(a) Election of employee

Notwithstanding any other provision of law, including laws relating to dual compensation, the Secretary, at the election of the employee, shall prorate the salary of an employee employed in an education position for the academic school year over the entire 12-month period. Each educator employed for the academic school year shall annually elect to be paid on a 12-month basis or for those months while school is in session. No educator shall suffer a loss of pay or benefits, including benefits under unemployment or other Federal or federally assisted programs, because of such election.

(b) Change of election

During the course of such year the employee may change election once.

(c) Lump sum payment

That portion of the employee's pay which would be paid between academic school years may be paid in lump sum at the election of the employee.

(d) ''Educator'' and ''Education position'' defined

For the purposes of this section the terms ''educator'' and ''education position'' have the meaning contained in paragraphs (1) and (2) of section 2012(n) of this title. This section applies to those individuals employed under the provisions of section 2012 of this title or title 5