day before the effective date of the pay adjustment 
under subsection (c) (or, if earlier, the date on which 
the individual retires or otherwise ceases to be em-
ployed by the Government Accountability Office), if 
such individual had received both a 2.6 percent pay 
increase for 2006 and a 2.4 percent pay increase for 
2007, minus 
(2) the total amount of basic pay that was in 
fact paid to the individual for service performed dur-
ing the period described in paragraph (1). 
Eligibility for a lump-sum payment under this subsection 
shall be determined solely on the basis of whether an indi-
vidual satisfies the requirements of subsection (a) (to be 
considered an individual to whom this section applies), and 
without regard to such individual’s employment status as 
of any date following the date of the enactment of this 
Act or any other factor. 
(e) CONDITIONS.—Nothing in subsection (c) or (d) 
shall be considered to permit or require— 
(1) the payment of any rate (or lump-sum 
amount based on a rate) for any pay period, to the 
extent that such rate would be (or would have been) 
inconsistent with the limitation that applies (or that 
applied) with respect to such pay period under sec-
tion 732(c)(2) of title 31, United States Code; or 
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(2) the payment of any rate or amount based 
on the pay increase for 2006 or 2007 (as the case 
may be), if— 
(A) the performance of the officer or em-
ployee involved was not at a satisfactory level, 
as determined by the Comptroller General 
under paragraph (3) of section 732(c) of such 
title 31 for purposes of the adjustment under 
such paragraph for that year; or 
(B) the individual involved was not an offi-
cer or employee of the Government Account-
ability Office on the date as of which that in-
crease took effect. 
As used in paragraph (2)(A), the term ‘‘satisfactory’’ in-
cludes a rating of ‘‘meets expectations’’ (within the mean-
ing of the performance appraisal system used for purposes 
of the adjustment under section 732(c)(3) of such title 31 
for the year involved). 
(f) RETIREMENT.— 
(1) IN GENERAL.—The lump-sum payment paid 
under subsection (d) to an officer or employee shall, 
for purposes of any determination of the average pay 
(as defined by section 8331 or 8401 of title 5, 
United States Code) which is used to compute an 
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annuity under subchapter III of chapter 83 or chap-
ter 84 of such title— 
(A) be treated as basic pay (as defined by 
section 8331 or 8401 of such title); and 
(B) be allocated to the biweekly pay peri-
ods covered by subsection (d). 
(2) CONTRIBUTIONS.—Notwithstanding section 
8334, 8422, 8423, or any other provision of title 5, 
United States Code, no employee or agency contribu-
tion shall be required for purposes of this subsection. 
(2) CONTRIBUTIONS TO CIVIL SERVICE RETIRE-
MENT AND DISABILITY RETIREMENT FUND.— 
(A) EMPLOYEE CONTRIBUTIONS.—The Gov-
ernment Accountability Office shall deduct and 
withhold from the lump-sum payment paid to 
each employee under subsection (d)— 
(i) an amount equal to the difference 
between— 
(I) employee contributions that 
would have been deducted and withheld 
from pay under section 8334 or 8422 
of title 5, United States Code, if such 
lump-sum payment had been addition-
ally paid as basic pay during the pe-
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riod described under subsection (d)(1) 
of this section; and 
(II) employee contributions that 
were actually deducted and withheld 
from pay under section 8334 or 8422 
of title 5, United States Code, during 
that period; and 
(ii) interest as prescribed under section 
8334(e) of title 5, United States Code, based 
on the amount determined under clause(i). 
(B) AGENCY CONTRIBUTIONS AND PAYMENT 
TO THE FUND.— 
(i) IN
GENERAL.—Not later than 9 
months after the Government Accountability 
Office makes the lump-sum payments under 
subsection (d), the Government Account-
ability Office shall pay into the Civil Serv-
ice Retirement and Disability Fund— 
(I) the amount of each deduction 
and withholding under subparagraph 
(A); and 
(II) an amount for applicable 
agency contributions under section 
8334 or 8423 of title 5, United states 
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Code, based on payments made under 
subclause (I). 
(ii) SOURCE.—Amounts paid under 
clause (i)(II) shall be contributed from the 
appropriation or fund used to pay the em-
ployee. 
(C) REGULATIONS.—The Office of Personnel 
Management may prescribe regulations to carry 
out this paragraph. 
(g) EXCLUSIVE REMEDY.—This section constitutes 
the exclusive remedy that any individuals to whom this 
section applies (as described in subsection (a)) have for 
any claim that they are owed any monies denied to them 
in the form of a pay increase for 2006 or 2007 under sec-
tion 732(c)(3) of title 31, United States Code, or any 
other law. Notwithstanding any other provision of law, no 
court or administrative body, including the Government 
Accountability Office Personnel Appeals Board, shall have 
jurisdiction to entertain any civil action or other civil pro-
ceeding based on the claim of such individuals that they 
were due money in the form of a pay increase for 2006 
or 2007 pursuant to such section 732(c)(3) or any other 
law. 
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