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16 GENERAL LEGISLATION
123 STAT. 2190 PUBLIC LAW 111–84—OCT. 28, 2009
Oct. 28, 2009
[H.R. 2647]
National Defense Authorization Act for Fiscal Year 2010.
123 STAT. 2614
123 STAT. 2615
To authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense Authorization Act for Fiscal Year 2010’’.
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TITLE XIX—FEDERAL EMPLOYEE BENEFITS
******* Subtitle A—General Provisions
SEC. 1901. CREDIT FOR UNUSED SICK LEAVE.
(a) IN GENERAL.—Section 8415 of title 5, United States Code, is amended—
(1) by redesignating the second subsection (k) and sub- section (l) as subsections (l) and (m), respectively; and
(2) in subsection (l) (as so redesignated by paragraph (1))— (A) by striking ‘‘(l) In computing’’ and inserting ‘‘(l)(1)
In computing’’; and
(B) by adding at the end the following:
‘‘(2)(A) Except as provided in paragraph (1), in computing an annuity under this subchapter, the total service of an employee who retires on an immediate annuity or who dies leaving a survivor or survivors entitled to annuity includes the applicable percentage of the days of unused sick leave to his credit under a formal leave system and for which days the employee has not received payment, except that these days will not be counted in determining average pay or annuity eligibility under this subchapter. For pur- poses of this subsection, in the case of any such employee who is excepted from subchapter I of chapter 63 under section 6301(2)(x) through (xiii), the days of unused sick leave to his credit include any unused sick leave standing to his credit when he was excepted from such subchapter.
‘‘(B) For purposes of subparagraph (A), the term ‘applicable percentage’ means—
‘‘(i) 50 percent in the case of an annuity, entitlement to which is based on a death or other separation occurring during the period beginning on the date of enactment of this paragraph and ending on December 31, 2013; and
‘‘(ii) 100 percent in the case of an annuity, entitlement to which is based on a death or other separation occurring after December 31, 2013.’’.
(b) EXCEPTION FROM DEPOSIT REQUIREMENT.—Section
Public Law 111–84 111th Congress
An Act
8422(d)(2) of title 5, United States Code, is amended by striking