Amendment of Subsection (c)(2)(B)
Pub. L. 114–92, div. A, title VI, §§ 632(e)(2), 635, Nov. 25, 2015, 129 Stat. 847, 851, provided that, effective Jan. 1, 2018, with certain implementation requirements, subsection (c)(2)(B) of this section is amended by striking “(including pursuant to an agreement under section 211(d) of title 37)”. See 2015 Amendment note below.
References in Text
Section 8433(h), referred to in subsec. (h)(2)(A), was redesignated section 8433(f) by Pub. L. 103–226, § 9(b)(2), Mar. 30, 1994, 108 Stat. 119.
2015—Subsec. (c)(2)(B). Pub. L. 114–92 struck out “(including pursuant to an agreement under section 211(d) of title 37)” before “with respect to the period”.
1999—Subsec. (b)(2)(B). Pub. L. 106–65, § 661(a)(3)(A), inserted “or 8440e” after “section 8432(a)”.
Subsec. (c). Pub. L. 106–65, § 661(a)(3)(C), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2).
Pub. L. 103–353, § 4(e), (f), Oct. 13, 1994, 108 Stat. 3172, 3173, provided that:
“(e)Effective Date; Applicability.—This section [enacting this section and amending sections 8351, 8432, and 8433 of this title] and the amendments made by this section—
shall take effect on the date of enactment of this Act [Oct. 13, 1994]; and
shall apply to any employee whose release from military service, discharge from hospitalization, or other similar event making the individual eligible to seek restoration or reemployment under chapter 43 of title 38,
United States Code, occurs on or after August 2, 1990
“(f)Rules for Applying Amendments to Employees Restored or Reemployed Before Effective Date.—In the case of any employee (described in subsection (e)(2)) who is reemployed or restored (in the circumstances described in section 8432b(a) of title 5, United States Code, as amended by this section) before the date of enactment of this Act [Oct. 13, 1994], the amendments made by this section [enacting this section and amending sections 8351, 8432, and 8433 of this title] shall apply to such employee, in accordance with their terms, subject to the following:
“(1) The employee shall be deemed not to have been reemployed or restored until—
the date of enactment of this Act, or
the first day following such employee’s reemployment or restoration on which such employee is or was eligible to make an election relating to contributions to the Thrift Savings Fund,
whichever occurs or occurred first.
If the employee changed agencies during the period between the date of actual reemployment or restoration and the date of enactment of this Act, the employing agency as of such date of enactment shall be considered the reemploying or restoring agency.
For purposes of any computation under section 8432b of such title, pay shall be determined in accordance with subsection (e) of such section, except that, with respect to the period described in subparagraph (B), actual pay attributable to such period shall be used.
The period described in this subparagraph is the period beginning on the first day of the first applicable pay period beginning on or after the date of the employee’s actual reemployment or restoration and ending on the day before the date determined under paragraph (1).
Deem section 8432b(b)(2)(A) of such title to be amended by striking ‘ending on the day before the date of restoration or reemployment (as applicable)’ and inserting ‘ending on the date determined under section 4(f)(1) of the Uniformed Services Employment and Reemployment Rights Act of 1994’.”