‘‘(III) at least 5 years of civilian
service (other than any service per-
formed in the employ of a Federal Re-
serve Bank) creditable under the ben-
efit structure for employees of the
Board of Governors of the Federal Re-
serve System appointed before January
1, 1984, that is a component of the Re-
tirement Plan for Employees of the
Federal Reserve System, established
under section 10 of the Federal Reserve
Act,
determined without regard to any deposit or
redeposit requirement under either such sub-
chapter or under such benefit structure, or
any requirement that the individual become
subject to either such subchapter or to such
benefit structure after performing the service
involved; or’’.
(2) EXCEPTION.—Subsection (d) of section 8402
of title 5, United States Code, is amended to read as
follows:
‘‘(d) Paragraph (2) of subsection (b) shall not apply
to an individual who—
‘‘(1) becomes subject to—
‘‘(A) subchapter II of chapter 8 of title I of
the Foreign Service Act of 1980 (relating to the
Foreign Service Pension System) pursuant to an
election; or
‘‘(B) the benefit structure in which employ-
ees of the Board of Governors of the Federal Re-
serve System appointed on or after January 1,
1984, participate, which benefit structure is a
component of the Retirement Plan for Employees
of the Federal Reserve System, established 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 Sys-
tem for purposes of this chapter); and
‘‘(2) subsequently enters a position in which, but
for paragraph (2) of subsection (b), such individual
would be subject to this chapter.’’.
(c) PROVISIONS RELATING TO CERTAIN FORMER EM-
PLOYEES.—A former employee of the Board of Governors
of the Federal Reserve System who—
(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 struc-
ture for employees of the Board of Governors of the
Federal Reserve System appointed before January 1,
1984, that is a component of the Retirement Plan for
Employees of the Federal Reserve System, established
under section 10 of the Federal Reserve Act;
(2) was subsequently employed subject to the ben-
efit structure in which employees of the Board of Gov-
ernors of the Federal Reserve System appointed on or
after January 1, 1984, participate, which benefit
structure is a component of the Retirement Plan for
Employees of the Federal Reserve System, established
under section 10 of the Federal Reserve Act (and any
redesignated or successor version of such benefit struc-
ture, if so identified in writing by the Board of Gov-
ernors 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 Employees’
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 enactment
of this Act.
(3) PROVISIONS RELATING TO EXCLUSION FROM
CHAPTER.—The amendments made by subsection (b)
shall not apply to any former employee of the Board
of Governors of the Federal Reserve System who, sub-
sequent to his or her last period of service as an em-
ployee of the Board of Governors of the Federal Re-
serve 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 ap-
pointment.
SEC. 3. CERTAIN TRANSFERS TO BE TREATED AS A SEPARA-
TION 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 insert-
ing 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 posi-
tion that is subject to one of the retirement systems de-
scribed 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 sec-
tion 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 de-
scribed in section 8431.’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall apply with respect to transfers occurring be-
fore, on, or after the date of enactment of this Act, except
that, for purposes of applying such amendments with re-
spect to any transfer occurring before such date of enact-
ment, the date of such transfer shall be considered to be the
date of enactment of this Act. The Executive Director (with-
in the meaning of section 8401(13) of title 5, United States
Code) may prescribe any regulations necessary 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 Public
Law 105–339, is amended—
(1) by striking paragraph (4);