Sec. 105. CREDITABILITY OF ANNUAL LEAVE FOR PURPOSES OF MEETING MINIMUM ELIGIBILITY REQUIREMENTS FOR AN IMMEDIATE ANNUITY
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## SEC. 105 CREDITABILITY OF ANNUAL LEAVE FOR PURPOSES OF MEETING MINIMUM ELIGIBILITY REQUIREMENTS FOR AN IMMEDIATE ANNUITY **[**[5 U.S.C. 8332 note](/us/usc/t5/s8332)**]** ###
(a)In General An employee of the Interstate Commerce Commission who is separated from Government service pursuant to the abolition of that agency under section 101 shall, upon appropriate written application, be given credit, for purposes of determining eligibility for and computing the amount of any annuity under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, for accrued annual leave standing to such employee's credit at the time of separation. ###
(b)Limitation and Other Conditions Any regulations necessary to carry out this section shall be prescribed by the Office of Personnel Management. Such regulations shall include provisions— ####
(1)defining the types of leave for which credit may be given under this section (such definition to be similar to the corresponding provisions of the regulations under section 351.608(c)(2) of title 5 of the Code of Federal Regulations, as in effect on the date of the enactment of this Act); ####
(2)limiting the amount of accrued annual leave which may be used for the purposes specified in subsection
(a)to the minimum period of time necessary in order to permit such employee to attain first eligibility for an immediate annuity under section 8336, 8412, or 8414 of title 5, United States Code (in a manner similar to the corresponding provisions of the regulations referred to in paragraph (1)); ####
(3)under which contributions (or arrangements for the making of contributions) shall be made so that— #####
(A)employee contributions for any period of leave for which retirement credit may be obtained under this section shall be made by the employee; and #####
(B)Government contributions with respect to such period shall similarly be made by the Interstate Commerce Commission or other appropriate officer or entity (out of appropriations otherwise available for such contributions); and ####
(4)under which subsection
(a)shall not apply with respect to an employee who declines a reasonable offer of employment in another position in the Department of Transportation made under this Act or any amendment made by this Act. ###
(c)Extinguishment of Eligibility for Lump-Sum Payment A lump-sum payment under section 5551 of title 5, United States Code, shall not be payable with respect to any leave for which retirement credit is obtained under this section. * * * * * * * # TITLE II SURFACE TRANSPORTATION BOARD * * * * * * *
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Sec. 105
CREDITABILITY OF ANNUAL LEAVE FOR PURPOSES OF MEETING MINIMUM ELIGIBILITY REQUIREMENTS FOR AN IMMEDIATE ANNUITY
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