Page:United States Statutes at Large Volume 100 Part 1.djvu/638

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 602 Ante, p. 517.

Ante, pp. 589, 591-593.

PUBLIC LAW 99-335—JUNE 6, 1986 shall be creditable under chapter 84 of such title, subject to section 8411(f) of such title. (D) Any service described in subparagraph (A)— (i) which is not covered service; (ii) which constitutes service of a type described in section 8411(b)(3) of title 5, United States Code (determined without regard to whether such service was performed before, on, or after Jsuiuary 1, 1989, and without regard to the provisions of section 8411(f) of such title); and (iii) which, in the aggregate, is equal to 5 years or more; shall be creditable for purposes of^ (I) section 8410 of such title, relating to the minimum period of civilian service required to be eligible for an annuity; (II) any provision of section 8412 (other than subsection (d) or (e) thereof), 8413, 8414, 8442(b)(l)(B), or 8451 of such title which relates to a minimum period of service for entitlement to an annuity; (III) the provisions of paragraphs (4) and (6); (IV) any provision of section 8412(d) of such title which relates to a minimum period of service for entitlement to an annuity, but only if and to the extent that the service described in subparagraph (A) was as a law enforcement officer or firefighter; and (V) any provision of section 8412(e) of such title which relates to a minimum period of service for entitlement to an annuity, but only if and to the extent that the service described in subparagraph (A) was as an air traffic controller. (2)(A) Except as provided in subparagraph (B), the creditability under chapter 84 of title 5, United States Code, of any military service which is performed before the effective date of the election under section 301 shall be determined in accordance with applicable provisions of such chapter. (B) If the electing individual has performed service described in clauses (i) through (iii) of paragraph (1)(D), service described in subparagraph (A) which, but for the provisions of subsection (b), would be creditable under subchapter III of chapter 83 of title 5, United States Code, as in effect on December 31, 1986, shall be creditable for purposes of— (i) any provision of section 8412 (other than subsection (d) or (e) thereof), 8413, or 8414 of such title which relates to a minimum period of service for entitlement to an annuity; and (ii) the provisions of paragraph (4). (3)(A)(i) If the electing individual becomes entitled to an annuity under subchapter II of chapter 84 of title 5, United States Code, or dies leaving a survivor or survivors entitled to benefits under subchapter IV of such chapter, the annuity for such individual shall be equal to the sum of the individual's accrued benefits under the Civil Service Retirement System (as determined under paragraph (4)) and the individual's accrued benefits under the Federal Employees' Retirement System (as determined under paragraph (5)). (ii) An annuity computed under this subparagraph shall be deemed to be the individual's annuity computed under section 8415 of title 5, United States Code.