§ 8440a. Justices and judges

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. 1988

   Federal Employees Health Benefits Amendments Act of 1988

   Pub. L. 100–654 title IV § 401(a) · 102 Stat. 3837

   Enacted · 5 U.S.C. § 8440a

   Added Pub. L. 100–654, title IV, § 401(a), Nov. 14, 1988, 102 Stat. 3847

   Source evidence

   Code source credit
   Added Pub. L. 100–654, title IV, § 401(a), Nov. 14, 1988, 102 Stat. 3847

   Enacted provision · exact public law section
   (a) In General.— Subchapter III of chapter 84 of title 5, United States Code, is amended by adding at the end thereof the following new section: “§ 8440a. Justices and judges “(a) (1) A justice or judge of the United States as defined by section 451 of title 28 may elect to contribute an amount of such individual’s basic pay to the Thrift Savings Fund. Basic pay does not include an annuity or salary received by a justice or judge who has retired under section 371 (a) or (b) or section 372(a) of title 28, United States Code. “(2) An election may be made under paragraph (1) only during a period provided under section 8432(b) for individuals subject to chapter 84 of this title: Provided, however, That a justice or judge may make the first such election within 60 days of the effective date of this section. “(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 justices and judges making contributions to the Thrift Savings Fund. “(2) The amount contributed by a justice or judge shall not exceed 5 percent of basic pay. “(3) No contributions shall be made for the benefit of a justice or judge under section 8432(c) of this title. “(4) Section 8433(b) of this title applies with respect to elections available to any justice or judge who retires under section 371 (a) or (b) or section 372(a) of title 28. Retirement under section 371 (a) or (b) or section 372(a) of title 28 is a separation from service for the purposes of subchapters HI and VII of chapter 84 of this title. “(5) Section 8433(d) of this title applies to any justice or judge who resigns without having met the age and service requirements set forth in section 371(c) of title 28. “(6) 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. “(7) The provisions of section 8351(b)(7) of this title shall govern the rights of spouses of justices or judges contributing to the Thrift Savings Fund under this section.”.

2. 1990

   Thrift Savings Plan Technical Amendments Act of 1990

   Pub. L. 101–335 § 3(b)(2) · 104 Stat. 319

   1. Redesignated · 5 U.S.C. § 8440a(b)(6)

      Pub. L. 101–335, § 3(b)(2), redesignated par. (7) as (6)

   2. Struck · 5 U.S.C. § 8440a(b)(6)

      Pub. L. 101–335, § 3(b)(2), struck out former par. (6) 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.”

   Source evidence

   Code amendment note
   Subsec. (b)(6). Pub. L. 101–335, § 3(b)(2), redesignated par. (7) as (6) and struck out former par. (6) 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
   (2) Justices and judges.— Subsection (b) of the first section 8440a of title 5, United States Code, is amended by striking paragraph (6) and redesignating paragraph (7) as paragraph (6).

3. 1990

   Thrift Savings Plan Technical Amendments Act of 1990

   Pub. L. 101–335 § 6(b)(2) · 104 Stat. 319

   Redesignated · 5 U.S.C. § 8440a(b)(7); 5 U.S.C. § 8440a(b)(8)

   Pub. L. 101–335, § 6(b)(2), added pars. (7) and (8). Former par. (7) redesignated (6)

   Source evidence

   Code amendment note
   Subsec. (b)(7), (8). Pub. L. 101–335, § 6(b)(2), added pars. (7) and (8). Former par. (7) redesignated (6).

   Enacted provision · exact public law section
   (2) Justices and judges.— Subsection (b) of the first section 8440a of title 5, United States Code, as amended by section 3(b)(2), is further amended by adding at the end the following: “(7) Notwithstanding paragraph (5), if any justice or judge who elects to make contributions to the Thrift Savings Fund under subsection (a) resigns without having met the age and service requirements set forth in section 371(c) of title 28, and such justice’s or judge’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 justice or judge 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). “(8) Notwithstanding paragraph (4), if any justice or judge retires under subsection (a) or (b) of section 371 or section 372(a) of title 28, and such justice’s or judge’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 justice or judge elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under section 8433(b).”

4. 1992

   Technical and Miscellaneous Civil Service Amendments Act of 1992

   Pub. L. 102–378 § 2(70) · 106 Stat. 1346

   Substituted · 5 U.S.C. § 8440a(b)(1)

   Pub. L. 102–378 substituted “this subchapter and subchapter VII” for “subchapters III and VII of chapter 84 of this title”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 102–378 substituted “this subchapter and subchapter VII” for “subchapters III and VII of chapter 84 of this title”.

   Enacted provision · exact public law section
   (70) in section 8440a(b)(1) by striking “subchapters III and VII of chapter 84 of this title” and inserting “this subchapter and subchapter VII”;

5. 1994

   Federal Workforce Restructuring Act of 1994

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

   Substituted · 5 U.S.C. § 8440a(b)(5)

   Pub. L. 103–226, § 9(e)(1), substituted “Section 8433(b)” for “Section 8433(d)”

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 103–226, § 9(e)(1), substituted “Section 8433(b)” for “Section 8433(d)”.

   Enacted provision · exact public law section
   (1) in paragraph (5) by striking “Section 8433(d)” and inserting “Section 8433(b)”; and

6. 1994

   Federal Workforce Restructuring Act of 1994

   Pub. L. 103–226 § 9(i)(17) · 108 Stat. 111

   Substituted · 5 U.S.C. § 8440a(b)(6)

   Pub. L. 103–226, § 9(i)(17), substituted “section 8351(b)(5)” for “section 8351(b)(7)”

   Source evidence

   Code amendment note
   Subsec. (b)(6). Pub. L. 103–226, § 9(i)(17), substituted “section 8351(b)(5)” for “section 8351(b)(7)”.

   Enacted provision · exact public law section
   (17) in section 8440a(b)(6) by striking “section 8351(b)(7)” and inserting “section 8351(b)(5)”.

7. 1994

   Federal Workforce Restructuring Act of 1994

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

   1. Added · 5 U.S.C. § 8440a(b)(7); 5 U.S.C. § 8440a(b)(8)

      Pub. L. 103–226, § 9(e)(2), added par. (7)

   2. Struck · 5 U.S.C. § 8440a(b)(7); 5 U.S.C. § 8440a(b)(8)

      Pub. L. 103–226, § 9(e)(2), struck out former pars. (7) and (8) which read as follows:

   Source evidence

   Code amendment note
   Subsec. (b)(7), (8). Pub. L. 103–226, § 9(e)(2), added par. (7) and struck out former pars. (7) and (8) which read as follows:

   “(7) Notwithstanding paragraph (5), if any justice or judge who elects to make contributions to the Thrift Savings Fund under subsection (a) resigns without having met the age and service requirements set forth in section 371(c) of title 28, and such justice’s or judge’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 justice or judge 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). “(8) Notwithstanding paragraph (4), if any justice or judge retires under subsection (a) or (b) of section 371 or section 372(a) of title 28, and such justice’s or judge’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 justice or judge elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under section 8433(b).”

   Enacted provision · exact public law section
   (2) by striking paragraphs (7) and (8) and inserting the following: “(7) Notwithstanding paragraphs (4) and (5), if any justice or judge retires under subsection (a) or (b) of section 371 or section 372(a) of title 28, or resigns without having met the age and service requirements set forth under section 371(c) of title 28, and such justice’s or judge’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 justice or judge elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under section 8433(b).”.

8. 1996

   Amber Hagerman Child Protection Act of 1996

   Pub. L. 104–208 div. A title I § 101(f)(tVI)(tII)(s205)(a) · 110 Stat. 3009

   1. Substituted · 5 U.S.C. § 8440a(b)(7)

      Pub. L. 104–208 substituted “less than an amount that the Executive Director prescribes by regulation” for “$3,500 or less”

   2. Struck · 5 U.S.C. § 8440a(b)(7)

      Pub. L. 104–208 struck out “unless the justice or judge elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under section 8433(b)” before period at end

   Source evidence

   Code amendment note
   Subsec. (b)(7). Pub. L. 104–208 substituted “less than an amount that the Executive Director prescribes by regulation” for “$3,500 or less” and struck out “unless the justice or judge elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under section 8433(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:

9. 2000

   Pub. L. 106–361 § 2(b)(6) · 114 Stat. 1400

   Substituted · 5 U.S.C. § 8440a(a)(2)

   Pub. L. 106–361 substituted “this chapter” for “chapter 84 of this title: Provided, however, That a justice or judge may make the first such election within 60 days of the effective date of this section”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 106–361 substituted “this chapter” for “chapter 84 of this title: Provided, however, That a justice or judge may make the first such election within 60 days of the effective date of this section”.

   Enacted provision · exact public law section
   (6) Sections 8440a(a)(2) and 8440d(a)(2) of title 5, United States Code, are amended by striking all after “subject to” and inserting “this chapter.”.

   Effective date note
   Amendment by Pub. L. 106–361 effective at the earliest practicable date after Sept. 30, 2000, as determined by the Executive Director in regulations, see section 2(c)(1) of Pub. L. 106–361, set out as a note under section 8432 of this title.

10. 2000

    Consolidated Appropriations Act, 2001

    Pub. L. 106–554 § 1(a)(4)(dB)(tI)(s138)(a)(2) · 114 Stat. 2763

    Amended · 5 U.S.C. § 8440a(b)(2)

    Pub. L. 106–554 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The amount contributed by a justice or judge shall not exceed 5 percent of basic pay.”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 106–554 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The amount contributed by a justice or judge shall not exceed 5 percent of basic pay.”

    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).

11. 2004

    Thrift Savings Plan Open Elections Act of 2004

    Pub. L. 108–469 § 1(d)(4) · 118 Stat. 3891

    Substituted · 5 U.S.C. § 8440a(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
    (4) Justices and judges.— Section 8440a(a)(2) of title 5, United States Code, is amended by striking “only during a period” and inserting “as”.

14 of 14 references resolved to an enrolled provision