I
105TH CONGRESS
2D SESSION
H. R. 3933
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
MAY 21, 1998
Mr. MICA (for himself and Mr. PICKETT) introduced the following bill; which
was referred to the Committee on Government Reform and Oversight,
and in addition to the Committee on National Security, for a period to
be subsequently determined by the Speaker, in each case for consider-
ation 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AMENDMENTS TO TITLE 5, UNITED STATES
CODE.
(a) AUTHORITY
FOR MEMBERS
OF
THE ARMED
FORCES
TO CONTRIBUTE
TO
THE THRIFT SAVINGS
FUND.—(1) Subchapter III of chapter 84 of title 5,
United States Code, is amended by adding at the end the
following:
‘‘§ 8440e. Members of the Armed Forces
‘‘(a)(1) A member of the armed forces may elect to
contribute an amount of such individual’s basic pay to the
Thrift Savings Fund.
‘‘(2) An election may be made under paragraph (1)
only during a period provided under section 8432(b) for
individuals subject to this chapter, except that a member
of the armed forces who is on active duty on the effective
date of this section may make the first such election dur-
ing the first such period commencing after the effective
date of this section.
‘‘(b)(1) Except as otherwise provided in this sub-
section, the provisions of this subchapter and subchapter
VII shall apply with respect to members of the armed
forces making contributions to the Thrift Savings Fund.
‘‘(2) The amount contributed by a member of the
armed forces for any pay period shall not exceed 5 percent
of such member’s basic pay for such pay period.
‘‘(3) No contributions under section 8432(c) shall be
made for the benefit of a member of the armed forces
making contributions to the Thrift Savings Fund under
subsection (a).
‘‘(4) In applying section 8433 to a member of the
armed forces who has an account balance in the Thrift
Savings Fund—
‘‘(A) any reference in such section to separation
from Government employment shall be construed in
the same manner as set forth in section 211(b) of
title 37; and
‘‘(B) the reference in section 8433(g)(1) to con-
tributions made under section 8432(a) shall be con-
sidered a reference to contributions made under sec-
tions 8351, 8432(a), and this section, respectively.
‘‘(c) For purposes of this section, the term ‘basic pay’
has the meaning given such term by section 204 of title
37.’’.
(2) The table of sections at the beginning of chapter
84 of title 5, United States Code, is amended by adding
after the item relating to section 8440d the following:
‘‘8440e. Members of the Armed Forces.’’.
(b) AMENDMENTS RELATING
TO
THE EMPLOYEE
THRIFT ADVISORY COUNCIL.—Section 8473 of title 5,
United States Code, is amended—
(1) in subsections (a) and (b) by striking ‘‘14
members’’ and inserting ‘‘15 members’’; and
(2) in subsection (b) by striking ‘‘and’’ at the
end of paragraph (8), by striking the period at the
end of paragraph (9) and inserting ‘‘; and’’, and by
adding at the end the following:
‘‘(10) 1 shall be appointed to represent partici-
pants who are members of the uniformed services
(within the meaning of section 8440e).’’.
(c) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Paragraph (11) of section 8351(b) of title 5, United
States Code, is amended by redesignating such paragraph
as paragraph (8).
(2) Subparagraph (B) of section 8432b(b)(2) of title
5, United States Code, is amended by striking ‘‘section
8432(a)’’ and inserting ‘‘sections 8432(a) and 8440e, re-
spectively,’’.
SEC. 2. AMENDMENTS TO TITLE 37, UNITED STATES CODE.
(a) IN GENERAL.—(1) Chapter 3 of title 37, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 211. Contributions to Thrift Savings Fund
‘‘(a) AUTHORITY OF MEMBERS TO CONTRIBUTE.—
A member of the armed forces who is performing active
service may elect to contribute, in accordance with section
8440e of title 5, a portion of the basic pay of the member
for that service to the Thrift Savings Fund established
by section 8437 of title 5.
‘‘(b) SEPARATION FROM SERVICE.—The release of a
member from active service (not followed by a resumption
of active service within 30 consecutive calendar days), the
transfer of a member to inactive status, or the transfer
of a member to a retired list pursuant to title 10 shall
be considered a separation from service for purposes of
section 8440e of title 5.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following:
‘‘211. Contributions to Thrift Savings Fund.’’.
(b) REGULATIONS.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall issue regulations to implement section 211
of title 37, United States Code, as added by subsection
(a).
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