Page:United States Statutes at Large Volume 113 Part 3.djvu/301

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PUBLIC LAW 106-168—DEC. 12, 1999 113 STAT. 1819 determined without regard to any deposit or redeposit requirement under either such subchapter or under such benefit structure, or any requirement that the individual become subject to either such subchapter or to such benefit structure after performing the service involved; or". (2) EXCEPTION. —Subsection (d) of section 8402 of title 5, United States Code, is amended to read as follows: "(d) Paragraph (2) of subsection (b) shall not apply to an individual who— "(1) becomes subject to— "(A) subchapter II of chapter 8 of title I of the Foreign Service Act of 1980 (relating to the Foreign Service Pension System) pursuant to an election; or "(B) the benefit structure in which employees of the Board of Governors of the Federal Reserve System appointed on or after January 1, 1984, participate, which benefit structure is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act (and any redesignated or successor version of such benefit structure, if so identified in writing by the Board of Governors of the Federal Reserve System for purposes of this chapter); and "(2) subsequently enters a position in which, but for paragraph (2) of subsection (b), such individual would be subject to this chapter.". (c) PROVISIONS RELATING TO CERTAIN FORMER EMPLOYEES. — 5 USC 8402 note. A former employee of the Board of Governors of the Federal Reserve System who— (1) has at least 5 years of civilian service (other than any service performed in the employ of a Federal Reserve Bank) creditable under the benefit structure for employees of the Board of Governors of the Federal Reserve System appointed before January 1, 1984, that is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act; (2) was subsequently employed subject to the benefit structure in which employees of the Board of Governors of the Federal Reserve System appointed on or after January 1, 1984, participate, which benefit structure is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act (and any redesignated or successor version of such benefit structure, if so identified in writing by the Board of Governors of the Federal Reserve System for purposes of chapter 84 of title 5, United States Code); and (3) after service described in paragraph (2), becomes subject to and thereafter entitled to benefits under chapter 84 of title 5, United States Code, shall, for purposes of section 302 of the Federal Employees' Retirement System Act of 1986 (100 Stat. 601; 5 U.S.C. 8331 note) be considered to have become subject to chapter 84 of title 5, United States Code, pursuant to an election under section 301 of such Act. (d) EFFECTIVE DATE. — 5 USC 8402 note. (1) IN GENERAL. —Subject to succeeding provisions of this subsection, this section and the amendments made by this