92 STAT. 1150
PUBLIC LAW 95-454—OCT. 13, 1978
"(c)(1) If any member or former member of a uniformed service is receiving retired or retainer pay and is employed in a position the annual rate of basic pay for which, when combined with the member's annual rate of retired or retainer pay (reduced as provided under subsection (b) of this section), exceeds the rate of tjasic pay then cur5 USC 5316 note, rently paid for level V of the Executive Schedule, such member's retired or retainer pay shall be reduced by an amount computed under paragraph (2) of this subsection. The amounts of the reductions shall be deposited to the general fund of the Treasury of the United States. "(2) The amount of each reduction under paragraph (1) of this subsection allocable for any pay period in connection with employment in a position shall be equal to the retired or retainer pay allocable to the pay period (reduced as provided under subsection (b) of this section), except that the amount of the reduction may not result in— "(A) the amount of retired or retainer pay allocable to the pay period after being reduced, when combined with the basic pay tor the employment during the pay period, being at a rate less than the rate of basic pay then currently paid for level V of the Executive Schedule; or "(B) the amount of retired pay or retainer pay being reduced to an amount less than the amount deducted from the retired or retainer pay as a result of participation in any survivor's benefits in connection with the retired or retainer pay or veterans insurance programs.", (b) Section 5531 of title 5, United States Code is amended— (1) by striking out paragraph (1) and inserting in lieu thereof the following: "(1) 'meniber' has the meaning given such term by section 101 (23) of title 37;"; (2) by striking out the period at the end of paragraph (2) and inserting in lieu thereof "; and"; and "Retired or ^ (3) by adding at the end thereof the following new paragraph: retainer pay." "^g^ 'retired or retainer pay' means retired pay, as defined in 5 USC 8311. section 8311(3) of this title, determined without regard to subparagraphs (B) through (D) of such section 8311(3); except that such term does not include an annuity payable to an eligible beneficiary of a member or former member of a uniformed service 10 USC 1431 et under chapter 73 of title 10.".
- «9(c) Section 5532(d) of title 5, United States Code, as amended by
subsection (a), is amended— (1) by striking out "subsection (b) of"; (2) by striking out "or retirement" each place it appears and inserting in lieu thereof "or retainer"; (3) by striking out "a retired officer of a regular component of a uniformed service" and inserting in lieu thereof "a member or former member of a uniformed service who is receiving retired or retainer pay"; and ,• •. (4) in paragraph (1), by striking out "whose retirement was" and inserting in lieu thereof "whose retired or retainer pay is computed, in whole or in part,", (d) Section 5532(e) of title 5, United States Code, as amended by subsection (a), is amended to read as follows: "(e) The Office of Personnel Management may, during the 5-year Ante, p. 1111. period after the effective date of the Civil Service Eeform Act of 1978 authorize exceptions to the restrictions in subsections (a), (b), and (c) of this section ovA^ when necessary to meet special or emergency employment needs which result from a severe shortage of well quali-
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