Page:United States Statutes at Large Volume 93.djvu/1089

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PUBLIC LAW 96-000—MMMM. DD, 1979

PUBLIC LAW 96-135—DEC. 5, 1979

93 STAT. 1057

"(i) such employee consents to such postponement, and "(ii) the Secretary finds that such postponement is necessary for the continued effective operation of the agency. The period of any postponement under this subparagraph shall not exceed 12 months and the total period of all postponements with respect to any employee shall not exceed 5 years. "(4) For the purpose of this subsection— "(A) 'Bureau of Indian Affairs' means (i) the Bureau of Indian "Bureau of Affairs and (ii) all other organizational units in the Department Indian Affairs.' of the Interior directly and primarily related to providing services to Indians and in which positions are filled in accordance with the Indian preference laws. "(B) 'Indian preference laws' means section 12 of the Act of "Indian June 18, 1934 (25 U.S.C. 472; 48 Stat. 986), or any other provision preference laws." of law granting a preference to Indians in promotions or other Federal personnel actions.". (b) Section 8339(d) of title 5, United States (Dode, is amended by adding at the end thereof the following new paragraph: "(5) The annuity of an employee retiring under section 8336(j) of this title is computed under subsection (a) of this section, except that 5 USC 8336. with respect to service on or after December 21, 1972, the employee's annuity is— "(A) 2y2 percent of the employee's average pay multiplied by so much of the employee's service on or after that date as does not exceed 20 years; plus "(B) 2 percent of the employee's average pay multiplied by so much of the employee's service on or after that date as exceeds 20 years.". (c) The first sentence of section 8339(h) of title 5, United States Code, is amended— (1) by inserting "(d)(5)," after "(b),"; and (2) by striking out "or (h)" and inserting in lieu thereof ", (h), or (j)". (d) The amendments made by this section shall take effect on the Effective date. 5 USC 8336 note. date of the enactment of this Act. SEC. 2. (a) For purposes of applying reduction-in-force procedures Reductions in under subsection (a) of section 3502 of title 5, United States Code, with force. e 472a. 25 u s respect to positions within the Bureau of Indian Affairs and the Indian Health Service, the competitive and excepted service retention registers shall be combined, and any employee entitled to Indian preference who is within a retention category established under regulations prescribed under such subsection to provide due effect to military preference shall be entitled to be retained in preference to other employees not entitled to Indian preference who are within such retention category. (b)(1) The Indian preference laws shall not apply in the case of any Reassignment reassignment within the Bureau of Indian Affairs or within the Indian Health Service (other than to a position in a higher grade) of an employee not entitled to Indian preference if it is determined that under the circumstances such reassignment is necessary— (A) to assure the health or safety of the employee or of any member of the employee's household; (B) in the course of a reduction in force; or (C) because the employee's working relationship with a tribe has so deteriorated that the employee cannot provide effective service for such tribe or the Federal Government.

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