Page:United States Statutes at Large Volume 96 Part 1.djvu/837

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PUBLIC LAW 97-000—MMMM. DD, 1982

PUBLIC LAW 97-253—SEPT. 8, 1982

96 STAT. 795

BOUNDING DOWN OF CIVIL SERVICE RETIREMENT ANNUITIES

SEC. 304. (a) The first sentence of section 8340(e) of title 5, United States Code, is amended by striking out "fixed at the nearest" and inserting in lieu thereof "rounded to the next lowest". (b) Section 8345(a) of title 5, United States Code, is amended by striking out "fixed at the nearest" and inserting in lieu thereof "rounded to the next lowest". (c) The amendments made by subsections (a) and (b) shall apply 5 USC 8340 note. with respect to any annuity commencing on or after October 1, 1982, and with respect to any adjustment or redetermination of any annuity made on or after such date. LATER COMMENCEMENT DATE FOR CERTAIN ANNUITIES

SEC. 305. (a) Section 8345(b) of title 5, United States Code, is amended to read as follows: "(b)(1) Except as otherwise provided— "(A) an annuity of an employee or Member commences on the first day of the month after— (i) separation from the service; or "(ii) pay ceases and the service and age requirements for title to annuity are met; and "(B) any other annuity payable from the Fund commences on the first day of the month after the occurrence of the event on which payment thereof is based. "(2) The annuity of— "(A) an employee involuntarily separated from service, except by removal for cause on charges of misconduct or delinquency; and "(B) an employee or Member retiring under section 8337 of this title due to a disability; 5 USC 8337. shall commence on the day after separation from the service or the day after pay ceases and the service and age or disability requirements for title to annuity are met.". (b) The amendment made by subsection (a) shall apply to annu- 5 USC 8345 note, ities which commence on or after October 1, 1982. CREDITABLE SERVICE BASED ON MILITARY SERVICE

SEC. 306. (a) Section 8331(8)(B) of title 5, United States Code, is amended by inserting after "service" a comma and "including any amounts deposited under section 8334(j) of this title". (b) Section 8332(c) of title 5, United States Code, is amended to read as follows: "(c)(1) Except as provided in paragraph (2) of this subsection and subsection (d) of this section— "(A) the service of an individual who first becomes an employee or Member before October 1, 1982, shall include credit for each month of military service performed before the date of the separation on which the entitlement to an annuity under this subchapter is based, subject to section 8332(j) of this title; and "(B) the service of an individual who first becomes an employee or Member on or after October 1, 1982, shall include credit for each month of military service (performed before the date of the separation on which the entitlement to an annuity