(1) has at least 5 years of civilian service (other
than any service performed in the employ of a Fed-
eral Reserve Bank) creditable under the benefit
structure for employees of the Board of Governors
of the Federal Reserve System appointed before
January 1, 1984, that is a component of the Retire-
ment Plan for Employees of the Federal Reserve
System, established under section 10 of the Federal
Reserve Act;
(2) was subsequently employed subject to the
benefit structure in which employees of the Board of
Governors of the Federal Reserve System appointed
on or after January 1, 1984, participate, which ben-
efit structure is a component of the Retirement Plan
for Employees of the Federal Reserve System, estab-
lished under section 10 of the Federal Reserve Act
(and any redesignated or successor version of such
benefit structure, if so identified in writing by the
Board of Governors of the Federal Reserve System
for purposes of chapter 84 of title 5, United States
Code); and
(3) after service described in paragraph (2), be-
comes subject to and thereafter entitled to benefits
under chapter 84 of title 5, United States Code,
shall, for purposes of section 302 of the Federal Employ-
ees’ Retirement System Act of 1986 (100 Stat. 601; 5
U.S.C. 8331 note) be considered to have become subject
to chapter 84 of title 5, United States Code, pursuant to
an election under section 301 of such Act.
(d) EFFECTIVE DATE.—
(1) IN GENERAL.—Subject to succeeding provi-
sions of this subsection, this section and the amend-
ments made by this section shall take effect on the
date of enactment of this Act.
(2) PROVISIONS RELATING TO CREDITABILITY
AND
CERTAIN
FORMER
EMPLOYEES.—The amend-
ments made by subsection (a) and the provisions of
subsection (c) shall apply only to individuals who
separate from service subject to chapter 84 of title
5, United States Code, on or after the date of enact-
ment of this Act.
(3) PROVISIONS
RELATING
TO
EXCLUSION
FROM CHAPTER.—The amendments made by sub-
section (b) shall not apply to any former employee
of the Board of Governors of the Federal Reserve
System who, subsequent to his or her last period of
service as an employee of the Board of Governors of
the Federal Reserve System and prior to the date of
enactment of this Act, became subject to subchapter
III of chapter 83 or chapter 84 of title 5, United
States Code, under the law in effect at the time of
the individual’s appointment.
SEC. 3. CERTAIN TRANSFERS TO BE TREATED AS A SEPA-
RATION FROM SERVICE FOR PURPOSES OF
THE THRIFT SAVINGS PLAN.
(a) AMENDMENTS
TO CHAPTER 84 OF TITLE 5,
UNITED STATES CODE.—
(1) IN GENERAL.—Subchapter III of chapter
84 of title 5, United States Code, is amended by in-
serting before section 8432 the following:
‘‘§ 8431. Certain transfers to be treated as a separa-
tion
‘‘(a) For purposes of this subchapter, separation
from Government employment includes a transfer from a
position that is subject to one of the retirement systems
described in subsection (b) to a position that is not subject
to any of them.
‘‘(b) The retirement systems described in this sub-
section are—
‘‘(1) the retirement system under this chapter;
‘‘(2) the retirement system under subchapter
III of chapter 83; and
‘‘(3) any other retirement system under which
individuals may contribute to the Thrift Savings
Fund through withholdings from pay.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 84 of title 5, United States Code,
is amended by inserting before the item relating to
section 8432 the following:
‘‘8431. Certain transfers to be treated as a separation.’’.
(b) CONFORMING AMENDMENTS.—Subsection (b) of
section 8351 of title 5, United States Code, is amended
by redesignating paragraph (11) as paragraph (8), and
by adding at the end the following:
‘‘(9) For the purpose of this section, separation
from Government employment includes a transfer
described in section 8431.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to transfers occurring
before, on, or after the date of enactment of this Act, ex-
cept that, for purposes of applying such amendments with
respect to any transfer occurring before such date of en-
actment, the date of such transfer shall be considered to
be the date of enactment of this Act. The Executive Direc-
tor (within the meaning of section 8401(13) of title 5,
United States Code) may prescribe any regulations nec-
essary to carry out this subsection.
SEC. 4. CLARIFYING AMENDMENTS.
(a) IN GENERAL.—Subsection (f) of section 3304 of
title 5, United States Code, as added by section 2 of Pub-
lic Law 105–339, is amended—
(1) by striking paragraph (4);
(2) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(3) by inserting after paragraph (1) the follow-
ing:
‘‘(2) If selected, a preference eligible or veteran de-
scribed in paragraph (1) shall acquire competitive status
and shall receive a career or career-conditional appoint-
ment, as appropriate.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect as if enacted on October
31, 1998.
Passed the House of Representatives March 16,
1999.
Attest:
Clerk.