Pub. L. 103-296, tit. III, sec. 308

EXCLUSION OF MILITARY RESERVISTS FROM APPUCATION OF THE GOVERNMENT PENSION OFFSET AND WINDFALL ELIMINATION PROVISIONS.

EnactedYear: 1994Length: 239 wordsOfficial source
SEC. 308. EXCLUSION OF MILITARY RESERVISTS FROM APPUCATION OF THE GOVERNMENT PENSION OFFSET AND WINDFALL ELIMINATION PROVISIONS. (a) Exclusion from Government Pension Offset Provisions.— Subsections (b)(4), (c)(2), (e)(7), (f)(2), and (g)(4) of section 202 of the Social Security Act (42 U.S.C. 402 (b)(4), (c)(2), (e)(7), (f)(2), and (g)(4)) are each amended— (1) in subparagraph (A)(ii), by striking “unless subparagraph (B) applies.”; (2) in subparagraph (A), by striking “The” in the matter following clause (ii) and inserting “unless subparagraph (B) applies. The”; and (3) in subparagraph (B), by redesignating the existing matter as clause (ii), and by inserting before such clause (ii) (as so redesignated) the following: “(B) (i) Subparagraph (A)(i) shall not apply with respect to monthly periodic benefits based wholly on service as a member of a uniformed service (as defined in section 210(m)).”. (b) Exclusion From Windfall Elimination Provisions.— Section 215(a)(7)(A) of such Act (as amended by section 307(a) of108 STAT. 1523 this Act) and section 215(d)(3) of such Act (as amended by section 307(b) of this Act) are each further amended— (1) by striking “and” before “(II)”; and (2) by striking “section 233” and inserting “section 233, and (III) a pajonent based wholly on service as a member of a uniformed service (as defined in section 210(m))”. (c) Effective Date.— The amendments made by this section shall apply (notwithstanding section 215(f) of the Social Security Act) with respect to benefits payable for months after December 1994.