Page:United States Statutes at Large Volume 108 Part 4.djvu/88

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108 STAT. 2722 PUBLIC LAW 103-337—OCT. 5, 1994 is entitled to immediate payment of retired or retainer pay as a member or former member of the uniformed services or to an immediate annuity under— "(i) a retirement system for persons retiring from employ- ment by a nonappropriated fund instrumentality; "(ii) subchapter III of chapter 83 of this title; "(iii) subchapter II of chapter 84 of this title; or "(iv) any other retirement system of the Federal Government for persons retiring from emplo)niient with the Federal Government. "(3) Upon resumption of pa5niient of severance pay under paragraph (2)(A) in the case of a person separated as described in such paragraph, the amount of the severance pay so payable for a period shall be reduced (but not below zero) by the portion (if any) of the amount of any severance pay payable for such period to the person by the nonappropriated fund instrumentality that is attributable to credit for service taken into account under subsection (c) in the computation of the amount of the severance pay so resumed. "(4) Paragraph (1) applies to a person who, on or after January 1, 1987, moves without a break in service— "(A) from employment in the Department of Defense that is not employment in a defense nonappropriated fund instrumentality to employment in a defense nonappropriated fund instrumentality; or "(B) from employment in the Coast Guard that is not employment in a Coast Guard nonappropriated fund instrumentality to employment in a Coast Guard nonappropriated fund instrumentality. Regulations. "(5) The Secretary of Defense, in consultation with the Secretary of Transportation, shall prescribe regulations to carry out this subsection. "(6) In this subsection: "(A) The term 'defense nonappropriated fund instrumentality* means a nonappropriated fund instrumentality of the Department of Defense. "(B) The term 'Coast Guard nonappropriated fund instrumentality means a nonappropriated fund instrumentality of the Coast Guard. "(C) The term 'nonappropriated fund instrumentality* means a nonappropriated fund instrumentality described in section 2105(c) of this title.". 5 USC 5595 note. (b) APPLICABILITY. —Subsection (h) of section 5595 of title 5, United States Code, as added by subsection (a), shall apply with respect to pay periods that begin on or after the date of the enactment of this Act. SEC. 344. RETIREMENT CREDIT FOR CERTAIN SERVICE IN NONAPPROPRIATED FUND INSTRUMENTALITIES BEFORE JANUARY 1, 1987. (a) STUDY REQUIRED.— The Secretary of Defense, in consultation with the Director of the Office of Personnel Management, shall conduct a study to determine the level of interest among employees referred to in subsection (b) in obtaining credit under the Civil Service Retirement System or the Federal Employees' Retirement System for former service described in such subsection as an