97 STAT. 68 PUBLIC LAW 98-21 —APR. 20, 1983 of such service after being separated therefrom following a previous period of such service shall nevertheless be consid- ered upon such return as having been continuously in the employ of the United States or an instrumentality thereof, regardless of whether the period of such separation began before, on, or after December 31, 1983, if the period of such separation does not exceed 365 consecutive days), or (ii) is receiving an annuity from the Civil Service Retirement and Disability Fund, or benefits (for service as an employee) under another retirement system established by a law of the United States for employees of the Federal Government (other than for members of the uniformed services); except that this paragraph shall not apply with respect to— "(i) service performed as the President or Vice President of the United States, "(ii) service performed— "(I) in a position placed in the Executive Schedule under sections 5312 through 5317 of title 5, United States Code, "(II) as a noncareer appointee in the Senior Execu- tive Service or a noncareer member of the Senior For- eign Service, or "(III) in a position to which the individual is appointed by the President (or his designee) or the Vice President under section 105(a)(1), 106(a)(1), or 107 (a)(1) or Oo)(l) of title 3, United States Code, if the maximum rate of basic pay for such position is at or above the rate for level V of the Executive Schedule, "(iii) service performed as the Chief Justice of the United States, an Associate Justice of the Supreme Court, a judge of a United States court of appeals, a judge of a United States district court (including the district court of a terri- tory), a judge of the United States Claims Court, a judge of the United States Court of International Trade, a judge of the United States Tax Court, a United States magistrate, or a referee in bankruptcy or United States bankruptcy judge, "(iv) service performed as a Member, Delegate, or Resi- dent Commissioner of or to the Congress, or "(v) any other service in the legislative branch of the Federal Government if such service is performed by an individual who, on December 31, 1983, is not subject to 5 USC 8331. subchapter III of chapter 83 of title 5, United States Code; "(6) Service performed in the employ of the United States or any instrumentality of the United States if such service is performed— "(A) in a penal institution of the United States by an inmate thereof; "(B) by any individual as an employee included under section 5351(2) of title 5, United States Code (relating to certain interns, student nurses, and other student employ- ees of hospitals of the Federal Government), other than as a medical or dental intern or a medical or dental resident in training; or "(C) by any individual as an employee serving on a temporary basis in case of fire, storm, earthquake, flood, or other similar emergency;".
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