12 2 STA T . 2 605PUBLIC LA W 110 – 2 79—J UL Y 17 , 200 8sub s ection(a) ( 2 )( A )an d ( B ) m a yf i l e an election w it h the O ffice of H uman R esou r ces of the Architect of the C a p itol to continue co v era g e under the retirement system under which that individual is covered on that day . (B) LIFEANDH EA LT HIN SUR AN C EC OV ERA G E. —I f the individual files an election under subparagraph (A) to con - tinue retirement coverage , the individual may also file an election with the Office of Human Resources of the Architect of the Capitol to continue coverage of any other benefit under subsection (c)(2) or ( 3 ) for which that indi- vidual is covered on that day. Any election under this subparagraph shall be filed not later than the day before the transfer date. (2) N OTIFICATION TO THE OFFICE OF P ERSONNEL M ANAGE- MENT.— T he Office of Human Resources of the Architect of the Capitol shall provide timely notification to the Office of P ersonnel M anagement of any election filed under paragraph ( 1 ). (c) CONTINUIT Y OF BENEFITS.— (1) PAY.—The rate of basic pay of a covered individual as an employee of a contractor, or successor contractor, during a period of continuous service may not be reduced to a rate less than the rate of basic pay paid to that individual as an employee of the Architect of the Capitol on the day before the transfer date, e x cept for cause. (2) RETIREMENT AND LIFE INSURANCE B ENEFITS.— (A) IN GENERAL.— F or purposes of chapters 8 3,8 4 , and 8 7 of title 5 , U nited S tates Code— (i) any period of continuous service performed by a covered individual as an employee of a contractor, or successor contractor, shall be deemed to be a period of service as an employee of the Architect of the Cap- itol
and (ii) the rate of basic pay of the covered individual during the period described under clause (i) shall be deemed to be the rate of basic pay of that individual as an employee of the Architect of the Capitol on the date on which the Architect of the Capitol enters into the food services contract. (B) TREATMENT AS CIVIL SERVICE RETIREMENT OFFSET EMPLOYEES.—In the case of a covered individual who on the day before the transfer date is sub j ect to subchapter III of chapter 83 of title 5, United States Code, but whose employment with the Architect of the Capitol is not employ- ment for purposes of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1 9 8 6 — (i) the employment described under subparagraph (A)(i) shall, for purposes of subchapter III of chapter 83 of title 5, United States Code, be deemed to be— (I) employment of an individual described under section 84 0 2(b)(2) of title 5, United States Code; and (II) Federal service as defined under section 8349(c) of title 5, United States Code; and (ii) the basic pay described under subparagraph (A)(ii) for employment described under subparagraph (A)(i) shall be deemed to be Federal wages as defined
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