This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

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new books are listed in the first FEDERAL

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Rules and Regulations Federal Register

24535

Vol. 60, No. 89

Tuesday, May 9, 1995

FEDERAL RETIREMENT THRIFT

INVESTMENT BOARD

5 CFR Part 1603

Vesting

AGENCY: Federal Retirement Thrift

Investment Board.

ACTION: Interim rule with request for

comment.

SUMMARY: This interim amendment

implements section 4 of the Uniformed

Services Employment and

Reemployment Rights Act (USERRA)

which clarifies that certain military

service will now be counted for vesting

purposes under the Thrift Savings Plan

(TSP).

DATES: This interim amendment is

effective August 2, 1990. Comments

must be received by June 30, 1995.

ADDRESSES: Comments may be sent to:

James B. Petrick, Federal Retirement

Thrift Investment Board, 1250 H Street,

N.W., Washington, D.C. 20005.

FOR FURTHER INFORMATION CONTACT:

James B. Petrick, (202) 942–1664.

SUPPLEMENTARY INFORMATION: Part 1603

establishes the rules for vesting of TSP

basic (1%) contributions. Under those

rules, persons who separate from

Federal service with less than three

years of civilian service (or in come

cases, two years of civilian service)

forfeit their basic contributions and

attributable earnings. If employees have

the requisite service when they separate,

the contributions and attributable

earnings are not forfeited.

Section 4 of the Uniformed Services

Employment and Reemployment Rights

Act (USERRA), Public Law 103–353

(October 14, 1994), added section 8432b

to title 5 of the United States Code.

Section 8432b contains provisions

dealing specifically with participation

in the TSP by Federal employees

returning from covered military service.

Among those provisions is 5 U.S.C.

8432b(h)(1)(B), which requires that

persons who separate from Federal

service to perform military service and

who thereafter exercise restoration or

reemployment rights be credited with

service for the period of their absence

for TSP vesting purposes. Because only

civilian service was previously

creditable for TSP vesting purposes, it is

necessary to amend the definition of

service credible for vesting under part

1603 to include military service credible

under USERRA. It is also necessary to

change all other references to ‘‘civilian

service’’ to refer only to ‘‘service.’’ In

addition, the new definition of ‘‘year of

service’’ eliminates any reference to the

Federal Personnel Manual, which no

longer exists.

Regulatory Flexibility Act

I certify that this amendment will not

have a significant economic impact on

a substantial number of small entities. It

will affect only a small number of

Federal employees who separate from

employment to perform military service

and who are later reemployed.

Paperwork Reduction Act

I certify that these regulations do not

require additional reporting under the

criteria of the Paperwork Reduction Act

of 1980.

Waiver of Notice of Proposed

Rulemaking and 30-Day Delay of

Effective Date

Under 5 U.S.C. 553(b)(B) and (d)(3), I

find that good cause exists for waiving

the general notice of proposed

rulemaking and for making these

regulations effective in less than 30

days. It is necessary for these

regulations to be effective as of August

2, 1990, which is the day on which

employees may receive credit for

military service under Public Law 103–

353 and subpart H of part 1620 for

vesting purposes.

List of Subjects in 5 CFR Part 1603

Employee benefit plans, Government

employees, Retirement, Pension.

Dated: May 2, 1995.

Roger W. Mehle,

Executive Director, Federal Retirement Thrift

Investment Board.

For the reasons set out in the

preamble, 5 CFR part 1603 is amended

as follows:

PART 1603—VESTING

1. The authority citation for part 1603

is revised to read as follows:

Authority: 5 U.S.C. 8432(g), 8432b(h)(1),

8474(b)(5), and 8474(c)(1).

2. Section 1603.1 is amended by

removing the definitions of ‘‘civilian

service’’ and ‘‘year of civilian service’’

and adding the definitions of ‘‘service’’

and ‘‘year of service’’ to read as follows:

§ 1603.1 Definitions.

* * * * *

Service for purposes of TSP vesting

means: (1) Any non-military service

which is creditable under either 5

U.S.C. 8411 or subchapter III of chapter

83 of title 5, U.S.C., determined without

regard to any time limitations, any

deposit or redeposit requirements

contained in those statutory provisions

after performing the service involved, or

any requirement that the individual give

notice in writing to the official by whom

that individual is paid of that

individual’s desire to become subject to

the retirement system established by

either chapter 83 or chapter 84 of title

5, United States Code; or (2) Any

military service creditable under the

provisions of 5 U.S.C. 8432b(h)(1) and

the regulations issued at subpart H of

part 1620 of this chapter.

* * * * *

Year of service means one full

calendar year of service.

3. Section 1603.3 is amended in

paragraph (a) by revising the phrase

‘‘three years of civilian service’’ to read

‘‘three years of service’’; and in

paragraph (b) by revising the phrase

‘‘two years of civilian service’’ to read

‘‘two years of service’’.

[FR Doc. 95–11235 Filed 5–8–95; 8:45 am]

BILLING CODE 6760–01–M

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 354

[Docket No. 95–021–1]

Commuted Traveltime Periods:

Overtime Services Relating to Imports

and Exports

AGENCY: Animal and Plant Health

Inspection Service, USDA.