104 STAT. 1388-338 PUBLIC LAW 101-508 —NOV. 5, 1990 "(p)(1) Under regulations prescribed by the Office of Personnel Management, an employee of the Department of Defense or the Coast Guard who— "(A) has not previously made or had an opportunity to make an election under this subsection; "(B) has 5 or more years of civilian service creditable under this subchapter; and "(C) moves, without a break in service of more than 3 days, to employment in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard, respectively, described in section 2105(c), shall be given the opportunity to elect irrevocably, within 30 days after such move, to remain covered as an employee under this subchapter during any employment described in section 2105(c) after such move. "(2) Under regulations prescribed by the Office of Personnel Management, an employee of a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard, described in section 2105(c), who— "(A) has not previously made or had an opportunity to make an election under this subsection; "(B) is a vested participant in a retirement system established for employees described in section 2105(c), as the term 'vested participant' is defined by such system; "(C) moves, without a break in service of more than 3 days, to a position in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c); and ' (D) is excluded from coverage under chapter 84 by section 8402(b), shall be given the opportunity to elect irrevocably, within 30 days after such move, to remain covered, during any subsequent employ- ment as an employee as defined in section 2105(a) or section 2105(c), by the retirement system applicable to such employee's current or most recent employment described in section 2105(c) rather than be subject to this subchapter.". (k) AMENDMENTS RELATING TO THE FEDERAL EMPLOYEES' RETIRE- MENT SYSTEM. — (1) Section 8401 of title 5, United States Code, is amended— (A) in paragraph (11)— (i) by striking "and" at the end of subparagraph (A); (ii) by inserting "and" after the semicolon at the end of subparagraph (B); (iii) by inserting after subparagraph (B) the following: "(C) an employee described in section 2105(c) who has made an election under section 8461(n)(l) to remain covered under this chapter;"; (iv) by striking "or" at the end of clause (ii); (v) by inserting "or" after the semicolon at the end of clause (iii); and (vi) by inserting after clause (iii) the following: "(iv) an employee who has made an election under section 8461(n)(2) to remain covered by a retirement system established for employees described in section 2105(c);"; and (B) in paragraph (15), by striking "and Gallaudet College;" and inserting ", Gallaudet College, and, in the case of an employee described in paragraph (IIXC), a nonappropriated
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