Page:United States Statutes at Large Volume 104 Part 2.djvu/736

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104 STAT. 1388-328 PUBLIC LAW 101-508—NOV. 5, 1990 5 USC 8343a note. 5 USC 8343a not^. 5 USC 8343a note. 5 USC 8343a note. 5 USC 8343a note. "(3) This subsection shall cease to be effective as of October 1, 1995.". (2) Section 4005 of the Omnibus Budget Reconciliation Act of 1989 (Public Law 101-239; 103 Stat. 2135) is amended— (A) in subsection (a), by striking "October 1, 1990." and inserting "December 2, 1990."; and (B) by adding at the end the following: "(f) CONTINUED APPLICABILITY.— The preceding provisions of this section (disregarding the provision in subsection (a) limiting this section's applicability to annuities commencing before the date specified in such provision) shall also apply in the case of any employee or Member whose election of an alternative form of annuity would not have been allowable under section 8343a(f) or 8420a(6 of title 5, United States Code (as the case may be), but for— "(1) paragraph (2)(A) thereof; or "(2) section 7001(a)(4) of the Omnibus Budget Reconciliation Act of 1990.". (C)(i) Section 6001(b)(2) of the Omnibus Budget Reconciliation Act of 1987 (5 U.S.C. 8343a note) and section 4005(b)(2) of the Omnibus Budget Reconciliation Act of 1989 (103 Stat. 2135) are each amended by striking "described in paragraph (1)." and inserting "on which the payment described in paragraph (1) is paid.". (ii) The amendments made by clause (i) shall not apply in any case in which the first half of the lump-sum payment involved was paid before the beginning of the 11-month period which ends on the date of the enactment of this Act. (D) Section 2 of Public Law 101-227 (103 Stat. 1943) is repealed. (3) Section 8348(a)(1)(B) of title 5, United States Code, is amended by inserting "in administering alternative forms of annuities under sections 8343a and 8420a (and related provisions of law)," before " and in withholding". (4)(A) In applying the provisions of section 8343a(f) or 8420a(f) of title 5, United States Code (as amended by paragraph (1)) to any individual described in subparagraph (B), the reference in such provisions to "December 1, 1990" shall be deemed to read "December 1, 1991". (B) This paragraph applies with respect to any individual who— (i)(I) is a member of the Armed Forces of the United States who, before December 1, 1990, was called or ordered to active duty (other than for training) pursuant to section 672, 673, 673b, 674, 675, or 688 of title 10, United States Code, in connection with Operation Desert Shield; or (II) is an employee of the Department of Defense who is certified by the Secretary of Defense to have performed, after November 30, 1990, duties essential for the support of Operation Desert Shield; and (ii) would have been eligible to make an election under section 8343a or 8420a of title 5, United States Code (as amended by paragraph (1)) as of November 30, 1990. (C) The Office of Personnel Management may prescribe such regulations as may be necessary to carry out this paragraph. Qa) PRIOR REFUNDS. — (1) Section 8334(d) of title 5, United States ' (A) by striking "(d)" and inserting "(d)(1)"; and (B) by adding at the end the following: "(2)(A) This paragraph applies with respect to any employee or Member who—