§ 8351. Participation in the Thrift Savings Plan

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Pub. L. 99–335 title II § 206(a)(1) · 100 Stat. 514

   Enacted · 5 U.S.C. § 8351

   Added Pub. L. 99–335, title II, § 206(a)(1), June 6, 1986, 100 Stat. 593

   Source evidence

   Code source credit
   Added Pub. L. 99–335, title II, § 206(a)(1), June 6, 1986, 100 Stat. 593

   Enacted provision · exact public law section
   (1) Subchapter III of chapter 83 of title 5, United States Code (as amended by sections 201(b) and 205(a) of this Act), is amended by adding at the end thereof the following new section: “§ 8351. Participation in the Thrift Savings Plan “(a) (1) An employee or Member may elect to contribute to the Thrift Savings Fund established by section 8437 of this title. “(2) An election may be made under paragraph (1) only during a period provided under section 8432(b) for individuals who are subject to chapter 84 of this title. “(b) (1) Except as otherwise provided in this subsection, the provisions of subchapters III and VII of chapter 84 of this title shall apply with respect to employees and Members making contributions to the Thrift Savings Fund under subsection (a) of this section. “(2) An employee or Member may contribute to the Thrift Savings Fund in any pay period any amount not exceeding 5 percent of the amount of the employee’s or Member’s basic pay for such period. “(3) No contributions may be made by an employing agency for the benefit of an employee or Member under section 8432(c) of this title. “(4) Section 8433(b) of this title applies to any employee or Member who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and separates from Government employment entitled to an immediate annuity under this subchapter (including a disability retirement annuity under section 8337 of this title) or separates from Government employment entitled 5 USC 8101. to benefits under subchapter I of chapter 81 of this title. “(5) Section 8433(c) of this title applies to any employee or Member who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and separates entitled to a deferred annuity under this subchapter. “(6) Section 8433(d) of this title applies to any employee or Member who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and separates from the service before becoming entitled to an immediate or deferred annuity under this subchapter. “(7) (A) The provisions of section 8435 of this title that require a waiver or consent by the spouse of an employee or Member (or former employee or Member) shall not apply with respect to sums in the Thrift Savings Fund contributed by the employee or Member (or former employee or Member) and earnings in the fund attributable to such sums. “(B) An election, change of election, or modification (relating to Loans. the commencement date of a deferred annuity) authorized by subchapter III of chapter 84 of this title shall be effective in the case of a married employee or Member, and a loan may be approved under section 8433(i) of this title in such case, only after the Executive Director notifies the employee’s or Member’s spouse that the election, change of election, or modification has been made or that the Executive Director has received an application for such loan, as the case may be. “(C) Subparagraph (B) may be waived with respect to a spouse or former spouse if the employee or Member establishes to the satisfaction of the Executive Director of the Federal Retirement Thrift Investment Board that the whereabouts of such spouse or former spouse cannot be determined. “(8) Sums Contributed under this section and earnings attributable Securities. to such sums may be invested and reinvested only in the Government Securities Investment Fund established under section 8438(b)(1)(A) of this title. “(c) The Executive Director of the Federal Retirement Thrift Regulations. Investment Board may prescribe regulations to carry out this section.”.

2. 1988

   Pub. L. 100–238 title I § 111(a) · 101 Stat. 1744

   1. Added · 5 U.S.C. § 8351(c); 5 U.S.C. § 8351(d)

      Pub. L. 100–238 added subsec. (c)

   2. Redesignated · 5 U.S.C. § 8351(c); 5 U.S.C. § 8351(d)

      Pub. L. 100–238 redesignated former subsec. (c) as (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 100–238 added subsec. (c) and redesignated former subsec. (c) as (d).

   Enacted provision · exact public law section
   (a) In General.— Section 8351 is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: “(c) A member of the Foreign Service described in section 103(6) of the Foreign Service Act of 1980 shall be ineligible to make any election under this section.”.

3. 1990

   Thrift Savings Plan Technical Amendments Act of 1990

   Pub. L. 101–335 § 6(b)(1)(B) · 104 Stat. 319

   Added · 5 U.S.C. § 8351(b)(7)(D)

   Pub. L. 101–335, § 6(b)(1)(B), added subpar. (D)

   Source evidence

   Code amendment note
   Subsec. (b)(7)(D). Pub. L. 101–335, § 6(b)(1)(B), added subpar. (D).

   Enacted provision · exact public law section
   (B) by inserting after paragraph (7)(C) the following: “(D) Except with respect to the making of loans under section 8433(i), none of the provisions of this paragraph requiring notification to a spouse or former spouse of an employee, Member, former employee, or former Member shall apply in any case in which the nonforfeitable account balance of the employee, Member, former employee, or former Member is $3,500 or less.”

4. 1990

   Thrift Savings Plan Technical Amendments Act of 1990

   Pub. L. 101–335 § 6(b)(1)(A) · 104 Stat. 319

   Added · 5 U.S.C. § 8351(b)(8)

   Pub. L. 101–335, § 6(b)(1)(A), added par. (8)

   Source evidence

   Code amendment note
   Subsec. (b)(8). Pub. L. 101–335, § 6(b)(1)(A), added par. (8).

   Enacted provision · exact public law section
   (A) by adding after paragraph (7) the following: “(8) Notwithstanding paragraph (6), if an employee or Member who elects to make contributions to the Thrift Savings Fund under subsection (a) separates from Government employment before becoming entitled to a deferred or immediate annuity under this subchapter, and such employee’s or Member’s nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the employee or Member elects, at such time and otherwise in such manner as the Executive Director prescribes, to have the nonforfeitable account balance transferred to an eligible retirement plan as provided in section 8433(e). “(9) Notwithstanding paragraphs (4) and (5), if an employee or Member separates from Government employment under circumstances making such employee or Member eligible to make an election under subsection (b) or (c) of section 8433, and such employee’s or Member’s nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the employee or Member elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under such subsection (b) or (c), as applicable. “(10) For the purpose of this section, the term ‘nonforfeitable account balance’ has the same meaning as under section 8401(32).”; and

5. 1990

   Thrift Savings Plan Technical Amendments Act of 1990

   Pub. L. 101–335 § 3(b)(1) · 104 Stat. 319

   Struck · 5 U.S.C. § 8351(b)(8)

   Pub. L. 101–335, § 3(b)(1), struck out par. (8) which read as follows: “Sums contributed under this section and earnings attributable to such sums may be invested and reinvested only in the Government Securities Investment Fund established under section 8438(b)(1)(A) of this title.”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 101–335, § 3(b)(1), struck out par. (8) which read as follows: “Sums contributed under this section and earnings attributable to such sums may be invested and reinvested only in the Government Securities Investment Fund established under section 8438(b)(1)(A) of this title.”

   Enacted provision · exact public law section
   (1) CSRS participants.— Section 8351(b)(8) of title 5, United States Code, is repealed.

6. 1990

   Thrift Savings Plan Technical Amendments Act of 1990

   Pub. L. 101–335 § 6(b)(1)(A) · 104 Stat. 319

   Added · 5 U.S.C. § 8351(b)(9); 5 U.S.C. § 8351(b)(10)

   Pub. L. 101–335, § 6(b)(1)(A), added pars. (9) and (10)

   Source evidence

   Code amendment note
   Subsec. (b)(9), (10). Pub. L. 101–335, § 6(b)(1)(A), added pars. (9) and (10).

   Enacted provision · exact public law section
   (A) by adding after paragraph (7) the following: “(8) Notwithstanding paragraph (6), if an employee or Member who elects to make contributions to the Thrift Savings Fund under subsection (a) separates from Government employment before becoming entitled to a deferred or immediate annuity under this subchapter, and such employee’s or Member’s nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the employee or Member elects, at such time and otherwise in such manner as the Executive Director prescribes, to have the nonforfeitable account balance transferred to an eligible retirement plan as provided in section 8433(e). “(9) Notwithstanding paragraphs (4) and (5), if an employee or Member separates from Government employment under circumstances making such employee or Member eligible to make an election under subsection (b) or (c) of section 8433, and such employee’s or Member’s nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the employee or Member elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under such subsection (b) or (c), as applicable. “(10) For the purpose of this section, the term ‘nonforfeitable account balance’ has the same meaning as under section 8401(32).”; and

7. 1991

   Intelligence Authorization Act, Fiscal Year 1992

   Pub. L. 102–183 title III § 308(a) · 105 Stat. 1260

   1. Added · 5 U.S.C. § 8351(d); 5 U.S.C. § 8351(e)

      Pub. L. 102–183 added subsec. (d)

   2. Redesignated · 5 U.S.C. § 8351(d); 5 U.S.C. § 8351(e)

      Pub. L. 102–183 redesignated former subsec. (d) as (e)

   Source evidence

   Code amendment note
   Subsecs. (d), (e). Pub. L. 102–183 added subsec. (d) and redesignated former subsec. (d) as (e).

   Enacted provision · exact public law section
   (a) Participation in the Thrift Savings Plan.— Section 8351 of title 5, United States Code, is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: “(d) A foreign national employee of the Central Intelligence Agency whose services are performed outside the United States shall be ineligible to make an election under this section.”.

8. 1992

   Defense Conversion, Reinvestment, and Transition Assistance Act of 1992

   Pub. L. 102–484 div. D title XLIV § 4437(c) · 106 Stat. 2315

   Inserted · 5 U.S.C. § 8351(b)(4)

   Pub. L. 102–484 inserted “, separates from Government employment pursuant to regulations under section 3502(a) of this title or procedures under section 3595(a) of this title in a reduction in force,” after “section 8337 of this title)”

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 102–484 inserted “, separates from Government employment pursuant to regulations under section 3502(a) of this title or procedures under section 3595(a) of this title in a reduction in force,” after “section 8337 of this title)”.

   Enacted provision · exact public law section
   (c) Application to Civil Service Retirement System Employees.— Section 8351(b)(4) of title 5, United States Code, is amended by inserting “, separates from Government employment pursuant to regulations under section 3502(a) of this title or proce-dures under section 3595(a) of this title in a reduction in force,” after “section 8337 of this title)”.

9. 1994

   Federal Workforce Restructuring Act of 1994

   Pub. L. 103–226 § 9(a)(1) · 108 Stat. 111

   Amended · 5 U.S.C. § 8351(b)(4)

   Pub. L. 103–226, § 9(a)(1), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “Section 8433(b) of this title applies to any employee or Member who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and separates from Government employment entitled to an immediate annuity under this subchapter (including a disability retirement annuity under section 8337 of this title), separates from Government employment pursuant to regulations under section 3502(a) of this title or procedures under section 3595(a) of this title in a reduction in force, or separates from Government employment entitled to benefits under subchapter I of chapter 81 of this title.”

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 103–226, § 9(a)(1), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “Section 8433(b) of this title applies to any employee or Member who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and separates from Government employment entitled to an immediate annuity under this subchapter (including a disability retirement annuity under section 8337 of this title), separates from Government employment pursuant to regulations under section 3502(a) of this title or procedures under section 3595(a) of this title in a reduction in force, or separates from Government employment entitled to benefits under subchapter I of chapter 81 of this title.”

   Enacted provision · exact public law section
   (1) by amending paragraph (4) to read as follows: “(4) Section 8433(b) of this title applies to any employee or Member who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and separates from Government employment.”;

10. 1994

    Federal Workforce Restructuring Act of 1994

    Pub. L. 103–226 § 9(a)(2) · 108 Stat. 111

    1. Redesignated · 5 U.S.C. § 8351(b)(5)

       Pub. L. 103–226, § 9(a)(2), (3), redesignated par. (7) as (5)

    2. Struck · 5 U.S.C. § 8351(b)(5)

       Pub. L. 103–226, § 9(a)(2), (3), struck out former par. (5) which read as follows: “Section 8433(c) of this title applies to any employee or Member who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and separates entitled to a deferred annuity under this subchapter.”

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 103–226, § 9(a)(2), (3), redesignated par. (7) as (5) and struck out former par. (5) which read as follows: “Section 8433(c) of this title applies to any employee or Member who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and separates entitled to a deferred annuity under this subchapter.”

    Enacted provision · exact public law section
    (2) by striking paragraphs (5), (6), and (8);

11. 1994

    Federal Workforce Restructuring Act of 1994

    Pub. L. 103–226 § 9(a)(4) · 108 Stat. 111

    1. Substituted · 5 U.S.C. § 8351(b)(5)(B)(D)

       Pub. L. 103–226, § 9(a)(4), (i)(1), (2), substituted “section 8433(g)” for “section 8433(i)” in subpars. (B) and (D)

    2. Struck · 5 U.S.C. § 8351(b)(5)(B)(D)

       Pub. L. 103–226, § 9(a)(4), (i)(1), (2), struck out “or former spouse” after “spouse” in two places in subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (b)(5)(B) to (D). Pub. L. 103–226, § 9(a)(4), (i)(1), (2), substituted “section 8433(g)” for “section 8433(i)” in subpars. (B) and (D) and struck out “or former spouse” after “spouse” in two places in subpar. (C).

    Enacted provision · exact public law section
    (4) in paragraph (5)(C) (as so redesignated by paragraph (3) of this subsection) by striking “or former spouse” each place it appears;

12. 1994

    Federal Workforce Restructuring Act of 1994

    Pub. L. 103–226 § 9(a)(5) · 108 Stat. 111

    Amended · 5 U.S.C. § 8351(b)(6)

    Pub. L. 103–226, § 9(a)(5), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “Notwithstanding paragraphs (4) and (5), if an employee or Member separates from Government employment under circumstances making such employee or Member eligible to make an election under subsection (b) or (c) of section 8433, and such employee’s or Member’s nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the employee or Member elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under such subsection (b) or (c), as applicable.”

    Source evidence

    Code amendment note
    Subsec. (b)(6). Pub. L. 103–226, § 9(a)(5), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “Notwithstanding paragraphs (4) and (5), if an employee or Member separates from Government employment under circumstances making such employee or Member eligible to make an election under subsection (b) or (c) of section 8433, and such employee’s or Member’s nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the employee or Member elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under such subsection (b) or (c), as applicable.”

    Enacted provision · exact public law section
    (5) by amending paragraph (6) (as so redesignated by paragraph (3) of this subsection) to read as follows: “(6) Notwithstanding paragraph (4), if an employee or Member separates from Government employment and such employee’s or Member’s nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the employee or Member elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under subsection (b).”; and

13. 1994

    Federal Workforce Restructuring Act of 1994

    Pub. L. 103–226 § 9(a)(2) · 108 Stat. 111

    1. Redesignated · 5 U.S.C. § 8351(b)(6)

       Pub. L. 103–226, § 9(a)(2), (3), redesignated par. (9) as (6)

    2. Struck · 5 U.S.C. § 8351(b)(6)

       Pub. L. 103–226, § 9(a)(2), (3), struck out former par. (6) which read as follows: “Section 8433(d) of this title applies to any employee or Member who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and separates from the service before becoming entitled to an immediate or deferred annuity under this subchapter.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–226, § 9(a)(2), (3), redesignated par. (9) as (6) and struck out former par. (6) which read as follows: “Section 8433(d) of this title applies to any employee or Member who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and separates from the service before becoming entitled to an immediate or deferred annuity under this subchapter.”

    Enacted provision · exact public law section
    (2) by striking paragraphs (5), (6), and (8);

14. 1994

    Federal Workforce Restructuring Act of 1994

    Pub. L. 103–226 § 9(a)(6) · 108 Stat. 111

    Substituted · 5 U.S.C. § 8351(b)(7)

    Pub. L. 103–226, § 9(a)(6), which directed substitution of “nonforfeitable” for “nonforfeiture”, could not be executed because the term “nonforfeiture” does not appear in text

    Source evidence

    Code amendment note
    Subsec. (b)(7). Pub. L. 103–226, § 9(a)(6), which directed substitution of “nonforfeitable” for “nonforfeiture”, could not be executed because the term “nonforfeiture” does not appear in text.

    Enacted provision · exact public law section
    (6) in paragraph (7) (as so redesignated by paragraph (3) of this subsection) by striking “nonforfeiture” and inserting “nonforfeitable”.

15. 1994

    Federal Workforce Restructuring Act of 1994

    Pub. L. 103–226 § 9(a)(3) · 108 Stat. 111

    Redesignated · 5 U.S.C. § 8351(b)(7)

    Pub. L. 103–226, § 9(a)(3), redesignated par. (10) as (7). Former par. (7) redesignated (5)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–226, § 9(a)(3), redesignated par. (10) as (7). Former par. (7) redesignated (5).

    Enacted provision · exact public law section
    (3) by redesignating paragraphs (7), (9), and (10) as paragraphs (5), (6), and (7), respectively;

16. 1994

    Federal Workforce Restructuring Act of 1994

    Pub. L. 103–226 § 9(a)(2) · 108 Stat. 111

    Struck · 5 U.S.C. § 8351(b)(8)

    Pub. L. 103–226, § 9(a)(2), struck out par. (8) which read as follows: “Notwithstanding paragraph (6), if an employee or Member who elects to make contributions to the Thrift Savings Fund under subsection (a) separates from Government employment before becoming entitled to a deferred or immediate annuity under this subchapter, and such employee’s or Member’s nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the employee or Member elects, at such time and otherwise in such manner as the Executive Director prescribes, to have the nonforfeitable account balance transferred to an eligible retirement plan as provided in section 8433(e).”

    Source evidence

    Code amendment note
    Subsec. (b)(8). Pub. L. 103–226, § 9(a)(2), struck out par. (8) which read as follows: “Notwithstanding paragraph (6), if an employee or Member who elects to make contributions to the Thrift Savings Fund under subsection (a) separates from Government employment before becoming entitled to a deferred or immediate annuity under this subchapter, and such employee’s or Member’s nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the employee or Member elects, at such time and otherwise in such manner as the Executive Director prescribes, to have the nonforfeitable account balance transferred to an eligible retirement plan as provided in section 8433(e).”

    Enacted provision · exact public law section
    (2) by striking paragraphs (5), (6), and (8);

17. 1994

    Federal Workforce Restructuring Act of 1994

    Pub. L. 103–226 § 9(a)(3) · 108 Stat. 111

    Redesignated · 5 U.S.C. § 8351(b)(9); 5 U.S.C. § 8351(b)(10)

    Pub. L. 103–226, § 9(a)(3), redesignated pars. (9) and (10) as (6) and (7), respectively

    Source evidence

    Code amendment note
    Subsec. (b)(9), (10). Pub. L. 103–226, § 9(a)(3), redesignated pars. (9) and (10) as (6) and (7), respectively.

    Enacted provision · exact public law section
    (3) by redesignating paragraphs (7), (9), and (10) as paragraphs (5), (6), and (7), respectively;

18. 1994

    Uniformed Services Employment and Reemployment Rights Act of 1994

    Pub. L. 103–353 § 4(d) · 108 Stat. 3149

    Added · 5 U.S.C. § 8351(b)(11)

    Pub. L. 103–353 added par. (11)

    Source evidence

    Code amendment note
    Subsec. (b)(11). Pub. L. 103–353 added par. (11).

    Enacted provision · exact public law section
    (d) Applicability to Employees Under GSRS.— Section 8351(b) of title 5, United States Code, is amended by adding at the end the following: “(1) In applying section 8432b to an employee contributing to the Thrift Savings Fund after being restored to or reemployed in a position subject to this subchapter, pursuant to chapter 43 of title 38— “(A) any reference in such section to contributions under section 8432(a) shall be considered a reference to employee contributions under this section; “(B) the contribution rate under section 8432b(b)(2)(A) shall be the maximum percentage allowable under subsection (b)(2) of this section; and “(C) subsections (c) and (d) of section 8432b shall be disregarded.”.

19. 1996

    Amber Hagerman Child Protection Act of 1996

    Pub. L. 104–208 § 101(f)(tVI)(tII)(s202)(1)(A) · 110 Stat. 3009

    1. Substituted · 5 U.S.C. § 8351(b)(5)(B)

       Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 202(1)(A)]], substituted “An election or change of election” for “An election, change of election, or modification (relating to the commencement date of a deferred annuity)”

    2. Inserted · 5 U.S.C. § 8351(b)(5)(B)

       Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 202(1)(A)]], inserted “or withdrawal” after “and a loan” and “and (h)” after “8433(g)”

    3. Substituted · 5 U.S.C. § 8351(b)(5)(B)

       Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 202(1)(A)]], substituted “the election or change of election” for “the election, change of election, or modification”

    4. Inserted · 5 U.S.C. § 8351(b)(5)(B)

       Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 202(1)(A)]], inserted “or withdrawal” after “for such loan”

    Source evidence

    Code amendment note
    Subsec. (b)(5)(B). Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 202(1)(A)]], substituted “An election or change of election” for “An election, change of election, or modification (relating to the commencement date of a deferred annuity)”, inserted “or withdrawal” after “and a loan” and “and (h)” after “8433(g)”, substituted “the election or change of election” for “the election, change of election, or modification”, and inserted “or withdrawal” after “for such loan”.

    Enacted provision · exact public law section
    Sec. 101. (a) For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

20. 1996

    Amber Hagerman Child Protection Act of 1996

    Pub. L. 104–208 § 101(f)(tVI)(tII)(s202)(1)(B) · 110 Stat. 3009

    Inserted · 5 U.S.C. § 8351(b)(5)(D)

    Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 202(1)(B)]], inserted “or withdrawals” after “of loans” and “or (h)” after “8433(g)”

    Source evidence

    Code amendment note
    Subsec. (b)(5)(D). Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 202(1)(B)]], inserted “or withdrawals” after “of loans” and “or (h)” after “8433(g)”.

    Enacted provision · exact public law section
    Sec. 101. (a) For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

21. 1996

    Amber Hagerman Child Protection Act of 1996

    Pub. L. 104–208 § 101(f)(tVI)(tII)(s202)(2) · 110 Stat. 3009

    1. Substituted · 5 U.S.C. § 8351(b)(6)

       Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 202(2)]], substituted “less than an amount that the Executive Director prescribes by regulation” for “$3,500 or less”

    2. Struck · 5 U.S.C. § 8351(b)(6)

       Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 202(2)]], struck out “unless the employee or Member elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under subsection (b)” before period at end

    Source evidence

    Code amendment note
    Subsec. (b)(6). Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 202(2)]], substituted “less than an amount that the Executive Director prescribes by regulation” for “$3,500 or less” and struck out “unless the employee or Member elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under subsection (b)” before period at end.

    Enacted provision · exact public law section
    Sec. 101. (a) For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

22. 1999

    Pub. L. 106–65 § 661(a)(3)(B)(ii) · 113 Stat. 512

    Inserted · 5 U.S.C. § 8351(b)(8)(A)

    Pub. L. 106–65, § 661(a)(3)(B)(ii), inserted before semicolon at end “, except that the reference in section 8432b(b)(2)(B) to employee contributions under section 8432(a) shall be considered a reference to employee contributions under this subchapter and section 8440e”

    Source evidence

    Code amendment note
    Subsec. (b)(8)(A). Pub. L. 106–65, § 661(a)(3)(B)(ii), inserted before semicolon at end “, except that the reference in section 8432b(b)(2)(B) to employee contributions under section 8432(a) shall be considered a reference to employee contributions under this subchapter and section 8440e”.

    Enacted provision · exact public law section
    (ii) Subparagraph (A) of section 8351(b)(8) of such title 5 (as so redesignated by clause (i)) is amended by striking the semicolon and inserting the following: “, except that the reference in section 8432b(b)(2)(B) to employee contributions under section 8432(a) shall be considered a reference to employee contributions under this subchapter and section 8440e;”.

23. 1999

    Pub. L. 106–65 § 661(a)(3)(B)(i) · 113 Stat. 512

    1. Amended · 5 U.S.C. § 8351(b)(8)(A)

       Pub. L. 106–65, § 661(a)(3)(B)(i), and Pub. L. 106–168, amended subsec. (b) identically

    2. Redesignated · 5 U.S.C. § 8351(b)(8)(A)

       Pub. L. 106–65, § 661(a)(3)(B)(i), and Pub. L. 106–168, redesignating par. (11) as (8)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 106–65, § 661(a)(3)(B)(i), and Pub. L. 106–168, amended subsec. (b) identically, redesignating par. (11) as (8).

    Enacted provision · exact public law section
    (i) Section 8351(b) of title 5, United States Code, is amended by redesignating paragraph (11) as paragraph (8).

24. 1999

    Pub. L. 106–65 § 661(a)(3)(B)(i) · 113 Stat. 512

    1. Amended · 5 U.S.C. § 8351(b)(11)

       Pub. L. 106–65, § 661(a)(3)(B)(i), and Pub. L. 106–168, amended subsec. (b) identically

    2. Redesignated · 5 U.S.C. § 8351(b)(11)

       Pub. L. 106–65, § 661(a)(3)(B)(i), and Pub. L. 106–168, redesignating par. (11) as (8)

    Source evidence

    Code amendment note
    Subsec. (b)(11). Pub. L. 106–65, § 661(a)(3)(B)(i), and Pub. L. 106–168, amended subsec. (b) identically, redesignating par. (11) as (8).

    Enacted provision · exact public law section
    (i) Section 8351(b) of title 5, United States Code, is amended by redesignating paragraph (11) as paragraph (8).

25. 1999

    Federal Reserve Board Retirement Portability Act

    Pub. L. 106–168 title II § 203(b) · 113 Stat. 1806

    Added · 5 U.S.C. § 8351(b)(9)

    Pub. L. 106–168 added par. (9)

    Source evidence

    Code amendment note
    Subsec. (b)(9). Pub. L. 106–168 added par. (9).

    Enacted provision · exact public law section
    (b) Conforming Amendments.— Subsection (b) of section 8351 of title 5, United States Code, is amended by redesignating paragraph (11) as paragraph (8), and by adding at the end the following: “(9) For the purpose of this section, separation from Government employment includes a transfer described in section 8431”.

26. 2000

    Consolidated Appropriations Act, 2001

    Pub. L. 106–554 § 1(a)(4)(dB)(tI)(s138)(b) · 114 Stat. 2763

    1. Amended · 5 U.S.C. § 8351(b)(2)

       Pub. L. 106–554 designated existing provisions as subpar. (A)

    2. Substituted · 5 U.S.C. § 8351(b)(2)

       Pub. L. 106–554 substituted “the maximum percentage of such employee’s or Member’s basic pay for such pay period allowable under subparagraph (B).” for “5 percent of the amount of the employee’s or Member’s basic pay for such period.”

    3. Added · 5 U.S.C. § 8351(b)(2)

       Pub. L. 106–554 added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 106–554 designated existing provisions as subpar. (A), substituted “the maximum percentage of such employee’s or Member’s basic pay for such pay period allowable under subparagraph (B).” for “5 percent of the amount of the employee’s or Member’s basic pay for such period.”, and added subpar. (B).

    Enacted provision · exact public law section
    (4) H.R. 5666, as introduced on December 15, 2000, except that the text of H.R. 5666, as so enacted, shall not include section 123 (relating to the enactment of H.R. 4904).

27. 2002

    Pub. L. 107–304 § 1(a) · 116 Stat. 2363

    Added · 5 U.S.C. § 8351(b)(2)(C)

    Pub. L. 107–304 added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(C). Pub. L. 107–304 added subpar. (C).

    Enacted provision · exact public law section
    (a) Civil Service Retirement System.— Paragraph (2) of section 8351(b) of title 5, United States Code, is amended by adding at the end the following: “(C) Notwithstanding any limitation under this paragraph, an eligible participant (as defined by section 414(v) of the Internal Revenue Code of 1986) may make such additional contributions to the Thrift Savings Fund as are permitted by such section 414(v) and regulations of the Executive Director consistent therewith.”.

    Effective date note
    Pub. L. 107–304, § 1(c), Nov. 27, 2002, 116 Stat. 2363, provided that: “The amendments made by this section [amending this section and sections 8432 and 8440f of this title] shall take effect as of the earliest practicable date, as determined by the Executive Director (appointed under section 8474(a) of title 5, United States Code) in regulations.”

28. 2003

    Intelligence Authorization Act for Fiscal Year 2004

    Pub. L. 108–177 title IV § 405(b)(1) · 117 Stat. 2599

    1. Amended · 5 U.S.C. § 8351(d)

       Pub. L. 108–177 designated existing provisions as par. (1)

    2. Added · 5 U.S.C. § 8351(d)

       Pub. L. 108–177 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 108–177 designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    (1) Civil service retirement system participants.— Section 8351(d) of title 5, United States Code, is amended— (A) by inserting “(1)” after “(d)”; and (B) by adding at the end the following new paragraph: “(2) (A) Only those employees of the Central Intelligence Agency participating in the pilot project required by section 402(b) of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107–306; 50 U.S.C. 403–4 note) and making contributions to the Thrift Savings Fund out of basic pay may also contribute (by direct transfer to the Fund) any part of bonus pay received by the employee as part of the pilot project. “(B) Contributions under this paragraph are subject to section 8432(d) of this title.” .

29. 2004

    Thrift Savings Plan Open Elections Act of 2004

    Pub. L. 108–469 § 1(d)(1) · 118 Stat. 3891

    Substituted · 5 U.S.C. § 8351(a)(2)

    Pub. L. 108–469 substituted “as” for “only during a period”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 108–469 substituted “as” for “only during a period”.

    Enacted provision · exact public law section
    (1) Civil service retirement system participation.— Section 8351(a)(2) of title 5, United States Code, is amended by striking “only during a period” and inserting “as”.

43 of 43 references resolved to an enrolled provision