A bill to amend title 5, United States Code, to provide relief from certain inequities remaining in the crediting of National Guard technician service in connection with civil service retirement, and for other purposes.
PL 101-530 (S.1890), enacted 11/06/1990

104 STAT. 2338 
PUBLIC LAW 101-530—NOV. 6, 1990 
Public Law 101-530 
101st Congress 
An Act 
N V 6 1990 
'^° eimend title 5, United States Code, to provide relief from certain inequities 
' 
remEiining in the crediting of National Guard technician service in connection with 
[S. 1890] 
gjyjj service retirement, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
Government 
United States of America in Congress assembled, 
employees. 
SECTION 1. ELIMINATION OF POST-1968 SERVICE AS A PREREQUISITE TO 
RETIREMENT CREDIT. 
Section 83320)) of title 5, United States Code, relating to creditable 
service, is amended by striking out "Service referred to in para-
graph (6) is allowable only in the case of persons performing service 
under section 709 of title 32 after December 31,1968." 
SEC. 2. ELIMINATION OF POST-1968 SERVICE AS A PREREQUISITE TO 
RECEIVING CREDIT FOR PURPOSES OF CERTAIN OTHER 
BENEFITS. 
Section 3(c) of the National Guard Technicians Act of 1968 (82 
Stat. 757; 32 U.S.C. 709 note) is amended by striking out the last 
sentence. 
SEC. 3. APPLICABILITY. 
5 use 8332 note. 
(a) RULE FOR SECTION 1.— 
(1) GENERAL RULE.— 
(A) ELIGIBILITY.—Except as provided in paragraph (2), the 
amendment made by section 1 applies only with respect to 
individuals who— 
(i) separate from employment with the Government 
on or after the date of enactment of this Act; and 
(ii) make an appropriate deposit, in accordance with 
section 8334(c) or 8411(f) of title 5, United States Code 
(as appropriate), for additional service that is creditable 
under such amendment. 
(B) DEPOSIT.—Any such deposit— 
(i) shall include interest, which shall be computed 
under section 8334(e) of such title (except that the rate 
of interest shall be 3 percent a year) from the midpoint 
of the period of additional service to the date deposit is 
made; and 
(ii) shall be made before date of retirement. 
(2) EXCEPTION.— 
(A) RULE FOR INDIVIDUALS SEPARATING AFT^R DECEMBER 
31, 1968, AND BEFORE THE ENACTMENT OF THIS ACT.—In the 
case of any individual who— 
(i) was employed under section 709 of title 32, United 
States Code, relating to NationsQ Guard technicians, or 
any prior corresponding provision of law, before Janu-
ary 1,1969, and 
PUBLIC LAW 101-530—NOV. 6, 1990 
104 STAT. 2339 
(ii) was separated from employment with the Govern-
ment on or after January 1,1969, and before the date of 
enactment of this Act, 
any annuity under subchapter III of chapter 83 or chapter 
84 of title 5, United States Code, based on such individual's 
service (as defined in section 8331(12) or 8401(26) of such 
title, as applicable) shall be determined or redetermined to 
take into account the amendment made by section 1, if 
application therefor is received by the Office of Personnel 
Management within 1 year after the date of enactment of 
this Act, and an appropriate deposit is made for any addi-
tional service that is creditable under such amendment. 
Any such deposit shall be computed, and must be paid 
either in a lump sum at the time of application or in 
installments over the 2-year period which begins on the 
date of application, or such shorter period as the Office may 
by regulation prescribe. 
(B) EARUER PAYMENTS NOT AFFECTED BY RECOMPUTA-
TiON.—Any change in an annuity resulting from a redeter-
mination under subparagraph (A) shall apply only with 
respect to monthly payments accruing after the date the 
deposit required under subparagraph (A) is made (or, if 
payments are to be made in installments, after an agree-
ment has been entered into regarding the manner in which 
such payments will be made). 
(3) PAYMENT BY SURVIVORS.—For the purpose of survivor 
annuities, any deposit or installment pa3anent required by para-
graph (1) or (2) relating to service of an individual may also be 
made by a survivor of such individual, 
(b) RULE FOR SECTION 2.— 
32 use 709 note. 
(1) GENERAL RULE.—Except as provided in paragraph (2), the 
amendment made by section 2 applies only with respect to an 
individual performing service as an officer or employee of the 
Government on or after the date of enactment of this Act and 
only to determine— 
(A) any annual leave accruing under section 6303 of 
title 5, United States Code, to the individual on or after 
such date; and 
(B) the individual's length of service for the purposes of 
entitlement to Federal employee death and disability com-
pensation, group life insurance and health benefits, sever-
ance pay, tenure, and status. 
(2) EXCEPTION.— 
(A) RULE FOR INDIVIDUALS SEPARATING AFTER DECEMBER 
31, 1968, AND BEFORE THE ENACTMENT OF THIS ACT.—The 
amendment made by section 2 of this Act applies with 
respect to any individual who separated from Government 
employment after December 31,1968, and before the date of 
the enactment of this Act, for the purpose of determining 
whether such individual satisfies the length of service 
requirement under section 8901(3XA) of title 5, United 
States Code (relating to the definition of the term "annu-
itant", as in effect at the time of such individual's separa-
tion) for the purposes of chapter 89 of such title. 
(B) CONDITIONS FOR ENROLLING IN A HEALTH BENEFITS 
PLAN.—Any individual who satisfies the length of service 
requirement referred to in subparagraph (A) as a result of 
104 STAT. 2340 
PUBLIC LAW 101-530—NOV. 6, 1990 
the application of the amendment made by section 2 shall 
be enrolled in a health benefits plan (described in section 
8903 of such title) of such individual's choice, if— 
(i) application for enrollment is received by the Office 
of Personnel Management within one year after the 
date of the enactment of this Act; and 
(ii) such individual would have qualified under sec-
tion 89050)X1) of such title at the time of such individ-
ual's separation. 
5 u s e 8332 note. 
SEC. 4. REGULATIONS. 
The Office of Personnel Management shall prescribe any regula-
tions necessary for the implementation of this Act. 
Approved November 6, 1990. 
LEGISLATIVE HISTORY—S. 1890: 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Oct. 10, considered and passed Senate. 
Oct 22, considered and passed House.