106 STAT. 3232 PUBLIC LAW 102-496—OCT. 24, 1992 include credit for such period of military service unless the retired pay is paid— "(A) on account of a service-connected disability— "(i) incurred in combat with an enemy of the United States; or "(ii) caused by an instrumentality of war and incurred in the line of duty during a period of war (as defined in section 1101 of title 38, United States Code); or "(B) under chapter 67 of title 10, United States Code. "(4) SURVIVOR ANNUITY.— Notwithstanding paragraph (3), the survivor annuity of a survivor of a participantr-- "(A) who was awarded retired pay based on any period of military service, and "(B) whose death occurs before separation from the Agency, shall be computed in accordance with section 8332(c)(3) of title 5, United States Code. "(0 EFFECT OF ENTITLEMENT TO SOCIAL SECURITY BENEFITS. —
- (1) IN GENERAL. —Notwithstanding any other provision of
this section (except paragraph (3) of this subsection) or section 253, any military service (other than military service covered by military leave with pay from a civilian position) performed by a participant after December 1956 shall be excluded in determining the aggregate period of service on which an annuity payable under this title to such participant or to the participant's spouse, former spouse, previous spouse, or child is based, if such participant, spouse, former spouse, previous spouse, or child is entitled (or would upon proper application be entitled), at the time of such determination, to monthly old-age or survivors' insurance benefits under section 202 of uie Social Security Act (42 U.S.C. 402), based on such participant's wages and self-employment income. If the military service is not excluded under the preceding sentence, but upon attaining age 62, the participant or spouse, former spouse, or previous spouse becomes entitled (or would upon proper application be entitled) to such benefits, the aggregate period oi service on which Uie annuity is based shalT be redetermined, effective as of the first day of the month in which the participant or spouse, former spouse, or previous spouse attains age 62, so as to exclude such service.
- (2) LIMITATION.— The provisions of paragraph (1) relating
to credit for military service do not apply to— "(A) any period of military service of a participant with respect to which the participant has made a deposit with interest, if any, under subsection (h); or "(B) the military service of any participant described in subsection (e)(2)(B). "(3) EFFECT OF ENTITLEMENT BEFORE SEPTEMBER 8, 1982.— (A) The annuity recomputation required by paragraph (1) shall not apply to any participant who was entitled to an annuity under this title on or before September 8, 1982, or who is entitled to a deferred annuity based on separation from the Agency occurring on or before such date. Instead of an annuity recomputation, the annuity of such participant shall be reduced at age 62 by an amount equal to a fraction of the participant's old-age or survivors' insurance benefits under section 202 of
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