Page:United States Statutes at Large Volume 108 Part 4.djvu/538

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108 STAT. 3172 PUBLIC LAW 103-353—OCT. 13, 1994 (2) The table of sections for chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8432a the following: "8432b. Contributions of persons who perform military service.". (b) PRESERVATION OF CERTAIN RIGHTS.—(1) Section 8433(d) of title 5, United States Code, is amended by striking "subsection (e)." and inserting "subsection (3), unless an election under section 8432b(h)(2) is made to treat s ich separation for purposes of this subsection as if it had never occurred.". (2) Paragraphs (1) and (2) of section 8433(h) are each amended by striking the period at the end and inserting ", or unless an election under section 8432b(h)(2) is made to treat such separation for purposes of this paragraph as if it had never occurred.". (c) ELECTION To RESUME REGULAR CONTRIBUTIONS UPON RES- TORATION OR REEMPLOYMENT.—Section 8432 of title 5, United States Code, is amended by adding at the end the following: "(i)(l) This subsection applies to any employee— "(A) to whom section 8432b applies; and "(B) who, during the period of such employee's absence from civilian service (as referred to in section 8432b(b)(2)(B))— "(i) is eligible to make an election described in subsection (b)(1); or " (ii) would be so eligible but for having either elected to terminate individual contributions to the Thrift Savings Fund within 2 months before commencing military service or separated in order to perform military service. Regulations. "(2) The Executive Director shall prescribe regulations to ensure that any employee to whom this subsection applies shall, within a reasonable time after being restored or reemployed (in the manner described in section 8432b(a)(2)), be afforded the opportunity to make, for purposes of this section, any election which would be allowable during a period described in subsection (b)(1)(A).". (d) APPLICABILITY TO EMPLOYEES UNDER CSRS.—Section 8351(b) of title 5, United States Code, is amended by adding at the enc the following: " (1) In applying section 8432b to an employee contributing to the Thrift Savings Fund after being restored to or reemployed in a position subject to this subchapter, pursuant to chapter 43 of title 38— "(A) any reference in such section to contributions under section 8432(a) shall be considered a reference to employee contributions under this section; "(B) the contribution rate under section 8432b(b)(2)(A) shall be the maximum percentage allowable under subsection (b)(2) of this section; and "(C) subsections (c) and (d) of section 8432b shall be disregarded.". 5 USC 8432b (e) EFFECTIVE DATE; APPLICABILITY. —This section and the "°*®- amendments made by this section— (1) shall take effect on the date of enactment of this Act; and (2) 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 reemploy- ment under chapter 43 of title 38, United States Code, occurs on or after August 2, 1990.