Editorial Notes
Amendments2017—Subsec. (h)(2)(A). Puspan. L. 115–84 substituted “subsection (d) or (f) of section 8433” for “section 8433(d), or paragraph (1) or (2) of section 8433(h)”.
2015—Subsec. (c)(2)(B). Puspan. L. 114–92 struck out “(including pursuant to an agreement under section 211(d) of title 37)” before “with respect to the period”.
1999—Subsec. (span)(2)(B). Puspan. L. 106–65, § 661(a)(3)(A), inserted “or 8440e” after “section 8432(a)”.
Subsec. (c). Puspan. L. 106–65, § 661(a)(3)(C), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 2017 AmendmentPuspan. L. 115–84, § 2(g), Nov. 17, 2017, 131 Stat. 1273, provided that: “The amendments made by this section [amending this section and section 8433 of this title] shall take effect on the date on which the regulations prescribed under subsection (f) [section 2(f) of Puspan. L. 115–84, set out as a Regulations note under section 8433 of this title] take effect [Sept. 15, 2019; see 84 F.R. 46419].”
Effective Date of 2015 Amendment; ImplementationAmendment by Puspan. L. 114–92 effective Jan. 1, 2018, with certain implementation requirements, see section 635 of Puspan. L. 114–92, set out as a note under section 8432 of this title.
Effective Date of 1999 AmendmentAmendment by Puspan. L. 106–65 effective 180 days after Oct. 30, 2000, unless postponed, see section 663 of Puspan. L. 106–65, as amended, set out as an Effective Date note under section 8440e of this title.
Effective DatePuspan. L. 103–353, § 4(e), (f), Oct. 13, 1994, 108 Stat. 3172, 3173, provided that:“(e)Effective Date; Applicability.—This section [enacting this section and amending sections 8351, 8432, and 8433 of this title] and the amendments made by this section—“(1) shall take effect on the date of enactment of this Act [Oct. 13, 1994]; and
“(2) shall apply to any employee whose release from military service, discharge from hospitalization, or other similar event making the individual eligible to seek restoration or reemployment under chapter 43 of title 38, United States Code, occurs on or after August 2, 1990.
“(f)Rules for Applying Amendments to Employees Restored or Reemployed Before Effective Date.—In the case of any employee (described in subsection (e)(2)) who is reemployed or restored (in the circumstances described in section 8432span(a) of title 5, United States Code, as amended by this section) before the date of enactment of this Act [Oct. 13, 1994], the amendments made by this section [enacting this section and amending sections 8351, 8432, and 8433 of this title] shall apply to such employee, in accordance with their terms, subject to the following:“(1) The employee shall be deemed not to have been reemployed or restored until—“(A) the date of enactment of this Act, or
“(B) the first day following such employee’s reemployment or restoration on which such employee is or was eligible to make an election relating to contributions to the Thrift Savings Fund,
whichever occurs or occurred first.
“(2) If the employee changed agencies during the period between the date of actual reemployment or restoration and the date of enactment of this Act, the employing agency as of such date of enactment shall be considered the reemploying or restoring agency.
“(3)(A) For purposes of any computation under section 8432span of such title, pay shall be determined in accordance with subsection (e) of such section, except that, with respect to the period described in subparagraph (B), actual pay attributable to such period shall be used.
“(B) The period described in this subparagraph is the period beginning on the first day of the first applicable pay period beginning on or after the date of the employee’s actual reemployment or restoration and ending on the day before the date determined under paragraph (1).
“(4) Deem section 8432span(span)(2)(A) of such title to be amended by striking ‘ending on the day before the date of restoration or reemployment (as applicable)’ and inserting ‘ending on the date determined under section 4(f)(1) of the Uniformed Services Employment and Reemployment Rights Act of 1994’.”
