Page:United States Statutes at Large Volume 101 Part 2.djvu/772

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101 STAT. 1329-429
PUBLIC LAW 100-000—MMMM. DD, 1987
101 STAT. 1329-429

101 STAT. 1329-429

PUBLIC LAW 100-202—DEC. 22, 1987

"(i) shall be computed for the period beginning on the effective date of the withdrawal or reduction involved and ending on a date not more than 30 days before the date on which payment is made; "(ii) shall be computed at the rate or rates in effect under is section 6621(a)(l) of the Internal Revenue Code of 1986 during the period described in clause (i); and ,«.' "(iii) shall be compounded daily. "(C) Interest under this paragraph shall be paid out of amounts available for payments under paragraph (1) of this subsection.". 5 USC 5596 note.

(b) EFFECTIVE D A T E. —

(1) GENERALLY.—Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to any employee found, in a final judgment entered or a final decision otherwise rendered on or after such date, to have been the subject of an unjustified or unwarranted personnel action, the correction of which entitles such employee to an amount under section 5596(b)(l)(A)(i) of title 5, United States Code. (2) EXCEPTION.— (A) CASES IN WHICH A RIGHT TO INTEREST WAS RESERVED.—

The amendments made by subsection (a) shall also apply .^^^ with respect to any claim which was brought under section 5596 of title 5, United States Code, and with respect to , , which a final judgment was entered or a final decision was otherwise rendered before the date of the enactment of this Act, if, under terms of such judgment or decision, a right to interest was specifically reserved, contingent on the enactment of a statute authorizing the payment of interest on claims brought under such section 5596. (B) METHOD OF COMPUTING INTEREST.—The amount of interest payable under this paragraph with respect to a ^. claim shall be determined in accordance with section 5596(b)(2)(B) of title 5, United States Code (as amended by ... t: this section). (C) SOURCE.—An amount payable under this paragraph shall be paid from the appropriation made by section 1304 of title 31, United States Code, notwithstsuiding section 5596a)X2XC) of title 5, United States Code (as amended by this section) or any other provision of law. (D) DEADLINE.—An application for a payment under this paragraph shall be ineffective if it is filed after the end of the 1-year period beginning on the date of the enactment of this Act. (E) LIMITATION ON PAYMENTS.—Payments under this paragraph may not be made before October 1, 1988, except that interest shall continue to accrue in accordance with 559603X2XB) of title 5, United States Code. SEC. 624. (a) Section 77010') of title 26, United States Code, is amended— (1) by deleting from paragraph (IXc) the words "the provisions of paragraph (2) and following the words "subject to"; and (2) by deleting paragraph (2) in its entirety and substituting in lieu thereof the following language: "NONDISCRIMINATION REQUIREMENTS.—Notwithstanding any other provision of law, the Thrift Savings Fund is not subject to the nondiscrimination