95 STAT. 1062 Ante, p. 1047.
PUBLIC LAW 97-72—NOV. 3, 1981
should be extended beyond the expiration period specified by section 610(e)(3) of such title.". TECHNICAL ADJUSTMENT OF COMPUTATION OF RETIREMENT ANNUITIES FOR CERTAIN PERSONNEL
38 USC 4109.
SEC 402. (a) Subsection (b) of section 4109 is amended to read as follows: "(b)(1) In computing the annuity under subchapter III of chapter 83 5 USC 8331 et of title 5 of an individual who retires under such subchapter (other
- ^^than under section 8337 of such subchapter) after December 31, 1981,
and who served at any time on a less-than-fuU-time basis in a position in the Department of Medicine and Surgery to which such individual was appointed under this subchapter— "(A) for the purpose of determining such individual's average pay, as defined by section 8331(4) of title 5, the annual rate of basic pay for full-time service shall be deemed to be such individual's rate of basic pay; and "(B) the amount of such individual's annuity as computed under section 8339 of title 5 (before application of any reduction required by subsection (i) of such section) shall be multiplied by the fraction equal to the ratio that that individual's total fulltime equivalent service bears to that individual's creditable service as determined under section 8332 of title 5. "(2) For the purposes of paragraph (1)(B) of this subsection, an individual's full-time equivalent service is the individual's creditable service as determined under section 8332 of title 5, except that any period of service of such individual served on a less-than-full-time basis shall be prorated based on the fraction such service bears to fulltime service. For the purposes of the preceding sentence, full-time service shall be considered to be eighty hours of service per biweekly pay period. "(3) A survivor annuity computed under section 8341 of title 5 based on the service of an individual described in paragraph (1) of this subsection shall be computed based upon such individual's annuity as determined in accordance with such paragraph.". Effective date. (b)(1) The amendment made by subsection (a) shall take effect as of 38 USC 4109 October 1, 1981. note.
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