12 2 STA T .354 2 PUBLIC LA W 11 0– 323 — S E PT. 22 , 200 8Asu s edinpar a g rap h(2) (A) ,t he ter m‘ ‘satis f a c t o r y’ ’ inc l udes a rating of ‘‘meets e x pectations’’ ( w ithin the meaning of the perform - ance appraisal system used for purposes of the ad j ustment under section 73 2(c)(3) of such title 3 1 for the year in v olved) . (f) RETIR E M E N T. — (1) I N G ENER AL .— T he portion of the lump-sum payment paid under su b section (d) to an officer or employee as calculated under subsection (d)(1) shall, for purposes of any determination of the average pay (as defined by section 8 331or8 40 1of title 5 , U nited S tates C ode) which is used to compute an annuity under subchapter III of chapter 83 or chapter 84 of such title— (A) be treated as basic pay (as defined by section 8331 or 8401 of such title)
and ( B ) be allocated to the biwee k ly pay periods covered by subsection (d). (2) C O NTRI BU TION S TO C I V IL SERVICE RETIREMENT AN D DIS- ABILIT Y RETIREMENT F UND.— (A) E M P LOYEE CONTRIBUTIONS.—The G overnment Accountability O ffice shall deduct and withhold from the lump-sum payment paid to each employee under subsection (d) an amount e q ual to the difference between— (i) employee contributions that would have been deducted and withheld from pay under section 8334 or 8422 of title 5, United States Code, if the portion of the lump-sum payment as calculated under sub- section (d)(1) had been additionally paid as basic pay during the period described under subsection (d)(1) of this section; and (ii) employee contributions that were actually deducted and withheld from pay under section 8334 or 8422 of title 5, United States Code, during that period. (B) AGENCY CONTRIBUTIONS AND PAYMENT TO T H E FUND.— N ot later than 9 months after the Government Accountability Office makes the lump-sum payments under subsection (d), the Government Accountability Office shall pay into the Civil Service Retirement and D isability F und— (i) the amount of each deduction and withholding under subparagraph (A); and (ii) an amount for applicable agency contributions under section 8334 or 8423 of title 5, United states Code, based on payments made under clause (i). (g) E X CLUSIVE REMEDY.—This section constitutes the exclusive remedy that any individuals to whom this section applies (as described in subsection (a)) have for any claim that they are owed any monies denied to them in the form of a pay increase for 200 6 or 2007 under section 732(c)(3) of title 31, United States Code, or any other law. Notwithstanding any other provision of law, no court or administrative body, including the Government Accountability Office P ersonnel Appeals Board, shall have jurisdic- tion to entertain any civil action or other civil proceeding based on the claim of such individuals that they were due money in the form of a pay increase for 2006 or 2007 pursuant to such section 732(c)(3) or any other law. Deadlin e .
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