Public Law 86–604

subsection (1) of section 1 of the Civil Service Retirement Act is amended by striking out the words “in the case of an employee separated or transferred to a position not within the purview of this Act before he has completed five years of civilian service or a Member separated before he has completed five years of Member service” and inserting in lieu thereof “in the case of an employee or Member separated or transferred to a position not within the purview of this Act before he has completed five years of civilian service”.

Subsection (f) of section 6 of such Act is amended by striking out the words “Member service” where they first appear in such subsection and inserting in lieu thereof the words “civilian service”.

Subsection (b) of section 8 of such Act is amended by striking out the words “Member service” in the first sentence and inserting in lieu thereof the words “civilian service”.

The first sentence of section 9(c) is amended to read as follows:

“(c)“(c)

The annuity of a Member, or of a former Member with title to Member annuity, retiring under this Act shall be computed as provided in subsection (a), except that if he has had at least five years’ service as a Member or a congressional employee, or any combination of such service the annuity shall be computed, with respect to (1) his service as a Member and so much of his military service as is creditable for the purposes of this clause, and (2) so much of his congressional employee service as does not exceed fifteen years, by multiplying 2½ per centum of the average salary by the years of such service.”

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Section 13(c) of the Civil Service Retirement Act is amended to read as follows:

“(c)“(c)

If a Member heretofore or hereafter retired under this Act hereafter becomes employed in an appointive or elective position, annuity payments shall be discontinued during such employment and resumed in the same amount upon termination of such employment, except that—

“(1)“(1)

any such retired Member or any Member heretofore or hereafter separated with title to an immediate or deferred annuity who serves or has served, at any time after separation as a Member, in an appointive position in which he is or was subject to this Act shall, it he so elects, have his Member annuity computed or recomputed as if such service had been performed prior to his separation as a Member and such annuity as so computed or recomputed shall be effective (A) the day Member annuity commences, (B) the first day of the month following the date of separation from the appointive position, or (C) the first day of the first month following the date of enactment of this Act, whichever day is the latest;

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“(2)“(2)

if such retired Member shall have become employed after December 31, 1958, in an appointive position on an intermittent-service basis, (A) his annuity shall continue during such employment and shall not be increased as a result of service performed during such employment, (B) no retirement deductions shall be withheld from his salary, (C) there shall be deducted from his salary, except for lump-sum payment purposes under the Act of December 21, 1944, a sum equal to the annuity allocable to the

58 Stat. 845.

5 USC 61b and notes.

period of actual employment, and (D) the amounts so deducted shall be deposited in the Treasury of the United States to the credit of the fund;

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“(3)“(3)

if such retired Member shall have become employed after December 31, 1958, in an appointive position without compensation on a full-time, or a substantially full-time, basis, his annuity shall continue during such employment and shall not be increased as a result of service performed during such employment; and

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“(4)“(4)

if such retired Member takes office as Member and gives notice as provided in section 2(c), his service as Member during

5 USC 2252(c).

such period shall be credited in determining his right to and the amount of his subsequent annuity.

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This subsection shall not apply to a Member appointed by the President of the United States to a position not requiring confirmation by the Senate.”

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Section 2(2) of the Act of June 25, 1958 (Public Law

5 USC 2259 note.

85–465; 72 Stat. 219), is amended to read as follows:

“(2)“(2)

who (A) died before February 29, 1948, or (B), if retired under the Alaska Railroad Retirement Act of June 29, 1936, as amended, or under sections 91 to 107, inclusive, of title 2 of the

49 Stat. 2017.

Canal Zone Code, approved June 19, 1934, as amended, died before April 1, 1948; and”.

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Section 4 of such Act of June 25, 1958, shall apply to annuities

72 Stat. 219.

authorized by this section.

An annuity provided by this section shall commence August 1,

Effective date.

1958, or on the first day of the month in which application therefor is received in the Civil Service Commission, whichever occurs later.