PUBLIC LAW 94-397—SEPT. 3, 1976
90 STAT. 1203
If the annuitant dies while still reemployed and the described employment had continued for at least 5 years, or the equivalent of 5 years in the case of part-time employment, the person entitled to survivor annuity under section 8341(b) of this title may elect to deposit in the 5 USC 8341. Fund and have his rights redetermined under this subchapter.". (b) Section 8344 of title 5, United States Code, is amended— (1) by redesignating subsections (b) and (c) thereof as subsections (d) and (e), respectively; and (2) by inserting immediately after subsection (a) thereof the following new subsections: "(b) If an annuitant, other than a Member receiving an annuity from the Fund, whose annuity is based on an involuntary separation (other than an automatic separation or an involuntary separation for cause or charges on misconduct or delinquency) is reemployed in a position in which he is subject to this subchapter, payment of the annuity terminates on reemployment. "(c) If an annuitant, other than a Member receiving an annuity from the Fund, is appointed by the President to a position in which he is subject to this subchapter, payment of the annuity terminates on reemployment.. (c) Section 8344(d) of title 5, United States Code, as redesignated by this Act, is amended by striking out the last sentence. (d) Section 8339(f)(2)(C) of title 5, United States Code, is amended by striking out "8344(b)(1)" and inserting in lieu thereof "8344(d)(1)". SEC. 2. (a) Except as provided under subsection (b) of this section, Effective date. the amendments made by this Act shall become effective on the date of 5 USC 8344 note. the enactment of this Act or October 1, 1976, whichever is later, and shall apply to annuitants serving in appointive or elective positions on and after such date. (b) The amendment made by subsection (c) of the first section of Effective date. this Act shall become effective on the date of the enactment of this Act or October 1, 1976, whichever is later, but shall not apply to any annuitant reemployed before such date. Approved September 3, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94-336 (Comm. on Post Office and Civil Service). SENATE REPORTS: No. 94-877 (Comm. on Post Office and Civil Service) and No. 94-1030 (Comm. on Appropriations). CONGRESSIONAL RECORD: Vol. 121 (1975): July 2 1, considered and passed House. Vol. 122 (1976): Aug. 9, considered and passed Senate, amended. Aug. 25, House concurred in Senate amendments.
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