12 2 STA T . 2 609PUBLIC LA W 110 – 2 7 9 —J UL Y 17 , 200 8(B)exc e ptas p rovid ed un der para g rap h ( 2 ) , a covered individua l— (i) w hose e m plo y ment with a contractor is termi - nated as provided under a f ood services contract during the 90 -day period following the transfer date
and (ii) on the date of such termination— ( I ) has completed 2 5 years of service as defined under section 83 3 1 (12) or 8 4 01(2 6 ) of title 5, U nited S tates C ode; or (II) has completed 20 years of such service and is at least 50 years of age . (2) EXCEPTION .— P aragraph (1)(B) shall not apply to a cov- ered individual who is terminated for cause. (3) TR E A T M ENT.— ( A ) ANN U IT Y .— N otwithstanding any provision of chapter 83 or 84 of title 5, United States Code, an employee descri b ed under paragraph (1) is entitled to an annuity which shall be computed consistent with the provisions of law applicable to annuities under section 8336(d) or 8414(b) of title 5, United States Code. (B) SEPARATION D URIN G90 -DAY PERIOD.— F or purposes of chapter 83 or 84 of title 5, United States Code— (i) any period of continuous service performed by a covered individual described under paragraphs (1)(B) and (2) as an employee of a contractor shall be deemed to be a period of service as an employee of the Architect of the Capitol; and (ii) any termination of employment of a covered individual described under paragraphs (1)(B) and (2) with a contractor shall be treated as a separation from service with the Architect of the Capitol. (g) CONGRE S SIONA L ACCOUNTA B ILITY ACT O F 1995.— (1) EMPLOYEES OF T H E ARCHITECT OF THE CAPITOL.—Section 101(5) of the Congressional Accountability Act of 1995 (2 U.S.C. 1301(5)) is amended by stri k ing ‘ ‘, the Botanic G arden, or the Senate R estaurant ’ ’ and inserting ‘‘or the Botanic Garden’’. (2) D ISABILITIES.—Section 210(a)( 7 ) of the Congressional Accountability Act of 1995 (2 U.S.C. 1331(a)(7)) is amended by striking ‘‘the Senate Restaurants and the Botanic Garden’’ and inserting ‘‘the Botanic Garden’’. (3) CONTINUING APPLICATION TO CERTAIN ACTS AND OMIS- SIONS.—For purposes of the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et se q .) a covered individual shall be treated as an employee of the Architect of the Capitol with respect to any act or omission which occurred before the transfer date. (h) DEPOSIT OF COMMISSIONS.— (1) SENATE RESTAURANTS FOOD SER V ICES CONTRACT.—Any commissions paid by a contractor under a food services contract shall be deposited in the miscellaneous items account within the contingent fund of the Senate. (2) USE OF FUNDS.—Any funds deposited under paragraph (1) shall be available for expenditure in the same manner as funds appropriated into that account.
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