104 STAT. 1464 PUBLIC LAW 101-509—NOV. 5, 1990 "(1) performed service in the employ of an institution of higher education immediately prior to his appointment as a member of the Service, and "(2) retains the right to continue to make contributions to the retirement system of such institution, contribute an amount not to exceed 10 percent per annum of the member's basic pay to such institution's retirement system on behalf of such member. A member who requests that such contribution be made shall not be covered by, or earn service credit under, any retirement system established for employees of the United States under title 5, United States Code, but such service shall be creditable for determining years of service under section 6303(a) of such title. "(f) Subject to the following sentence, the Secretary may, notwithstanding the provisions of title 5, United States 0)de, regarding appointment, appoint an individual who is separated from the Service involuntarily and without cause to a position in the competitive civil service at GS-15 of the General Schedule, and such appointment shall be a career appointment. In the case of such an individual who immediately prior to his appointment to the Service was not a career appointee in the civil service or the Senior Executive Service, such appointment shall be in the excepted civil service and may not exceed a period of 2 years. Regulations. "(g) The Secretary shall promulgate such rules and regulations, not inconsistent with this section, as may be necessary for the efficient administration of the Service.", (b) TECHNICAL AND CONFORMING AMENDMENTS.— Section 211(d) of 42 USC 212. the Public Health Service Act is amended by— (1) striking out "and" at the end of paragraph (2); (2) striking out the period at the end of paragraph (3) and inserting in lieu thereof "; and"; and (3) adding at the end thereof a new paragraph as follows: "(4) service performed as a member of the Senior Biomedical Research Service established by section 228, except that, if there are more than 5 years of such service, only the last 5 years thereof may be included.". 42 USC 212 note. (c) EFFECTIVE DATE. —Except as otherwise provided, the provisions of this section shall be effective on the 90th day following the date of the enactment of this Act. 5 USC 5301 note. SEC. 305. EFFECTIVE DATE. (a) GENERALLY.—Except as otherwise provided in this Act, this Act and the amendments made by this Act shall take effect on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after the date of enactment of this Act. (b) SPECIAL RULE.—The first calendar year in which comparability payments under section 5304 of title 5, United States Code (as amended by this Act), are paid shall be the calendar year beginning on January 1, 1994. 5 USC 5301 note. SEC. 306. ADDITIONAL RULE OF CONSTRUCTION. Notwithstanding section 10)), a reference in any of the preceding provisions of this title to "this Act" (other than a reference in section 301) shall not be considered to include any provision of title IV.
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