Page:United States Statutes at Large Volume 116 Part 2.djvu/599

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PUBLIC LAW 107-228—SEPT. 30, 2002 116 STAT. 1381 (4) such service would not otherwise be creditable under the Federal Employees' Retirement System or any other retirement system for employees of the United States Government (disregarding title II of the Social Security Act); and (5) the total amount of service performed by such individual (satisfying paragraphs (1) through (4)) is not less than 90 days. (b) REQUIREMENTS.— (1) REQUIREMENTS OF THE INDIVIDUAL.— In order to receive credit under chapter 84 of title 5, United States Code, for any service described in subsection (a), the individual who performed such service (or, if deceased, any person who is or would be eligible for a survivor annuity under the Federal Employees' Retirement System based on the service of such individual)— (A) shall file a written application with the Office Deadline, of Personnel Management not later than 36 months after the effective date of the regulations prescribed to carry out this section (as specified in those regulations); and (B) shall remit to the Office (for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund) the total amount that, under section 8422 of such title 5, should have been deducted from the basic pay of such individual for such service if such service had then been creditable under such chapter 84. (2) GOVERNMENT CONTRIBUTIONS.— (A) IN GENERAL.—In addition to any other payment that it is required to make under chapter 84 of title 5, United States Code, a department, agency, or other instrumentality of the United States shall remit to the Office of Personnel Management (for deposit in the Treasury of the United States to the credit of the Fund) the amount described in subparagraph (B). (B) AMOUNT DESCRIBED.— The amount described in this subparagraph is, with respect to a remittance under paragraph (1), the total amount of Government contributions that would, under section 8423 of title 5, United States Code, have been required of the instrumentality involved (to the extent that it was the employing entity during the period of service to which such remittance relates) in connection with such service. (C) SPECIAL RULE.— If an amount cannot be remitted under this paragraph because an instrumentality has ceased to exist, such amount shall instead be treated as part of the supplemental liability referred to in section 8423(b)(1)(A) or (B) of title 5, United States Code (whichever would be appropriate). (3) RELATED REQUIREMENTS. — Any remittance under paragraph (1) or (2)— (A) shall be made in such time, form, and manner as the Office of Personnel Management may by regulation require; and (B) shall be computed with interest (in accordance with section 8334(e) of title 5, United States Code, and such requirements as the Office may by regulation prescribe).