113 STAT. 1501A-440 PUBLIC LAW 106-113—APPENDIX G "(1) is an 'employee' as defined under section 2105 of title 5, United States Code; and "(2) is employed by the Department of State, the United States Agency for International Development, or the International Joint Commission of the United States and Canada (established under Article VII of the treaty signed January 11, 1909) (36 Stat. 2448), except that the term shall not include members of the Service (as specified in section 103). "(c) TREATMENT AS BASIC PAY.— An equalization pay adjustment paid under this section shall be considered to be part of basic pay for the same purposes for which comparability pa5mnLents are considered to be part of basic pay under section 5304 of title 5, United States Code. "(d) REGULATIONS. —The heads of the agencies referred to in subsection (b)(2) may prescribe regulations to carry out this section.". (b) CONFORMING AMENDMENT.— The table of contents for the Foreign Service Act of 1980 is amended by inserting after the item relating to section 413 the following new item: "Sec. 414. Border equalization pay adjustment.". SEC. 334. TREATMENT OF CERTAIN PERSONS REEMPLOYED AFTER SERVICE WITH INTERNATIONAL ORGANIZATIONS. (a) IN GENERAL. —Title 5 of the United States Code is amended by inserting after section 8432b the following new section: ^§ 8432c. Contributions of certain persons reemployed after service with international organizations "(a) In this section, the term 'covered person' means any person who— "(1) transfers from a position of employment covered by chapter 83 or 84 or subchapter I or II of chapter 8 of the Foreign Service Act of 1980 to a position of employment with an international organization pursuant to section 3582; "(2) pursuant to section 3582 elects to retain coverage, rights, and benefits under any system established by law for the retirement of persons during the period of employment with the international organization and currently deposits the necessary deductions in payment for such coverage, rights, and benefits in the system's fund; and "(3) is reemployed pursuant to section 3582(b) to a position covered by chapter 83 or 84 or subchapter I or II of chapter 8 of the Foreign Service Act of 1980 after separation from the international organization. "(b)(1) Each covered person may contribute to the Thrift Savings Fund, in accordance with this subsection, an amount not to exceed the amount described in paragraph (2). "(2) The maximum amount which a covered person may contribute under paragraph (1) is equal to— "(A) the total amount of all contributions under section 8351(b)(2) or 8432(a), as applicable, which the person would have made over the period beginning on the date of transfer of the person (as described in subsection (a)(1)) and ending on the day before the date of reemplo5nTient of the person (as described in subsection (a)(3)), minus
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