I 

111TH CONGRESS 

2D SESSION H. R. 4865 

To amend title 5, United States Code, to provide that an employee of 

the Federal Government or member of the uniformed services may contribute to the Thrift Savings Fund any payment that the employee 

or member receives for accumulated and accrued annual or vacation 

leave, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2010 

Mr. LYNCH (for himself and Mr. CHAFFETZ) introduced the following bill; 

which was referred to the Committee on Oversight and Government Reform 

A BILL 

To amend title 5, United States Code, to provide that an 

employee of the Federal Government or member of the 

uniformed services may contribute to the Thrift Savings 

Fund any payment that the employee or member receives 

for accumulated and accrued annual or vacation leave, 

and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Employees and 

5 Uniformed Services Retirement Equity Act of 2010’’. 


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1 SEC. 2. CONTRIBUTIONS TO THRIFT SAVINGS FUND OF 

2 PAYMENTS FOR ACCRUED OR ACCUMULATED 

3 LEAVE. 

4 (a) AMENDMENTS RELATING TO CSRS.—Section 

5 8351(b) of title 5, United States Code, is amended— 

6 (1) by striking paragraph (2)(A) and inserting 

7 the following: 

8 ‘‘(2)(A) An employee or Member may contribute to 

9 the Thrift Savings Fund in any pay period any amount 

10 of such employee’s or Member’s basic pay for such pay 

11 period, and may contribute (by direct transfer to the 

12 Fund) any part of any payment that the employee or 

13 Member receives for accumulated and accrued annual or 

14 vacation leave under sections 5551 or 5552. Notwith15 standing section 2105(e), in this paragraph the term ‘em16 ployee’ includes an employee of the United States Postal 

17 Service or of the Postal Regulatory Commission.’’; 

18 (2) by striking subparagraph (B) of paragraph 

19 (2); and 

20 (3) by redesignating subparagraph (C) of para21 graph (2) as subparagraph (B). 

22 (b) AMENDMENTS RELATING TO FERS.— 

23 (1) IN GENERAL.—Section 8432(a) of title 5, 

24 United States Code, is amended— 

25 (A) by striking paragraphs (1) and (2) and 

26 inserting the following: 


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1 ‘‘(1) An employee or Member— 

2 ‘‘(A) may contribute to the Thrift Savings 

3 Fund in any pay period, pursuant to an election 

4 under subsection (b), any amount of such employee’s 

5 or Member’s basic pay for such pay period; and 

6 ‘‘(B) may contribute (by direct transfer to the 

7 Fund) any part of any payment that the employee 

8 or Member receives for accumulated and accrued an9 nual or vacation leave under sections 5551 or 5552. 

10 ‘‘(2) Contributions made under paragraph (1)(A) 

11 pursuant to an election under subsection (b) shall, with 

12 respect to each pay period for which such election remains 

13 in effect, be made in accordance with a program of regular 

14 contributions provided in regulations prescribed by the 

15 Executive Director.’’; and 

16 (B) by adding at the end the following new 

17 paragraph: 

18 ‘‘(4) Notwithstanding section 2105(e), in this sub19 section the term ‘employee’ includes an employee of the 

20 United States Postal Service or of the Postal Regulatory 

21 Commission.’’. 

22 (2) MEMBERS OF THE UNIFORMED SERV23 ICES.—Section 8440e(d) of title 5, United States 

24 Code, is amended— 


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1 (A) by redesignating paragraph (3) as 

2 paragraph (4); and 

3 (B) by inserting after paragraph (2) the 

4 following: 

5 ‘‘(3) A member making contributions to the Thrift 

6 Savings Fund out of basic pay, or out of compensation 

7 under section 206 of title 37, may also contribute (by di8 rect transfer to the Fund) all or part of any payment that 

9 such member receives for unused accrued leave under sec10 tion 501 of such title.’’. 

11 (c) REGULATIONS.— 

12 (1) IN GENERAL.—The Executive Director of 

13 the Federal Retirement Thrift Investment Board 

14 shall promulgate regulations to carry out the amend15 ments made by this section. 

16 (2) AUTHORITY TO PERMIT CONTRIBUTIONS BY

17 INDIVIDUALS SUBJECT TO OTHER RETIREMENT SYS18 TEMS.—Under the authority to promulgate regula19 tions under paragraph (1), the Executive Director 

20 may permit an employee of the Federal Government 

21 or a member of the uniformed services who is not 

22 given the authority under any of the amendments 

23 made by this Act to contribute a payment for accu24 mulated and accrued annual or vacation leave to the 


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1 Thrift Savings Fund to contribute all or part of any 

2 such payment to the Fund if— 

3 (A) the employee or member is authorized 

4 under law to receive such a payment; 

5 (B) the employee or member is covered by 

6 an equivalent Federal employee retirement sys7 tem; and 

8 (C) the employee or member is authorized 

9 under law to contribute to the Fund. 

Æ 


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