dual pay for retired members of the uniformed services

dual pay for retired members of the uniformed services Sec. 308. (a) Section 5532 of title 5, United States Code, relating to retired officers of the uniformed services, is amended by redesignating subsections (c) and (d) as subsections (d) and (e) and by inserting after subsection (b) the following: 92 STAT. 1150 “(c) (1) If any member or former member of a uniformed service is receiving retired or retainer pay and is employed in a position the annual rate of basic pay for which, when combined with the member’s annual rate of retired or retainer pay (reduced as provided under subsection (b) of this section), exceeds the rate of basic pay then currently paid for level V of the Executive Schedule, such member’s retired or retainer pay shall be reduced by an amount computed under paragraph (2) of this subsection. The amounts of the reductions shall be deposited to the general fund of the Treasury of the United States. “(2) The amount of each reduction under paragraph (1) of this subsection allocable for any pay period in connection with employment in a position shall be equal to the retired or retainer pay allocable to the pay period (reduced as provided under subsection (b) of this section), except that the amount of the reduction may not result in— “(A) the amount of retired or retainer pay allocable to the pay period after being reduced, when combined with the basic pay tor the employment during the pay period, being at a rate less than the rate of basic pay then currently paid for level V of the Executive Schedule; or “(B) the amount of retired pay or retainer pay being reduced to an amount less than the amount deducted from the retired or retainer pay as a result of participation in any survivor’s benefits in connection with the retired or retainer pay or veterans insurance programs.”. (b) Section 5531 of title 5, United States Code is amended— (1) by striking out paragraph (1) and inserting in lieu thereof the following: “(1) ‘member’ has the meaning given such term by section 101 (23) of title 37;”; (2) by striking out the period at the end of paragraph (2) and inserting in lieu thereof “; and”; and (3) by adding at the end thereof the following new paragraph: “(3) ‘retired or retainer pay’ means retired pay, as defined in section 8311(3) of this title, determined without regard to subparagraphs (B) through (D) of such section 8311(3); except that such term does not include an annuity payable to an eligible beneficiary of a member or former member of a uniformed service under chapter 73 of title 10.”. (c) Section 5532(d) of title 5, United States Code, as amended by subsection (a), is amended— (1) by striking out “subsection (b) of”; (2) by striking out “or retirement” each place it appears and inserting in lieu thereof “or retainer”; (3) by striking out “a retired officer of a regular component of a uniformed service” and inserting in lieu thereof “a member or former member of a uniformed service who is receiving retired or retainer pay”; and (4) in paragraph (1), by striking out “whose retirement was” and inserting in lieu thereof “whose retired or retainer pay is computed, in whole or in part,”. (d) Section 5532(e) of title 5, United States Code, as amended by subsection (a), is amended to read as follows: “(e) The Office of Personnel Management may, during the 5-year period after the effective date of the Civil Service Reform Act of 1978 authorize exceptions to the restrictions in subsections (a), (b), and (c) of this section only when necessary to meet special or emergency employment needs which result from a severe shortage of well quali-92 STAT. 1151fied candidates in positions of medical officers which otherwise cannot be readily met. An exception granted by the office with respect to any individual shall terminate upon a break in service of 3 days or more.”. (e) Section 5532(b) of title 5, United States Code, is amended by striking out “or retirement” each place it appears and inserting in lieu thereof “or retainer”. (f) (1) The heading for section 5532 of title 5, United States Code, is amended to read as follows: “§5532. Employment of retired members of the uniformed services; reduction in retired or retainer pay”. (2) The item relating to section 5532 in the table of sections for chapter 55 of title 5, United States Code, is amended to read as follows: “5532. Employment of retired members of the uniformed services; reduction in retired or retainer pay.”. (g) (1) Except as provided in paragraph (2) of this subsection, the amendments made by this section shall apply only with respect to pay periods beginning after the effective date of this Act and only with respect to members of the uniformed services who first receive retired or retainer pay (as defined in section 5531(3) of title 5, United States Code (as amended by this section)), after the effective date of this Act. (2) Such amendments shall not apply to any individual employed in a position on the date of the enactment of this Act so long as the individual continues to hold any such position (disregarding any break in service of 3 days or less) if the individual, on that date, would have been entitled to retired or retainer pay but for the fact the individual does not satisfy any applicable age requirement. (3) The provisions of section 5532 of title 5, United States Code, as in effect immediately before the effective date of this Act, shall apply with respect to any retired officer of a regular component of the uniformed services who is receiving retired pay on or before such date, or any individual to whom paragraph (2) applies, in the same manner and to the same extent as if the preceding subsections of this section had not been enacted.