Page:United States Statutes at Large Volume 116 Part 2.djvu/601

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PUBLIC LAW 107-228—SEPT. 30, 2002 116 STAT. 1383 (ii) which commences before the effective date referred to in paragraph (1)(B), shall (subject to subsection (b)(1)) be recomputed taking into account all service described in subsection (a) that was performed by such individual. (B) OTHER GASES. —An annuity or survivor annuity— (i) which is based on the service of an individual who performed service described in subsection (a), (ii) the requirements for entitlement which could not be met without taking into account service described in subsection (a), and (iii) which (if service described in subsection (a) had been taken into account, and an appropriate application been submitted) would have commenced before the effective date referred to in paragraph (1)(B), shall (subject to subsection (b)(1)) be computed taking into account all service described in subsection (a) that was performed by such individual. (C) RETROACTIVE EFFECT.— Any computation or recomputation of an annuity or survivor annuity pursuant to this paragraph shall— (i) if pursuant to subparagraph (A), be effective as of the commencement date of the annuity or survivor annuity involved; and (ii) if pursuant to subparagraph (B), be effective as of the commencement date that would have applied if application for the annuity or survivor annuity involved had been submitted on the earliest date possible in order for it to have been approved. (D) LUMP-SUM PAYMENT.— Any amounts which by virtue of subparagraph (C) are payable for any months preceding the first month (on or after the effective date referred to in paragraph (1)(B)) as of which annuity or survivor annuity pa3mients become payable fully reflecting the computation or recomputation under subparagraph (A) or (B) (as the case may be) shall be payable in the form of a lump-sum payment. (E) ORDER OF PRECEDENCE. —Section 8424(d) of title 5, United States Code, shall apply in the case of any payment under subparagraph (D) payable to an individual who has died. (f) IMPLEMENTATION. —The Office of Personnel Management, Regulations. in consultation with the Secretary, shall prescribe such regulations and take such action as may be necessary and appropriate to implement this section. SEC. 322. COMPUTATION OF FOREIGN SERVICE RETIREMENT ANNU- ITIES AS IF WASHINGTON, D.C., LOCALITY-BASED COM- PARABILITY PAYMENTS WERE MADE TO OVERSEAS-STA- TIONED FOREIGN SERVICE MEMBERS. (a) FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM. — (1) COMPUTATION OF ANNUITIES.— Section 806(a) of the Foreign Service Act of 1980 (22 U.S.C. 4046(a)) is amended by adding at the end the following new paragraph: "(9) For purposes of any annuity computation under this subsection, the basic salary or basic pay of any member of the Service whose official duty station is outside the continental United States