to provide notice to incumbents as to their election rights
under this Act, and the consequences of making or not
making a timely election.
(c) ELECTION AVAILABLE TO INCUMBENTS.—
(1) IN GENERAL.—An incumbent may elect, for
all purposes, either—
(A) to be treated in accordance with the
amendments made by this Act; or
(B) to be treated in the same way as if
this Act had never been enacted.
Failure to make a timely election under this sub-
section shall be treated in the same way as an elec-
tion under subparagraph (A) made on the last day
allowable under paragraph (2).
(2) DEADLINE.—An election under this sub-
section shall not be effective unless it is made before
the 90th day after the date on which the notice
under subsection (b) is provided or the date on
which the incumbent involved separates from service,
whichever is earlier.
(3) INTERIM
STATUS.—Notwithstanding any
other provision of this Act, no change in the retire-
ment coverage of any incumbent shall occur, by rea-
son of the enactment of this Act, before the date on
which an election under paragraph (1)(A) is made
(or deemed to have been made).
(d) RETROACTIVE EFFECT.—In the case of any in-
cumbent who elects (or is deemed to have elected) the op-
tion under subsection (c)(1)(A), all service performed by
such individual as an Assistant United States Attorney
shall—
(1) to the extent performed on or after the ef-
fective date of that election, be treated in accordance
with applicable provisions of chapter 83 or 84 of
title 5, United States Code, as amended by this Act;
and
(2) to the extent performed before the effective
date of that election, be treated in accordance with
applicable provisions of chapter 83 or 84 of such
title, as if the amendments made by this Act had
then been in effect.
(e) MAKEUP CONTRIBUTIONS.—
(1) IN
GENERAL.—In addition to any other
payment that it is required to make under sub-
chapter III of chapter 83 or chapter 84 of title 5,
United States Code—
(A) the Department of Justice shall remit
to the Office of Personnel Management, in such
time, form, and manner as the Office may re-
quire, the amount described in paragraph (2);
and
(B) any amount so remitted shall be de-
posited in the Treasury of the United States to
the credit of the Civil Service Retirement and
Disability Fund.
(2) AMOUNT TO BE REMITTED.—The amount
described in this paragraph is the total amount of
additional individual and Government contributions
to the Civil Service Retirement and Disability Fund
that would have been required (for all incumbents
described in subsection (d), for all service performed
by them as an Assistant United States Attorney be-
fore the effective date of their election under sub-
section (c)), if the amendments made by this Act
had then been in effect, plus interest.
(3) NO
INDIVIDUAL
LIABILITY.—Nothing in
this Act or in chapter 83 or 84 of title 5, United
States Code (as amended by this Act) shall be con-
sidered to create any individual liability for any
shortfall in any contributions required to be made
up in the manner provided for under this subsection.
(f) REGULATIONS.—The Office of Personnel Manage-
ment shall prescribe any regulations necessary to carry out
this Act, including provisions under which any interest due
on the amount described in subsection (e) shall be deter-
mined.
(g) DEFINITION.—For purposes of this section, the
term ‘‘Assistant United States Attorney’’ means an assist-
ant United States attorney appointed under section 542
of title 28, United States Code.
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