Historical and Revision Notes |
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1966 Act |
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(a), (span) | 5 U.S.C. 944(a). | June 30, 1945, ch. 212, § 604(a), 59 Stat. 303. Sept. 1, 1954, ch. 1208, § 210, 68 Stat. 1112. |
(c) | 5 U.S.C. 944(d) (less last 27 words). | June 30, 1945, ch. 212, § 604(e) (less last 27 words), 59 Stat. 304. |
In subsection (a), the words “in the departmental and the field services” are omitted as unnecessary.
In subsections (a) and (span), the words “an Executive agency, a military department” are coextensive with and substituted for “the several departments and independent establishments and agencies in the executive branch, including Government-owned or controlled corporations” and “such department, establishment, or agency” in view of the definitions in sections 105 and 102. The words “a military department” are included to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (63 Stat. 578), the Department of the Army, the Department of the Navy, and the Department of the Air Force were Executive departments. The National Security Act Amendments of 1949 established the Department of Defense as an Executive Department including the Department of the Army, the Department of the Navy, and the Department of the Air Force as military departments, not as Executive departments. However, the source law for this section which was in effect in 1949, remained applicable to the Secretaries of the military departments by virtue of section 12(g) of the National Security Act Amendments of 1949 (63 Stat. 591), which is set out in the reviser’s note for section 301.
Subsection (d) is added on authority of former sections 901(d) and 2358(a) (as applicable to the Federal Employees Pay Act of 1945, as amended) which are carried into section 5541, and to include individuals employed by the government of the District of Columbia as they are not included in the definition of “employee” in section 2105.
Subsection (e) is added on authority of former section 945, which is carried into section 5548. The words “an Executive agency” are substituted for “the executive branch of the Government” to conform to the definition in section 105. Applicability of this section to employees of the General Accounting Office is based on former section 933a.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Federal Employees Flexible and Compressed Work SchedulesPuspan. L. 95–390, §§ 1–306, Sept. 29, 1978, 92 Stat. 755–762, as amended by Puspan. L. 97–160, Mar. 26, 1982, 96 Stat. 21, provided that:“short title“Section 1. This Act [enacting section 5550a of this title and this note] may be cited as the ‘Federal Employees Flexible and Compressed Work Schedules Act of 1978’.
“congressional findings“Sec. 2. The Congress finds that new trends in the usage of 4-day workweeks, flexible work hours, and other variations in workday and workweek schedules in the private sector appear to show sufficient promise to warrant carefully designed, controlled, and evaluated experimentation by Federal agencies to determine whether and in what situations such varied work schedules can be successfully used by Federal agencies on a permanent basis. The Congress also finds that there should be sufficient flexibility in the work schedules of Federal employees to allow such employees to meet the obligations of their faith.
“definitions“Sec. 3. For purposes of this Act (other than title IV) [this note]—“(1) the term ‘agency’ means an Executive agency and a military department (as such terms are defined in sections 105 and 102, respectively, of title 5, United States Code);
“(2) the term ‘employ’ has the meaning given it by section 2105 of title 5, United States Code;
“(3) the term ‘Commission’ means the United States Civil Service Commission; and
“(4) the term ‘basic work requirement’ means the number of hours, excluding overtime hours, which an employee is required to work or is required to account for by leave or otherwise.
“experimental programs“Sec. 4. (a)(1) Within 180 days after the effective date of this section, and subject to the requirements of section 302 and the terms of any written agreement referred to in section 302(a), the Commission shall establish a program which provides for the conducting of experiments by the Commission under titles I and II of this Act. Such experimental program shall cover a sufficient number of positions throughout the executive branch, and a sufficient range of worktime alternatives, as to provide an adequate basis on which to evaluate the effectiveness and desirability of permanently maintaining flexible or compressed work schedules within the executive branch.
“(2) Each agency may conduct one or more experiments under titles I and II of this Act. Such experiments shall be subject to such regulations as the Commission may prescribe under section 305 of this Act.
“(span) The Commission shall, not later than 90 days after the effective date of this section, establish a master plan which shall contain guidelines and criteria by which the Commission will study and evaluate experiments conducted under titles I and II of this Act. Such master plan shall provide for the study and evaluation of experiments within a sample of organizations of different size, geographic location, and functions and activities, sufficient to insure adequate evaluation of the impact of varied work schedules on—“(1) the efficiency of Government operations;
“(2) mass transit facilities and traffic;
“(3) levels of energy consumption;
“(4) service to the public;
“(5) increased opportunities for full-time and part-time employment; and
“(6) individuals and families generally.
“(c) The Commission shall provide educational material, and technical aids and assistance, for use by an agency before and during the period such agency is conducting experiments under this Act [enacting section 5550a of this title and this note].
“(d) If the head of an agency determines that the implementation of an experimental program referred to in subsection (a) would substantially disrupt the agency in carrying out its functions, such agency head shall request the Commission to exempt such agency from the requirements of any experiment conducted by the Commission under subsection (a). Such request shall be accompanied by a report detailing the reasons for such determination. The Commission shall exempt an agency from such requirements only if it finds that including the agency within the experiment would not be in the best interest of the public, the Government, or the employees. The filing of such a request with the Commission shall exclude the agency from the experiment until the Commission has made its determination or until 180 days after the date the request is filed, whichever first occurs.
<span value="I" class="num">“TITLE I—</span><span>FLEXIBLE SCHEDULING OF WORK HOURS</span><div class="level"><span class="centered small-caps">“definitions</span><section style="-uslm-lc:I21;"><span value="101" class="num">“Sec. 101.</span><span> For purposes of this title—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> the term ‘credit hours’ means any hours, within a flexible schedule established under this title, which are in excess of an employee’s basic work requirement and which the employee elects to work so as to vary the length of a workweek or a workday; and</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> the term ‘overtime hours’ means all hours in excess of 8 hours in a day or 40 hours in a week which are officially ordered in advance, but does not include credit hours.</span></div></section></div><div class="level"><span class="centered small-caps">“flexible scheduling experiments</span><section style="-uslm-lc:I21;"><span value="102" class="num">“Sec. 102.</span><div class="subsection"><span value="a" class="num"> (a)</span><span> Notwithstanding <span href="/us/usc/t5/s6101" class="ref">section 6101 of title 5</span>, United States Code, experiments may be conducted in agenices [agencies] to test flexible schedules which include—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> designated hours and days during which an employee on such a schedule must be present for work; and</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> designated hours during which an employee on such a schedule may elect the time of such employee’s arrival at and departure from work, solely for such purpose or, if and to the extent permitted, for the purpose of accumulating credit hours to reduce the length of the workweek or another workday.</span></div><div class="continuation">An election by an employee referred to in paragraph (2) shall be subject to limitations generally prescribed to ensure that the duties and requirements of the employee’s position are fulfilled.</div></div><div class="subsection"><span value="span" class="num">“(span)</span><span> Notwithstanding any other provision of this Act [enacting <span href="/us/usc/t5/s5550a" class="ref">section 5550a of this title</span> and this note], but subject to the terms of any written agreement under section 302(a)—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> any experiment under subsection (a) of this section may be terminated by the Commission if it determines that the experiment is not in the best interest of the public, the Government, or the employees; or</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> if the head of an agency determines that any organization within the agency which is participating in an experiment under subsection (a) is being substantially disrupted in carrying out its functions or is incurring additional costs because of such participation, such agency head may—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> restrict the employees’ choice of arrival and departure time,</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> restrict the use of credit hours, or</span></div><div class="subparagraph"><span value="C" class="num">“(C)</span><span> exclude from such experiment any employee or group of employees.</span></div></div></div><div class="subsection"><span value="c" class="num">“(c)</span><span> Experiments under subsection (a) shall terminate not later than the first day of the second pay period beginning after <span date="1982-07-04" class="date">July 4, 1982</span>.</span></div></section></div><div class="level"><span class="centered small-caps">“computation of premium pay</span><section style="-uslm-lc:I21;"><span value="103" class="num">“Sec. 103.</span><div class="subsection"><span value="a" class="num"> (a)</span><span> For purposes of determining compensation for overtime hours in the case of an employee participating in an experiment under section 102—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> the head of an agency may, on request of the employee, grant the employee compensatory time off in lieu of payment for such overtime hours, whether or not irregular or occasional in nature and notwithstanding the provisions of sections 5542(a), 5543(a)(1), 5544(a), and 5550 of title 5, United States Code, <span href="/us/usc/t38/s4107/e/5" class="ref">section 4107(e)(5) of title 38</span>, United States Code section 7 of the Fair Labor Standards Act, as amended [<span href="/us/usc/t29/s207" class="ref">section 207 of Title 29</span>, Labor], or any other provision of law; or</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> the employee shall be compensated for such overtime hours in accordance with such provisions, as applicable.</span></div></div><div class="subsection"><span value="span" class="num">“(span)</span><span> Notwithstanding the provisions of law referred to in paragraph (1) of subsection (a), an employee shall not be entitled to be compensated for credit hours worked except to the extent authorized under section 106 or to the extent such employee is allowed to have such hours taken into account with respect to the employee’s basic work requirement.</span></div><div class="subsection"><span value="c" class="num">“(c)</span><div class="paragraph"><span value="1" class="num">(1)</span><span> Notwithstanding <span href="/us/usc/t5/s5545/a" class="ref">section 5545(a) of title 5</span>, United States Code, premium pay for nightwork will not be paid to an employee otherwise subject to such section solely because the employee elects to work credit hours, or elects a time of arrival or departure, at a time of day from which such premium pay is otherwise authorized; except that—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> if an employee is on a flexible schedule under which—</span><div class="clause"><span value="i" class="num">“(i)</span><span> the number of hours during which such employee must be present for work, plus</span></div><div class="clause"><span value="ii" class="num">“(ii)</span><span> the number of hours during which such employee may elect to work credit hours or elect the time of arrival at and departure from work,</span></div><div class="continuation">which occur outside of the night work hours designated in or under such section 5545(a) total less than 8 hours, such premium pay shall be paid for those hours which, when combined with such total, do not exceed 8 hours, and</div></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> if an employee is on a flexible schedule under which the hours that such employee must be present for work include any hours designated in or under such section 5545(a), such premium pay shall be paid for such hours so designated.</span></div></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> Notwithstanding <span href="/us/usc/t5/s5343/f" class="ref">section 5343(f) of title 5</span>, United States Code, and 4107(e)(2) of title 38, United States Code, night differential will not be paid to any employee otherwise subject to either of such sections solely because such employee elects to work credit hours, or elects a time of arrival or departure, at a time of day for which night differential is otherwise authorized; except that such differential shall be paid to an employee on a flexible schedule under this title—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> in the case of an employee subject to such section 5343(f), for which all or a majority of the hours of such schedule for any day fall between the hours specified in such section, or</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> in the case of an employee subject to such section 4107(e)(2), for which 4 hours of such schedule fall between the hours specified in such section.</span></div></div></div></section></div><div class="level"><span class="centered small-caps">“holidays</span><section style="-uslm-lc:I21;"><span value="104" class="num">“Sec. 104.</span><span> Notwithstanding sections 6103 and 6104 of title 5, United States Code, if any employee on a flexible schedule under this title is relieved or prevented from working on a day designated as a holiday by Federal statute or Executive order, such employee is entitled to pay with respect to that day for 8 hours (or, in the case of a part-time employee, an appropriate portion of the employee’s biweekly basic work requirement as determined under regulations prescribed by the Commission).</span></section></div><div class="level"><span class="centered small-caps">“time-recording devices</span><section style="-uslm-lc:I21;"><span value="105" class="num">“Sec. 105.</span><span> Notwithstanding <span href="/us/usc/t5/s6106" class="ref">section 6106 of title 5</span>, United States Code, the Commission or an agency may use recording clocks as part of its experiments under this title.</span></section></div><div class="level"><span class="centered small-caps">“credit hours; accumulation and compensation</span><section style="-uslm-lc:I21;"><span value="106" class="num">“Sec. 106.</span><div class="subsection"><span value="a" class="num"> (a)</span><span> Subject to any limitation prescribed by the Commission or the agency, a full-time employee on a flexible schedule can accumulate not more than 10 credit hours, and a part-time employee can accumulate not more than one-eighth of the hours in such employee’s biweekly basic work requirement, for carryover from a biweekly pay period to a succeeding biweekly pay period for credit to the basic work requirement for such period.</span></div><div class="subsection"><span value="span" class="num">“(span)</span><span> Any employee who is on a flexible schedule experiment under this title and who is no longer subject to such an experiment shall be paid at such employee’s then current rate of basic pay for—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> in the case of a full-time employee, not more than 10 credit hours accumulated by such employee, or</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> in the case of a part-time employee, the number of credit hours (not in excess of one-eighth of the hours in such employee’s biweekly basic work requirement) accumulated by such employee.</span></div></div></section></div><span value="II" class="num">“TITLE II—</span><span>4-DAY WEEK AND OTHER COMPRESSED WORK SCHEDULES</span><div class="level"><span class="centered small-caps">“definitions</span><section style="-uslm-lc:I21;"><span value="201" class="num">“Sec. 201.</span><span> For purposes of this title—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> the term ‘compressed schedule’ means—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> in the case of a full-time employee, an 80-hour biweekly basic work requirement which is scheduled for less than 10 workdays, and</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> in the case of a part-time employee, a biweekly basic work requirement of less than 80 hours which is scheduled for less than 10 workdays; and</span></div></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> the term ‘overtime hours’ means any hours in excess of those specified hours which constitute the compressed schedule.</span></div></section></div><div class="level"><span class="centered small-caps">“compressed schedule experiments</span><section style="-uslm-lc:I21;"><span value="202" class="num">“Sec. 202.</span><div class="subsection"><span value="a" class="num"> (a)</span><span> Notwithstanding <span href="/us/usc/t5/s6101" class="ref">section 6101 of title 5</span>, United States Code, experiments may be conducted in agencies to test a 4-day work-week or other compressed schedule.</span></div><div class="subsection"><span value="span" class="num">“(span)</span><div class="paragraph"><span value="1" class="num">(1)</span><span> An employee in a unit with respect to which an organization of Government employees has not been accorded exclusive recognition shall not be required to participate in any experiment under subsection (a) unless a majority of the employees in such unit who, but for this paragraph, would be included in such experiment have voted to be so included.</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> Upon written request to any agency by an employee, the agency, if it determines that participation in an experiment under subsection (a) would impose a personal hardship on such employee, shall—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> except such employee from such experiment; or</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> reassign such employee to the first position within the agency—</span><div class="clause"><span value="i" class="num">“(i)</span><span> which becomes vacant after such determination,</span></div><div class="clause"><span value="ii" class="num">“(ii)</span><span> which is not included within such experiment,</span></div><div class="clause"><span value="iii" class="num">“(iii)</span><span> for which such employee is qualified, and</span></div><div class="clause"><span value="iv" class="num">“(iv)</span><span> which is acceptable to the employee.</span></div></div><div class="continuation">A determination by an agency under this paragraph shall be made not later than 10 days after the day on which a written request for such determination is received by the agency.</div></div></div><div class="subsection"><span value="c" class="num">“(c)</span><span> Notwithstanding any other provision of this Act [enacting <span href="/us/usc/t5/s5550a" class="ref">section 5550a of this title</span> and this note], but subject to the terms of any written agreement under section 302(a), any experiment under subsection (a) may be terminated by the Commission, or the agency, if it determines that the experiment is not in the best interest of the public, the Government, or the employees.</span></div><div class="subsection"><span value="d" class="num">“(d)</span><span> Experiments under subsection (a) shall terminate not later than the end of the first day of the second pay period beginning after <span date="1982-07-04" class="date">July 4, 1982</span>.</span></div></section></div><div class="level"><span class="centered small-caps">“computation of premium pay</span><section style="-uslm-lc:I21;"><span value="203" class="num">“Sec. 203.</span><div class="subsection"><span value="a" class="num"> (a)</span><span> The provisions of sections 5542(a), 5544(a), and 5550(2) of title 5, United States Code, <span href="/us/usc/t38/s4107/e/5" class="ref">section 4107(e)(5) of title 38</span>, United States Code, section 7 of the Fair Labor Standards Act, as amended [<span href="/us/usc/t29/s207" class="ref">section 207 of Title 29</span>, Labor], or any other law, which relate to premium pay for overtime work, shall not apply to the hours which constitute a compressed schedule.</span></div><div class="subsection"><span value="span" class="num">“(span)</span><span> In the case of any full-time employee, hours worked in excess of the compressed schedule shall be overtime hours and shall be paid for as provided by whichever statutory provisions referred to in subsection (a) are applicable to the employee. In the case of any part-time employee on a compressed schedule, overtime pay shall begin to be paid after the same number of hours of work after which a full-time employee on a similar schedule would begin to receive overtime pay.</span></div><div class="subsection"><span value="c" class="num">“(c)</span><span> Notwithstanding section 5544(a), 5546(a), or 5550(1) of title 5, United States Code, or any other applicable provision of law, in the case of any full-time employee on a compressed schedule who performs work (other than overtime work) on a tour of duty for any workday a part of which is performed on a Sunday, such employee is entitled to pay for work performed during the entire tour of duty at the rate of such employee’s basic pay, plus premium pay at a rate equal to 25 percent of such basic pay rate.</span></div><div class="subsection"><span value="d" class="num">“(d)</span><span> Notwithstanding <span href="/us/usc/t5/s5546/span" class="ref">section 5546(span) of title 5</span>, United States Code, an employee on a compressed schedule who performs work on a holiday designated by Federal statute or Executive order is entitled to pay at the rate of such employee’s basic pay, plus premium pay at a rate equal to such basic pay rate, for such work which is not in excess of the basic work requirement of such employee for such day. For hours worked on such a holiday in excess of the basic work requirement for such day, the employee is entitled to premium pay in accordance with the provisions of section 5542(a) or 5544(a) of title 5, United States Code, as applicable, or the provisions of section 7 of the Fair Labor Standards Act, as amended [<span href="/us/usc/t29/s207" class="ref">section 207 of Title 29</span>, Labor], whichever provisions are more beneficial to the employee.</span></div></section></div><span value="III" class="num">“TITLE III—</span><span>ADMINISTRATIVE PROVISIONS</span><div class="level"><span class="centered small-caps">“administration of leave and retirement provisions</span><section style="-uslm-lc:I21;"><span value="301" class="num">“Sec. 301.</span><span> For purposes of administering sections 6303(a), 6304, 6307(a) and (c), 6323, 6326, and 8339(m) of title 5, United States Code, in the case of an employee who is in any experiment under title I or II, references to a day or workday (or to multiples or parts thereof) contained in such sections shall be considered to be references to 8 hours (or to the respective multiples or parts thereof).</span></section></div><div class="level"><span class="centered small-caps">“application of experiments in the case of negotiated contracts</span><section style="-uslm-lc:I21;"><span value="302" class="num">“Sec. 302.</span><div class="subsection"><span value="a" class="num"> (a)</span><span> Employees within a unit with respect to which an organization of Government employees has been accorded exclusive recognition shall not be included within any experiment under title I or II of this Act except to the extent expressly provided under a written agreement between the agency and such organization.</span></div><div class="subsection"><span value="span" class="num">“(span)</span><span> The Commission or an agency may not participate in a flexible or compressed schedule experiment under a negotiated contract which contains premium pay provisions which are inconsistent with the provisions of section 103 or 203 of this Act, as applicable.</span></div></section></div><div class="level"><span class="centered small-caps">“prohibition of coercion</span><section style="-uslm-lc:I21;"><span value="303" class="num">“Sec. 303.</span><div class="subsection"><span value="a" class="num"> (a)</span><span> An employee may not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other employee for the purpose of interfering with—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> such employee’s rights under title I to elect a time of arrival or departure, to work or not to work credit hours, or to request or not to request compensatory time off in lieu of payment for overtime hours; or</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> such employee’s right under section 202(span)(1) to vote whether or not to be included within a compressed schedule experiment or such employee’s right to request an agency determination under section 202(span)(2).</span></div><div class="continuation">For the purpose of the preceding sentence, the term ‘intimidate, threaten, or coerce’ includes, but is not limited to, promising to confer or conferring any benefit (such as appointment, promotion, or compensation), or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation).</div></div><div class="subsection"><span value="span" class="num">“(span)</span><span> Any employee who violates the provisions of subsection (a) shall, upon a final order of the Commission, be—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> removed from such employee’s position, in which event that employee may not thereafter hold any position as an employee for such period as the Commission may prescribe;</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> suspended without pay from such employee’s position for such period as the Commission may prescribe; or</span></div><div class="paragraph"><span value="3" class="num">“(3)</span><span> disciplined in such other manner as the Commission shall deem appropriate.</span></div><div class="continuation">The commission shall prescribe procedures to carry out this subsection under which an employee subject to removal, suspension, or other disciplinary action shall have rights comparable to the rights afforded an employee subject to removal or suspension under subchapter III of chapter 73 of title 5, United States Code, relating to certain prohibited political activities.</div></div></section></div><div class="level"><span class="centered small-caps">“reports</span><section style="-uslm-lc:I21;"><span value="304" class="num">“Sec. 304.</span><span> Not later than 2½ years after the effective date of titles I and II of this Act, the Commission shall—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> prepare an interim report containing recommendations as to what, if any, legislative or administrative action shall be taken based upon the results of experiments conducted under this Act [enacting <span href="/us/usc/t5/s5550a" class="ref">section 5550a of this title</span> and this note], and</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> submit copies of such report to the President, the Speaker of the House, and the President pro tempore of the Senate.</span></div><div class="continuation">The Commission shall prepare a final report with regard to experiments conducted under this Act [enacting <span href="/us/usc/t5/s5550a" class="ref">section 5550a of this title</span> and this note] and shall submit copies of such report to the President, the Speaker of the House, and the President pro tempore of the Senate not later than 3 years after such effective date.</div></section></div><div class="level"><span class="centered small-caps">“regulations</span><section style="-uslm-lc:I21;"><span value="305" class="num">“Sec. 305.</span><span> The Commission shall prescribe regulations necessary for the administration of the foregoing provisions of this Act [enacting <span href="/us/usc/t5/s5550a" class="ref">section 5550a of this title</span> and this note].</span></section></div><div class="level"><span class="centered small-caps">“effective date</span><section style="-uslm-lc:I21;"><span value="306" class="num">“Sec. 306.</span><span> The provisions of section 4 and titles I and II of this Act shall take effect on the 180th day after—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> the date of the enactment of this Act [<span date="1978-09-29" class="date">Sept. 29, 1978</span>], or</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span date="1978-10-01" class="date">October 1, 1978</span>,</span></div><div class="continuation">whichever date is later.”</div></section></div>
