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

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

24785 

Vol. 75, No. 87 

Thursday, May 6, 2010 

FEDERAL RETIREMENT THRIFT 

INVESTMENT BOARD 

5 CFR Parts 1600 and 1650 

Employee Contribution Elections and 

Contribution Allocations; Methods of 

Withdrawing Funds From the Thrift 

Savings Plan 

AGENCY: Federal Retirement Thrift 

Investment Board. 

ACTION: Correcting amendments. 

SUMMARY: This document contains 

corrections to final regulations, which 

were published in the Federal Register 

of June 14, 2003 (68 FR 35492) and 

April 25, 2005 (70 FR 21290). As 

published, the final regulations contain 

errors or omissions that may be 

misleading and need to be clarified. 

DATES: Effective on May 6, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Laurissa Stokes at 202–942–1645. 

SUPPLEMENTARY INFORMATION: The 

Agency administers the Thrift Savings 

Plan (TSP), which was established by 

the Federal Employees’ Retirement 

System Act of 1986 (FERSA), Public 

Law 99–335, 100 Stat. 514. The TSP 

provisions of FERSA are codified, as 

amended, largely at 5 U.S.C. 8351 and 

8401–79. The TSP is a tax-deferred 

retirement savings plan for Federal 

civilian employees and members of the 

uniformed services. The TSP is similar 

to cash or deferred arrangements 

established for private-sector employees 

under section 401(k) of the Internal 

Revenue Code (26 U.S.C. 401(k)). 

The final regulations that are the 

subject of these corrections were 

published in the Federal Register on 

June 14, 2003 (68 FR 35492) and April 

25, 2005 (70 FR 21290). As published, 

the final regulations contain errors or 

omissions that may be misleading and 

need to be clarified. 

Section 1600.11 of 5 CFR contains a 

cross-reference to section 1600.14 of 5 

CFR. Instead it should cross-reference 

section 1600.12. This final rule corrects 

the erroneous cross-reference in 

§ 1600.11. 

Section 1650.31(b) of 5 CFR contains 

a typographical error. This final rule 

amends the word ‘‘tradition’’ to read 

‘‘traditional.’’ 

Regulatory Flexibility Act 

I certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities. 

This regulation will affect Federal 

employees and members of the 

uniformed services who participate in 

the Thrift Savings Plan, which is a 

Federal defined contribution retirement 

savings plan created under the Federal 

Employees’ Retirement System Act of 

1986 (FERSA), Public Law 99–335, 100 

Stat. 514, and which is administered by 

the Agency. 

Paperwork Reduction Act 

I certify that these regulations do not 

require additional reporting under the 

criteria of the Paperwork Reduction Act. 

Unfunded Mandates Reform Act of 

1995 

Pursuant to the Unfunded Mandates 

Reform Act of 1995, 2 U.S.C. 602, 632, 

653, 1501–1571, the effects of this 

regulation on state, local, and tribal 

governments and the private sector have 

been assessed. This regulation will not 

compel the expenditure in any one year 

of $100 million or more by state, local, 

and tribal governments, in the aggregate, 

or by the private sector. Therefore, a 

statement under section 1532 is not 

required. 

Submission to Congress and the 

Government Accountability Office 

Pursuant to 5 U.S.C. 810(a)(1)(A), the 

Agency submitted a report containing 

this rule and other required information 

to the U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States before 

publication of this rule in the Federal 

Register. This rule is not a major rule as 

defined at 5 U.S.C. 804(2). 

List of Subjects 

5 CFR Part 1600 

Government employees, Pensions, 

Retirement. 

5 CFR Part 1650 

Alimony, Claims, Government 

employees, Pensions, Retirement. 

Gregory T. Long, 

Executive Director, Federal Retirement Thrift 

Investment Board. 

■ Accordingly, 5 CFR parts 1600 and 

1650 are corrected by making the 

following correcting amendments: 

PART 1600—EMPLOYEE 

CONTRIBUTION ELECTIONS AND 

CONTRIBUTION ALLOCATIONS 

■ 1. The authority citation for part 1600 

continues to read as follows: 

Authority: 5 U.S.C. 8351, 8432(a), 8432(b), 

8432(c), 8432(j), 8474(b)(5) and (c)(1), Thrift 

Savings Plan Enhancement Act of 2009, 

section 102. 

■ 2. Revise paragraph (a) of § 1600.11 to 

read as follows: 

§ 1600.11 Types of elections. 

(a) Contribution elections. A 

contribution election must be made 

pursuant to § 1600.12 and includes the 

following types of elections: 

(1) To make employee contributions; 

(2) To change the amount of employee 

contributions; or 

(3) To terminate employee 

contributions. 

* * * * * 

PART 1650—METHODS OF 

WITHDRAWING FUNDS FROM THE 

THRIFT SAVINGS PLAN 

■ 3. The authority citation for part 1650 

continues to read as follows: 

Authority: 5 U.S.C. 8351, 8433, 8434, 8435, 

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

■ 4. Revise paragraph (b) of § 1650.31 to 

read as follows: 

§ 1650.31 Age-based withdrawals. 

* * * * * 

(b) An age-based withdrawal is an 

eligible rollover distribution, so a 

participant may request that the TSP 

transfer all or a portion of the 

withdrawal to a traditional IRA or an 

eligible employer plan. 

* * * * * 

[FR Doc. 2010–10700 Filed 5–5–10; 8:45 am] 

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