Page:United States Statutes at Large Volume 106 Part 3.djvu/949

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PUBLIC LAW 102-484—OCT. 23, 1992 106 STAT. 2743 (ii) is separated from active duty or full-time National Guard duty pursuant to a special separation benefits program under section 1174a of title 10, United States Code, or the voluntary sepcuration incentive program under section 1175 of that title; "(C) is not entitled to retired or retainer pay incident to that separation; and "(D) applies for such training, adjustment assistance, or employment services before the end of the 180-day period beginning on the date of that separation. "(2) CERTAIN DEFENSE EMPLOYEES. — "(A) IN GENERAL.— Except as provided in subparagraph (B), a civilian employee of the Department of Defense or the Department of Energy shall be eligible for training, adjustment assistance, and employment services under this section if the employee—

    • (i) during the 5-year period beginning on October 1, 1992, is terminated or laid off (or receives a

notice of termination or lay ofiD from such employment as a result of reductions in defense spending, as determined by the Secretary of Defense or the Secretary of Energy, except that, in the case of a notice of termination or lay off, the eligibility of the employee shall not begin until 180 days before the projected date of the termination or lay off; and "(ii) is not entitled to retired or retainer pay incident to that termination or lay off. "(B) SPECIAL RULE FOR CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE EMPLOYED AT CERTAIN MILITARY INSTALLATIONS.— "(i) IN GENERAL. —A civilian employee of the Department of Defense employed at a military installation being closed or realigned under the laws referred to in clause (ii) shall be eligible for training, a4justment assistance, and employment services under this section beginning on the date on which such employee receives actual notice of termination, or the date determined by the Secretary of Defense under clause (iii), whichever occurs earlier. "(ii) CERTAIN DEFENSE LAWS. — The laws referred to in this clause are— "(I) the Defense Base Closure and Realignment Act of 1990 (part A of title XXK of Public Law 101-610; 10 U.S.C. 2687 note); and "(ID title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note). "(iii) DATE. —The date determined under this clause is the date that is 24 months before the date on which the military installation is to be closed or the realignment of the installation is to be completed, as the case may be. "(3) CERTAIN DEFENSE CONTRACTOR EMPLOYEES. —An employee of a private defense contractor shall be eligible for training, adjustment assistance, and employment services under Uiis section if the employe