Page:United States Statutes at Large Volume 106 Part 4.djvu/495

This page needs to be proofread.

PUBLIC LAW 102-496—OCT. 24, 1992 106 STAT. 3231 "(3) ADDITIONAL CONTRIBUTIONS; REFUNDS. — A participant whose contributions are transferred pursuant to paragraph (1) shall not be required to make additional contributions for periods of service for which full contributions were made to the other Government retirement fund, nor shall any refund be made to any such participant on account of contributions made diirin^ any period t.o the other Government retirement fund at a higher rate than that fixed for employees by section 8334(c) of title 5, United States Code, for contributions to the fund. "(d) TRANSFER TO OTHER CJOVERNMENT RETIREMENT SYSTEMS.—

    • (1) IN GENERAL.—If a participant in the system becomes

an employee under another Government retirement system by direct transfer to employment covered by such system, the Government's contributions (including interest accrued thereon computed in accordance with section 8334(e) of title 5, United States Code) to the fund on the participant's behalf as well as the participant's total contributions and deposits (including interest accrued thereon), except voluntary contributions, shall be transferred to the participant's credit in the fund of such other retirement system effective as of the date on which the participant becomes eligible to participate in such other retirement system. "(2) CONSENT OF EMPLOYEE. — Each such employee shall be deemed to consent to the transfer of such funds, and such transfer shall be a complete discharge and acquittance of all claims and demands against the fund on account of service rendered before the participant's becoming eligible for participation in that other system. "(e) PRIOR MILITARY SERVICE CREDIT. — "(1) APPLICATION TO OBTAIN CREDIT. — If a deposit required to obtain credit for prior military service described in subsection (a)(2) was not made to another Government retirement fund and transferred under subsection (c)(D, the participant may obtain credit for such military service, subject to the provisions of this subsection and subsections (f) through (h), by applying for it to the Director before retirement or separation from the Agency. "(2) EMPLOYMENT STARTING BEFORE, ON, OR AFTER OCTOBER 1, 1982. — Except as provided in paragraph (3)— "(A) the service of a participant who first became a Federal employee before October 1, 1982, shall include credit for each period of military service performed before the date of separation on which entitlement to an annuity under this title is based, subject to section 252(f); and "(B) the service of a participant who first becomes a Federal employee on or after October 1, 1982, shall include credit for— "(i) each period of military service performed before January 1, 1957, and "(ii) each period of military service performed after December 31, 1956, and before the separation on which entitlement to an annuity under this title is based, only if a deposit (with interest, if any) is made with respect to that period, as provided in subsection (h). "(3) EFFECT OF RECEIPT OF MILITARY RETIRED PAY. —In the case of a participant who is entitled to retired pay based on a period of military service, the participant's service may not