 |
United States Code (Last Updated: May 24, 2014) |
 |
Title 5. GOVERNMENT ORGANIZATION AND EMPLOYEES |
|
Part III. EMPLOYEES |
|
SubPart G. Insurance and Annuities |
|
Chapter 84. FEDERAL EMPLOYEES’ RETIREMENT SYSTEM |
|
SubChapter III. THRIFT SAVINGS PLAN |
§ 8432. Contributions
-
(a) (1) An employee or Member may contribute to the Thrift Savings Fund in any pay period, pursuant to an election under subsection (b), an amount not to exceed the maximum percentage of such employee’s or Member’s basic pay for such pay period allowable under paragraph (2). Contributions under this subsection pursuant to such an election shall, with respect to each pay period for which such election remains in effect, be made in accordance with a program of regular contributions provided in regulations prescribed by the Executive Director. (2) The maximum percentage allowable under this paragraph shall be determined in accordance with the following table: In the case of a pay period The maximum percent- beginning in fiscal year: age allowable is: 2001 11 2002 12 2003 13 2004 14 2005 15 2006 or thereafter 100. (3) Notwithstanding any limitation under this subsection, 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. (b) (1) (A) (i) The Executive Director shall prescribe regulations under which employees and Members may make contributions under subsection (a), to modify the amount to be contributed under such subsection, or to terminate such contributions. (ii) An election to make contributions under this paragraph— (I) may be made at any time; (II) shall take effect on the earliest date after the election that is administratively feasible; and (III) shall remain in effect until modified or terminated. (B) The amount to be contributed pursuant to an election under subparagraph (A) shall be the percentage of basic pay or amount designated by the employee or Member. (2) (A) The Executive Director shall by regulation provide for an eligible individual to be automatically enrolled to make contributions under subsection (a) at the default percentage of basic pay. (B) For purposes of this paragraph, the default percentage shall be equal to 3 percent or such other percentage, not less than 2 percent nor more than 5 percent, as the Board may prescribe. (C) The regulations shall include provisions under which any individual who would otherwise be automatically enrolled in accordance with subparagraph (A) may— (i) modify the percentage or amount to be contributed pursuant to automatic enrollment, effective not later than the first full pay period following receipt of the election by the appropriate processing entity; or (ii) decline automatic enrollment altogether. (D) (i) Except as provided in clause (ii), for purposes of this paragraph, the term “eligible individual” means any individual who, after any regulations under subparagraph (A) first take effect, is appointed, transferred, or reappointed to a position in which that individual becomes eligible to contribute to the Thrift Savings Fund. (ii) Members of the uniformed services shall not be eligible individuals for purposes of this paragraph. (E) Sections 8351(a)(1), 8440a(a)(1), 8440b(a)(1), 8440c(a)(1), 8440d(a)(1), and 8440e(a)(1) and before July 1, 1987 , shall be the amount equal to the sum of—(i) two times such portion of the total amount of the employee’s or Member’s contribution as does not exceed 3 percent of such employee’s or Member’s basic pay for such pay period; and (ii) such portion of the total amount of the employee’s or Member’s contributions as exceeds 3 percent, but does not exceed 5 percent, of such employee’s or Member’s basic pay for such pay period. (3) (A) There shall be contributed to the Thrift Savings Fund on behalf of each employee or Member described in subparagraph (B) the amount determined under subparagraph (C). (B) An employee or Member referred to in subparagraph (A) is an employee or Member who— (i) is an employee or Member on January 1, 1987 ;(ii) has creditable service described in section 8411(b)(2) of this title; and (iii) has not received a refund of the amount of the retirement deductions made with respect to such service under section 204 of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983. (C) The amount referred to in subparagraph (A) in the case of an employee or Member is equal to the sum of— (i) 1 percent of the total basic pay paid to such employee or Member for service described in section 8411(b)(2) of this title; and (ii) interest on such amount computed with respect to such service in the manner provided in paragraphs (2) and (3) of section 8334(e) of this title. (D) The Secretary of the Treasury shall credit to the Thrift Savings Fund, out of any sums in the Treasury not otherwise appropriated, the amounts determined by the Director to be necessary to carry out this paragraph. (d) Notwithstanding any other provision of this section, no contribution may be made under this section for any year to the extent that such contribution, when added to prior contributions for such year, exceeds any limitation under section 415 of the Internal Revenue Code of 1986. However, no contribution made under subsection (c)(3) shall be subject to, or taken into account, for purposes of the preceding sentence. (e) The sums required to be contributed to the Thrift Savings Fund by an employing agency under subsection (c) for the benefit of an employee or Member shall be paid from the appropriation or fund available to such agency for payment of salaries of the employee’s or Member’s office or establishment. When an employee or Member in the legislative branch is paid by the Chief Administrative Officer of the House of Representatives, the Chief Administrative Officer may pay from the applicable accounts of the House of Representatives the contribution that otherwise would be contributed from the appropriation or fund used to pay the employee or Member. (f) Amounts contributed by an employee or Member under subsection (a) and amounts contributed with respect to such employee or Member under subsection (c) shall be deposited in the Thrift Savings Fund to the credit of that employee’s or Member’s account in accordance with such procedures as the Secretary of the Treasury may, in consultation with the Executive Director, prescribe in regulations. (g) (1) Except as otherwise provided in this subsection, all contributions made under this section shall be fully nonforfeitable when made. (2) Contributions made for the benefit of an employee under subsection (c)(1) and all earnings attributable to such contributions shall be forfeited if the employee separates from Government employment before completing— (A) 2 years of civilian service in the case of an employee who, at the time of separation, is serving in— (i) a position in the Senior Executive Service as a noncareer appointee (as defined in section 3132(a)(7) of this title); (ii) a position listed in section 5312, 5313, 5314, 5315, or 5316 of this title or a position placed in level IV or V of the Executive Schedule under section 5317 of this title; or (iii) a position in the Executive branch which is excepted from the competitive service by the Office by reason of the confidential and policy-determining character of the position; or (B) 3 years of civilian service in the case of an employee who is not serving in a position described in subparagraph (A) at the time of separation. (3) Contributions made for the benefit of a Member or Congressional employee under subsection (c)(1) and all earnings attributable to such contributions shall be forfeited if the Member or Congressional employee separates from Government employment before completing 2 years of civilian service. (4) Nothing in paragraph (2) or (3) shall cause the forfeiture of any contributions made for the benefit of an employee, Member, or Congressional employee under subsection (c)(1), or any earnings attributable thereto, if such employee, Member, or Congressional employee is not separated from Government employment as of date of death. (5) Notwithstanding any other provision of law, contributions made by the Government for the benefit of an employee or Member under subsection (c), and all earnings attributable to such contributions, shall be forfeited if the annuity of the employee or Member, or that of a survivor or beneficiary, is forfeited under subchapter II of chapter 83. (h) No transfers or contributions may be made to the Thrift Savings Fund except as provided in this chapter or section 8351 of this title. (i) (1) This subsection applies to any employee— (A) to whom section 8432b applies; and (B) who, during the period of such employee’s absence from civilian service (as referred to in section 8432b(b)(2)(B))— (i) is eligible to make an election described in subsection (b)(1); or (ii) would be so eligible but for having either elected to terminate individual contributions to the Thrift Savings Fund within 2 months before commencing military service or separated in order to perform military service. (2) The Executive Director shall prescribe regulations to ensure that any employee to whom this subsection applies shall, within a reasonable time after being restored or reemployed (in the manner described in section 8432b(a)(2)), be afforded the opportunity to make, for purposes of this section, any election which would be allowable during a period described in subsection (b)(1)(A). (j) (1) For the purpose of this subsection— (A) the term “eligible rollover distribution” has the meaning given such term by section 402(c)(4) of the Internal Revenue Code of 1986; and (B) the term “qualified trust” has the meaning given such term by section 402(c)(8) of the Internal Revenue Code of 1986. (2) An employee or Member may contribute to the Thrift Savings Fund an eligible rollover that a qualified trust could accept under the Internal Revenue Code of 1986. A contribution made under this subsection shall be made in the form described in section 401(a)(31) of the Internal Revenue Code of 1986. In the case of an eligible rollover distribution, the maximum amount transferred to the Thrift Savings Fund shall not exceed the amount which would otherwise have been included in the employee’s or Member’s gross income for Federal income tax purposes. (3) The Executive Director shall prescribe regulations to carry out this subsection. (k) (1) 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) 2 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. (2) Contributions under this subsection are subject to subsection (d). (3) For purposes of subsection (c), basic pay of an employee of the Central Intelligence Agency participating in the pilot project referred to in paragraph (1) shall include bonus pay received by the employee as part of the pilot project.
References In Text
The Internal Revenue Code of 1986, referred to in subsecs. (a)(3), (d), and (j), is classified generally to Title 26, Internal Revenue Code.
Subsection (b)(4), referred to in subsec. (c)(2)(C), was repealed by section 102(a) of Pub. L. 111–31. See 2009 Amendment note below.
Section 204 of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983 [Pub. L. 98–168], referred to in subsec. (c)(3)(B)(iii), is set out as a note under section 8331 of this title.
The Intelligence Authorization Act for Fiscal Year 2003, referred to in subsec. (k)(1), is Pub. L. 107–306,
Amendments
2009—Subsec. (b)(1)(B). Pub. L. 111–31, § 102(b), which directed the amendment of par. (1) by “striking the parenthetical matter in subparagraph (B)” was executed by striking out “(or any election allowable by virtue of paragraph (4))” before “shall be the percentage”, but not striking out “(A)” after “subparagraph”, to reflect the probable intent of Congress.
Subsec. (b)(2) to (4). Pub. L. 111–31, § 102(a), added par. (2) and struck out former pars. (2) to (4) which related to eligibility to make an election regarding contributions.
2004—Subsec. (b)(1)(A). Pub. L. 108–469, § 1(b), designated existing provisions as cl. (i), substituted “may” for “shall be afforded a reasonable period every 6 months to elect to”, struck out second sentence which read “An election to make such contributions shall remain in effect until modified or terminated.”, and added cl. (ii).
Subsec. (b)(2)(A), (C). Pub. L. 108–469, § 1(d)(2)(A), (B), substituted “until the date” for “until the second period”.
Subsec. (b)(2)(D). Pub. L. 108–469, § 1(d)(2)(C), substituted “as provided” for “other than during a period afforded”.
Subsec. (b)(4)(C). Pub. L. 108–469, § 1(c), designated existing provisions as cl. (i) and added cl. (ii).
2003—Subsec. (k). Pub. L. 108–177 added subsec. (k).
2002—Subsec. (a)(3). Pub. L. 107–304 added par. (3).
2000—Subsec. (a). Pub. L. 106–554 designated existing provisions as par. (1), substituted “the maximum percentage of such employee’s or Member’s basic pay for such pay period allowable under paragraph (2).” for “10 percent of such individual’s basic pay for such period.”, and added par. (2).
Pub. L. 106–361, § 2(b)(1), substituted “(b)” for “(b)(1)” and “Contributions under this subsection pursuant to such an election shall, with respect to each pay period for which such election remains in effect, be made in accordance with a program of regular contributions provided in regulations prescribed by the Executive Director” for “Contributions made under this subsection during any 6-month period for which an election period is provided under subsection (b)(1) shall be made each pay period during such 6-month period pursuant to a program of regular contributions provided in regulations prescribed by the Executive Director”.
Subsec. (b)(1)(B). Pub. L. 106–361, § 2(b)(2), inserted “(or any election allowable by virtue of paragraph (4))” after “subparagraph (A)”.
Subsec. (b)(3). Pub. L. 106–361, § 2(b)(3), substituted “An” for “Notwithstanding paragraph (2)(A), an”.
Subsec. (b)(4). Pub. L. 106–361, § 2(a), amended par. (4) generally. Prior to amendment, par. (4) read as follows:
“(A) Notwithstanding paragraph (2)(A), an employee or Member who is an employee or Member on
“(B) Notwithstanding subsection (a), the maximum amount that an employee or Member may contribute during any pay period which begins on or after
Subsec. (j). Pub. L. 106–361, § 1(a), added subsec. (j).
1996—Subsec. (e). Pub. L. 104–186 substituted “Chief Administrative Officer of the House of Representatives, the Chief Administrative Officer may pay from the applicable accounts” for “Clerk of the House of Representatives, the Clerk may pay from the contingent fund”.
Subsec. (f). Pub. L. 104–316 substituted “Secretary of the Treasury” for “Comptroller General of the United States”.
Subsec. (g)(5). Pub. L. 104–93 added par. (5).
1994—Subsec. (d). Pub. L. 103–353, § 5(e)(3), substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
Subsec. (i). Pub. L. 103–353, § 4(c), added subsec. (i).
1988—Subsec. (c)(1)(A). Pub. L. 100–238, § 121(a), substituted “At the time prescribed by the Executive Director, but no later than 12 days after the end of” for “At the end of” and “within such time as the Executive Director may prescribe with respect to succeeding pay periods (but no later than 12 days after the end of each such pay period)” for “at the end of each succeeding pay period”.
Subsec. (c)(2)(A). Pub. L. 100–238, § 121(b), substituted “within such time as the Executive Director may prescribe, but no later than 12 days after the end of each such pay period” for “at the end of such pay period”.
Subsec. (d). Pub. L. 100–238, § 114, inserted at end “However, no contribution made under subsection (c)(3) shall be subject to, or taken into account, for purposes of the preceding sentence.”
Subsec. (g)(1). Pub. L. 100–238, § 115(1), substituted “Except as otherwise provided in this subsection” for “Except as provided in paragraphs (2) and (3)”.
Subsec. (g)(4). Pub. L. 100–238, § 115(2), added par. (4).
1987—Subsec. (b)(4)(A). Pub. L. 100–20 substituted “Notwithstanding paragraph (2)(A), an employee or Member who is an employee or Member on
1986—Subsec. (b)(4). Pub. L. 99–509, § 6001(a)(1), designated existing provisions as subpar. (A), inserted “continues as an employee or Member without a break in service through
Subsec. (c)(1). Pub. L. 99–509, § 6001(a)(2)(A), designated existing provisions as subpar. (A) and added subpars. (B) and (C).
Subsec. (c)(2)(C). Pub. L. 99–509, § 6001(a)(2)(B), added subpar. (C).
Effective Date Of Amendment
Amendment by Pub. L. 107–304 effective as of the earliest practicable date determined by the Executive Director in regulations, see section 1(c) of Pub. L. 107–304, set out as a note under section 8351 of this title.
Pub. L. 106–361, § 1(b),
Pub. L. 106–361, § 2(c)(1),
Pub. L. 104–93, title III, § 304(b),
Amendment by section 4(c) of Pub. L. 103–353 effective
Amendment by section 5(e)(3) of Pub. L. 103–353 effective with respect to reemployments initiated on or after the first day after the 60-day period beginning
Pub. L. 99–509, title VI, § 6001(f),
Miscellaneous
Pub. L. 99–509, title VI, § 6001(d),
Savings
Pub. L. 106–361, § 2(c)(2),
Miscellaneous
Pub. L. 100–238, title I, § 125,
Pub. L. 99–509, title VI, § 6001(a)(3),
Pub. L. 99–509, title VI, § 6001(c),
Pub. L. 99–335, title III, § 312,