOUBLE COVERAGE NOT PERMirrED.An individual who makes an election under paragraph (1)(A) shall