Amendment of Subsection (h)(2)(A)
Pub. L. 115–84, § 2(e), (g), Nov. 17, 2017, 131 Stat. 1273, provided that, effective on the date on which the regulations prescribed under section 2(f) of Pub. L. 115–84 (set out as a note under section 8433 of this title) take effect, subsection (h)(2)(A) of this section is amended by striking “section 8433(d), or paragraph (1) or (2) of section 8433(h)” and inserting “subsection (d) or (f) of section 8433”. See 2017 Amendment note below.
2017—Subsec. (h)(2)(A). Pub. L. 115–84 substituted “subsection (d) or (f) of section 8433” for “section 8433(d), or paragraph (1) or (2) of section 8433(h)”.
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).
Statutory Notes and Related Subsidiaries
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).