I am very, very aware of the "make whole" provision of the law. This is about the fourth time I can remember this taking place.
I work for the FAA, and have since 1991.
FAA is an organization that is exempt from most of Title 5 (5 USC). Therefore, I would not put it past my employer to have them come back and say that this law doesn't apply to me. They've made similar claims in the past.
Further, it is my only way to object to fiscal policies of using employees retirement money in the U.S. debt shell game. I simply do not want to play. If this were the private sector, those using employee retirement funds to do continuing operations capital would go to jail. It isn't there money anymore. Once they have paid my wages, it becomes my money, not theirs, and I will do everything in my power to make it clear that they should not be doing that.
Think they have to follow the law? Just look at "locality pay". That is written in law as well. However, they have never, not even once, since adoption of that law, followed that law. Instead, even during the "boom times" of the late 90's, when the federal deficiet finally was under control, and we had a balanced budget, the Presdent found a way to decalre a fiscal emergency and fail to give the locality pay raise due to employees under the law.
So bailing out of "G" when they want to use the money for paying the government's day-to-day bills is simply my small way to protest. If everyone did the same thing, they would really be in a bad place.
I wish every employee would wake up to the shell game played with their retirement funds.