I

106TH CONGRESS

1ST SESSION H. R. 556

To amend titles 5 and 37 of the United States Code to allow members

of the armed forces to participate in the Thrift Savings Plan.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 3, 1999

Mr. MICA (for himself and Mr. PICKETT) introduced the following bill; which

was referred to the Committee on Government Reform, and in addition

to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions

as fall within the jurisdiction of the committee concerned

A BILL

To amend titles 5 and 37 of the United States Code to

allow members of the armed forces to participate in

the Thrift Savings Plan.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. AMENDMENTS TO TITLE 5, UNITED STATES

4 CODE.

5 (a) AUTHORITY FOR MEMBERS OF THE ARMED

6 FORCES TO CONTRIBUTE TO THE THRIFT SAVINGS

7 FUND.—(1) Subchapter III of chapter 84 of title 5,
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1 United States Code, is amended by adding at the end the

2 following:

3 ‘‘§ 8440e. Members of the Armed Forces

4 ‘‘(a)(1) A member of the armed forces may elect to

5 contribute an amount of such individual’s basic pay to the

6 Thrift Savings Fund.

7 ‘‘(2) An election may be made under paragraph (1)

8 only during a period, provided under section 8432(b) for

9 individuals subject to this chapter, which either—

10 ‘‘(i) commences on or after the 180th day fol11 lowing the date of enactment of this section; or

12 ‘‘(ii) commences before, but has not yet ended

13 as of, the 180th day following the date of enactment

14 of this section.

15 In the circumstance described in clause (ii), the period for

16 making an election under paragraph (1) shall be at least

17 30 days in duration.

18 ‘‘(b)(1) Except as otherwise provided in this sub19 section, the provisions of this subchapter and subchapter

20 VII shall apply with respect to members of the armed

21 forces making contributions to the Thrift Savings Fund.

22 ‘‘(2) The amount contributed by a member of the

23 armed forces for any pay period shall not exceed 5 percent

24 of such member’s basic pay for such pay period.
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1 ‘‘(3) No contributions under section 8432(c) shall be

2 made for the benefit of a member of the armed forces

3 making contributions to the Thrift Savings Fund under

4 subsection (a).

5 ‘‘(4) In applying section 8433 to a member of the

6 armed forces who has an account balance in the Thrift

7 Savings Fund—

8 ‘‘(A) any reference in such section to separation

9 from Government employment shall be construed in

10 the same manner as set forth in section 211(b) of

11 title 37; and

12 ‘‘(B) the reference in section 8433(g)(1) to con13 tributions made under section 8432(a) shall be con14 sidered a reference to contributions made under sec15 tions 8351, 8432(a), and this section, respectively.

16 ‘‘(c) For purposes of this section, the term ‘basic pay’

17 has the meaning given such term by section 204 of title

18 37.’’.

19 (2) The table of sections at the beginning of chapter

20 84 of title 5, United States Code, is amended by adding

21 after the item relating to section 8440d the following:

‘‘8440e. Members of the Armed Forces.’’.

22 (b) AMENDMENTS RELATING TO THE EMPLOYEE

23 THRIFT ADVISORY COUNCIL.—Section 8473 of title 5,

24 United States Code, is amended—
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1 (1) in subsections (a) and (b) by striking ‘‘14

2 members’’ and inserting ‘‘15 members’’; and

3 (2) in subsection (b) by striking ‘‘and’’ at the

4 end of paragraph (8), by striking the period at the

5 end of paragraph (9) and inserting ‘‘; and’’, and by

6 adding at the end the following:

7 ‘‘(10) 1 shall be appointed to represent partici8 pants who are members of the uniformed services

9 (within the meaning of section 8440e).’’.

10 (c) TECHNICAL AND CONFORMING AMENDMENTS.—

11 (1) Paragraph (11) of section 8351(b) of title 5, United

12 States Code, is amended by redesignating such paragraph

13 as paragraph (8).

14 (2) Subparagraph (B) of section 8432b(b)(2) of title

15 5, United States Code, is amended by striking ‘‘section

16 8432(a)’’ and inserting ‘‘sections 8432(a) and 8440e, re17 spectively,’’.

18 SEC. 2. AMENDMENTS TO TITLE 37, UNITED STATES CODE.

19 (a) IN GENERAL.—(1) Chapter 3 of title 37, United

20 States Code, is amended by adding at the end the follow21 ing:

22 ‘‘§ 211. Contributions to Thrift Savings Fund

23 ‘‘(a) AUTHORITY OF MEMBERS TO CONTRIBUTE.—

24 A member of the armed forces who is performing active

25 service may elect to contribute, in accordance with section
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1 8440e of title 5, a portion of the basic pay of the member

2 for that service to the Thrift Savings Fund established

3 by section 8437 of title 5.

4 ‘‘(b) SEPARATION FROM SERVICE.—The release of a

5 member from active service (not followed by a resumption

6 of active service within 30 consecutive calendar days), the

7 transfer of a member to inactive status, or the transfer

8 of a member to a retired list pursuant to title 10 shall

9 be considered a separation from service for purposes of

10 section 8440e of title 5.’’.

11 (2) The table of sections at the beginning of such

12 chapter is amended by adding at the end the following:

‘‘211. Contributions to Thrift Savings Fund.’’.

13 (b) REGULATIONS.—Not later than 180 days after

14 the date of the enactment of this Act, the Secretary of

15 Defense shall issue regulations to implement section 211

16 of title 37, United States Code, as added by subsection

17 (a).

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