Page:United States Statutes at Large Volume 90 Part 1.djvu/885

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PUBLIC LAW 94-000—MMMM. DD, 1976

PUBLIC LAW 94-350—JULY 12, 1976

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90 STAT. 835

she has a bona fide intention of continuing to pursue such course during the school year, semester, or term immediately following the interim. "(5) 'Military and naval service'means honorable active service— " (A) in the Armed Forces of the United States; ., "(B) in the Regular or Reserve Corps of the Public Health Service after June 30, 1960; or "(C) as a commissioned officer of the National Oceanic and Atmospheric Administration or predecessor organization after June 30, 1961; but does not include service in the National Guard except when ordered to active duty in the service of the United States. "(6) 'Foreign Service normal cost' means the level percentage of payroll required to be deposited in the Fund to meet the cost of benefits payable under the System (computed in accordance with generally accepted actuarial practice on an entry-age basis) less the value of retirement benefits earned under another retirement system for Government employees and less the cost of credit allowed for military service.". (c) Section 804 of such Act is further amended by redesignating 22 USC 1064. present paragraphs (4), (5), and (6) of subsection (b) as paragraphs (7), (8), and (9), respectively. CONFORMITY AVITH CIVIL SERVICE RETIREMENT SYSTEM

SEC. 503. Immediately after section 804 of such Act, insert the followins; new section: "AUTHORITY TO M A I N T A I N EXISTING AREAS OF CONFORMITY BETWEEN CIVIL SERVICE AND FOREIGN SERVICE RETIREMENT SYSTEMS

"SEC. 805. (a) In order to maintain existing conformity between the 22 USC 1065. Civil Service Retirement and Disability System and the Foreign Service Retirement and Disability System, whenever (subsequent to January 1, 1974) a law is enacted which affects a provision of general applicability in the Civil Service Retirement and Disability System (subchapter III, chapter 83, title 5, United States Code) or otherwise 5 USC 8331. affects current or former participants, annuitants, or survi\ois under that System which, immediately prior to the enactment of such law, had been substantially identical to a correspoiuling provision of law affecting participants, former participants, annuitants, or survivors under the Foreign Service Retirement and Disability System, such new • t; provision of law shall be deemed to extend to the lattei- System so that it applies in like manner with respect to such Foreign Service Retirement and Disability System participants, former jiarticipants, annuitants, or survivors. The President is authorized by P^xecutive order to Regulations. prescribe regulations to implement this section and to make such extension retroactive to a date no earlier than the effective date of such provision for the Civil Service Retirement and Disability System. "(b) Any provisions of an Executive order issued under the authority of this section shall modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent therewith— "(1) all provisions of law enacted prior to the effective date of the provision of such Executive order, and "(2) any prior provision of an Executive order issued under authority of this section.".