(Added Pub. L. 99–335, title II, § 204(a),June 6, 1986, 100 Stat. 591; amended Pub. L. 101–428, § 2(d)(5),Oct. 15, 1990, 104 Stat. 929; Pub. L. 101–508, title VII, § 7001(a)(1),Nov. 5, 1990, 104 Stat. 1388–327; Pub. L. 103–66, title XI, § 11002(a),Aug. 10, 1993, 107 Stat. 409; Pub. L. 105–61, title V, § 516(a)(5),Oct. 10, 1997, 111 Stat. 1306; Pub. L. 106–553, § 1(a)(2) [title III, § 308(h)(5)], Dec. 21, 2000, 114 Stat. 2762, 2762A–89.)
2000—Subsec. (c). Pub. L. 106–553
substituted “(a)–(i), (n), (q), (r), and (s)” for “(a)–(i), (n), (q), and (r)”.
1997—Subsec. (c). Pub. L. 105–61
, which directed the substitution of “(q), and (r) of section
” for “and (q) of section
of this title” in section
8334a(c), was executed by making the substitution in subsec. (c) of this section to reflect the probable intent of Congress, because there is no section
8334a in this title.
1993—Subsec. (a). Pub. L. 103–66
, § 11002(a)(1), substituted “any employee or Member who has a life-threatening affliction or other critical medical condition” for “an employee or Member”.
Subsec. (f). Pub. L. 103–66
, § 11002(a)(2), struck out subsec. (f) which prohibited election of alternative form of annuity where commencement date would be after Dec. 1, 1990, with certain exceptions.
1990—Subsec. (c). Pub. L. 101–428
substituted “(a)–(i), (n), and (q)” for “(a)–(i) and (n)”.
Subsec. (f). Pub. L. 101–508
added subsec. (f).
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–553
effective on the first day of the first applicable pay period that begins on Dec. 21, 2000, and applicable only to an individual who is employed as a member of the Supreme Court Police after Dec. 21, 2000, see section
1(a)(2) [title III, § 308(i), (j)] of Pub. L. 106–553
, set out in a Supreme Court Police Retirement note under section
of this title.
Effective Date of 1997 Amendment
Amendment by Pub. L. 105–61
applicable to any annuity commencing before, on, or after Oct. 10, 1997, and effective with regard to any payment made after the first month following Oct. 10, 1997, see section 516(b) ofPub. L. 105–61
, set out as a note under section
of this title.
Effective Date of 1993 Amendment
Section 11002(d) ofPub. L. 103–66
provided that: “The amendments made by this section [amending this section and section
of this title, section
, Foreign Relations and Intercourse, and section
, War and National Defense] shall become effective on October 1, 1994, and shall apply with respect to any annuity commencing on or after that date.”
Section effective June 6, 1986, see section 702(b)(3) ofPub. L. 99–335
, set out as a note under section
of this title.
Applicability of Sections 8343a(f) and 8420a(f) to Individuals Called to or Performing Duty in Connection With Operation Desert Shield
Section 7001(a)(4) ofPub. L. 101–508
“(A) In applying the provisions of section
, United States Code (as amended by paragraph (1)) to any individual described in subparagraph (B), the reference in such provisions to ‘December 1, 1990’ shall be deemed to read ‘December 1, 1991’.
“(B) This paragraph applies with respect to any individual who—
“(i)(I) is a member of the Armed Forces of the United States who, before December 1, 1990, was called or ordered to active duty (other than for training) pursuant to section
672 [now 12301], 673 [now 12302], 673b [now 12304], 674 [now 12306], 675 [now 12307], or 688 of title 10, United States Code, in connection with Operation Desert Shield; or
“(II) is an employee of the Department of Defense who is certified by the Secretary of Defense to have performed, after November 30, 1990, duties essential for the support of Operation Desert Shield; and
“(ii) would have been eligible to make an election under section
, United States Code (as amended by paragraph (1)) as of November 30, 1990.
“(C) The Office of Personnel Management may prescribe such regulations as may be necessary to carry out this paragraph.”
Partial Deferred Payment of Lump-Sum Credit for Certain Individuals Electing Alternative Forms of Annuities
Pub. L. 101–239
, title IV, § 4005,Dec. 19, 1989, 103 Stat. 2135
, as amended by Pub. L. 101–508
, title VII, § 7001(a)(2)(A)–(C)(i), Nov. 5, 1990, 104 Stat. 1388–328
, provided that:
“(a) In General.—Notwithstanding any other provision of law, and except as provided in subsection (c), any lump-sum credit payable to an employee or Member pursuant to the election of an alternative form of annuity by such employee or Member under section
, United States Code, shall be paid in accordance with the schedule under subsection (b) (instead of the schedule which would otherwise apply), if the commencement date of the annuity payable to such employee or Member occurs after December 2, 1989, and before December 2, 1990.
“(b) Schedule of Payments.—The schedule of payment of any lump-sum credit subject to this section is as follows:
“(1) 50 percent of the lump-sum credit shall be payable on the date on which, but for the enactment of this section, the full amount of the lump-sum credit would otherwise be payable.
“(2) The remainder of the lump-sum credit shall be payable on the date which occurs 12 months after the date on which the payment described in paragraph (1) is paid.
An amount payable in accordance with paragraph (2) shall be payable with interest, computed using the rate under section
(e)(3) of title
5, United States Code.
“(c) Exceptions.—The Office of Personnel Management shall prescribe regulations to provide that, unless the individual involved indicates otherwise by written notice to the Office (submitted at such time and in such manner as the regulations may require), this section shall not apply—
“(1) in the case of any individual who is separated from Government service involuntarily, other than for cause on charges of misconduct or delinquency; and
“(2) in the case of any individual as to whom the application of this section would be against equity and good conscience, due to a life-threatening affliction or other critical medical condition affecting such individual.
“(d) Annuity Benefits Not Affected.—Nothing in this section shall affect the commencement date, the amount, or any other aspect of any annuity benefits payable under section
, United States Code.
“(e) Definitions.—For purposes of this section, the terms ‘lump-sum credit’, ‘employee’, and ‘Member’ each has the meaning given such term by section
, United States Code, as appropriate.
“(f) Continued Applicability.—The preceding provisions of this section (disregarding the provision in subsection (a) limiting this section’s applicability to annuities commencing before the date specified in such provision) shall also apply in the case of any employee or Member whose election of an alternative form of annuity would not have been allowable under section
, United States Code (as the case may be), but for—
“(1) paragraph (2)(A) thereof; or
“(2) section 7001(a)(4) of the Omnibus Budget Reconciliation Act of 1990 [Pub. L. 101–508
, set out as a note above].”
[Section 7001(a)(2)(C)(ii) ofPub. L. 101–508
provided that: “The amendments made by clause (i) [amending section 4005 ofPub. L. 101–239
and section 6001 ofPub. L. 100–203
, set out as notes above and below] shall not apply in any case in which the first half of the lump-sum payment involved was paid before the beginning of the 11-month period which ends on the date of the enactment of this Act [Nov. 5, 1990].”]
Similar provisions were contained in the following acts:
Pub. L. 101–227
, § 2,Dec. 12, 1989, 103 Stat. 1943
, which was repealed by Pub. L. 101–508
, title VII, § 7001(a)(2)(D),Nov. 5, 1990, 104 Stat. 1388–328
Pub. L. 100–203
, title VI, § 6001,Dec. 22, 1987, 101 Stat. 1330–275
, as amended by Pub. L. 101–103
, § 6,Sept. 30, 1989, 103 Stat. 672
; Pub. L. 101–508
, title VII, § 7001(a)(2)(C)(i),Nov. 5, 1990, 104 Stat. 1388–328