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5 U.S.C. § 8403 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8403. Relationship to the Social Security Act
Except as otherwise provided in this chapter, the benefits payable under the System are in addition to the benefits payable under the Social Security Act.
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 522.)
heading: References in Text
text: The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
5 U.S.C. § 8410 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8410. Eligibility for annuity
Notwithstanding any other provision of this chapter, an employee or Member must complete at least 5 years of civilian service creditable under section 8411 in order to be eligible for an annuity under this subchapter.
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 522.)
5 U.S.C. § 8413 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8413. Deferred retirement
(a) An employee or Member who is separated from the service, or transferred to a position in which the employee or Member does not continue subject to this chapter, after completing 5 years of service is entitled to an annuity beginning at the age of 62 years.
(b)
(1) An employee or Member who is separated from the service, or transferred to a position in which the employee or Member does not continue subject to this chapter, after completing 10 years of service but before attaining the applicable minimum retirement age under section 8412(h) is entitled to an annuity beginning on the date designated by the employee or Member in a written election under this subsection. The date designated under this subsection may not precede the date on which the employee or Member attains such minimum retirement age and must precede the date on which the employee or Member becomes 62 years of age.
(2) The election of an annuity under this subsection shall not be effective unless—
(A) it is made at such time and in such manner as the Office shall by regulation prescribe; and
(B) the employee or Member will not otherwise be eligible to receive an annuity within 31 days after filing the election.
(3) The election of an annuity under this subsection extinguishes the right of the employee or Member to receive any other annuity based on the service on which the annuity under this subsection is based.
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 525; amended Pub. L. 99–556, title I, § 105(b)(1), Oct. 27, 1986, 100 Stat. 3132.)
heading: Amendments
text: 1986—Subsec. (b)(1). Pub. L. 99–556 inserted “but before attaining the applicable minimum retirement age under section 8412(h)” in first sentence and substituted “such minimum retirement age” for “the applicable minimum retirement age under section 8412(h)” in second sentence.
5 U.S.C. § 8417 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8417. Survivor reduction for a former spouse
(a) If an employee or Member has a former spouse who is entitled to a survivor annuity as provided in section 8445, the reduction described in section 8419(a) shall be made.
(b)
(1) An employee or Member who has a former spouse may elect, under procedures prescribed by the Office, a reduction in the annuity of the employee or Member under section 8419(a) in order to provide a survivor annuity for such former spouse under section 8445.
(2) An election under this subsection shall be made at the time of retirement or, if the marriage is dissolved after the date of retirement, within 2 years after the date on which the marriage of the former spouse to the employee or Member is so dissolved.
(3) An election under this subsection—
(A) shall not be effective to the extent that it—
(i) conflicts with—
(I) any court order or decree referred to in section 8445(a) which was issued before the date of such election; or
(II) any agreement referred to in such section 8445(a) which was entered into before such date; or
(ii) would cause the total of survivor annuities payable under sections 8442 and 8445, respectively, based on the service of the employee or Member to exceed the amount which would be payable to a widow or widower of such employee or Member under such section 8442 (determined without regard to any reduction to provide for an annuity under such section 8445); and
(B) shall not be effective, in the case of an employee or Member who is then married, unless it is made with the spouse’s written consent.
The Office shall by regulation provide that subparagraph (B) may be waived for either of the reasons set forth in section 8416(a)(2).
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 530.)
5 U.S.C. § 8420 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8420. Insurable interest reductions
(a)
(1) At the time of retiring under section 8412, 8413, or 8414, an employee or Member who is found to be in good health by the Office may elect to have such employee’s or Member’s annuity (as computed under section 8415) reduced under paragraph (2) in order to provide an annuity under section 8444 for an individual having an insurable interest in the employee or Member. Such individual shall be designated by the employee or Member in writing.
(2) The annuity of the employee or Member making the election is reduced by 10 percent, and by 5 percent for each full 5 years the individual named is younger than the retiring employee or Member, except that the total reduction may not exceed 40 percent.
(3) An annuity which is reduced under this subsection shall, effective the first day of the month following the death of the individual named under this subsection, be recomputed and paid as if the annuity had not been so reduced.
(b)
(1) In the case of a married employee or Member, an election under this section on behalf of the spouse may be made only if any right of such spouse to a survivor annuity based on the service of such employee or Member is waived in accordance with section 8416(a).
(2) Paragraph (1) does not apply in the case of an employee or Member if such employee or Member has a former spouse who would become entitled to an annuity under section 8445 as a survivor of such employee or Member.
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 532.)
5 U.S.C. § 8431 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8431. Certain transfers to be treated as a separation
(a) For purposes of this subchapter, separation from Government employment includes a transfer from a position that is subject to one of the retirement systems described in subsection (b) to a position that is not subject to any of them.
(b) The retirement systems described in this subsection are—
(1) the retirement system under this chapter;
(2) the retirement system under subchapter III of chapter 83; and
(3) any other retirement system under which individuals may contribute to the Thrift Savings Fund through withholdings from pay.
(Added Pub. L. 106–168, title II, § 203(a)(1), Dec. 12, 1999, 113 Stat. 1820.)
heading: Prior Provisions
text: A prior section 8431, added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 541; amended Pub. L. 101–509, title V, § 529 [title I, § 101(b)(6)(B)], Nov. 5, 1990, 104 Stat. 1427, 1440, provided a definition of “basic pay” for this subchapter, prior to repeal by Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 659 [title II, §§ 206(a)(2), 207]], Sept. 30, 1996, 110 Stat. 3009–314, 3009–372, 3009–378, effective Sept. 30, 1996.
heading: Effective Date
text: Pub. L. 106–168, title II, § 203(c), Dec. 12, 1999, 113 Stat. 1820, provided that: “The amendments made by this section [enacting this section and amending section 8351 of this title] shall apply with respect to transfers occurring before, on, or after the date of the enactment of this Act [Dec. 12, 1999], except that, for purposes of applying such amendments with respect to any transfer occurring before such date of enactment, the date of such transfer shall be considered to be the date of the enactment of this Act. The Executive Director (within the meaning of section 8401(13) of title 5, United States Code) may prescribe any regulations necessary to carry out this subsection.”
5 U.S.C. § 8432a (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8432a. Payment of lost earnings
(a)
(1) The Executive Director shall prescribe regulations under which an employing agency shall be required to pay to the Thrift Savings Fund amounts representing lost earnings resulting from errors (including errors of omission) made by such agency in carrying out this subchapter, subject to paragraph (2).
(2) If the error involves an employing agency’s failure to deduct from basic pay contributions (in whole or in part) on behalf of an individual in accordance with section 8432(a), the regulations shall not provide for the payment of any lost earnings which would be attributable to—
(A) the contributions that the agency failed to deduct from basic pay in accordance with section 8432(a); or
(B) any related contributions under section 8432(c)(2) that the employing agency is not required (by statute or otherwise) to make up.
(b) The regulations—
(1) shall include—
(A) procedures for computing lost earnings; and
(B) procedures under which amounts paid to the Thrift Savings Fund under this section shall be credited to appropriate accounts;
(2) may provide for exceptions from the requirements of this section to the extent that correction of an error is not administratively feasible;
(3) may require an employing agency to reimburse the Thrift Savings Fund for costs incurred by the Thrift Savings Fund in implementing corrections of employing agency errors under this section; and
(4) may include such other provisions as the Executive Director determines appropriate to carry out this section.
(c) Any amounts required to be paid by an employing agency under this section shall be paid from the appropriation or fund available to the employing agency for payment of salaries of the participant’s office or establishment. If a participant in the legislative branch is paid by the Chief Administrative Officer of the House of Representatives, the Chief Administrative Officer may pay from the applicable accounts of the House of Representatives the amount required to be paid to correct errors relating to the Thrift Savings Fund that otherwise would be paid from the appropriation or fund used to pay the participant.
(Added Pub. L. 101–335, § 2(a)(1), July 17, 1990, 104 Stat. 319; amended Pub. L. 104–186, title II, § 215(17), Aug. 20, 1996, 110 Stat. 1746.)
heading: Amendments
text: 1996—Subsec. (c). Pub. L. 104–186 substituted “Chief Administrative Officer of the House of Representatives, the Chief Administrative Officer may pay from the applicable accounts” for “Clerk of the House of Representatives, the Clerk may pay from the contingent fund”.
heading: Effective Date
text: Pub. L. 101–335, § 2(b), July 17, 1990, 104 Stat. 320, provided that: “The amendments made by this section [enacting this section] shall apply with respect to lost earnings attributable to errors made before, on, or after the date of enactment of this Act [July 17, 1990].”
5 U.S.C. § 8432d (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8432d. Qualified Roth contribution program
(a) Definitions.—
For purposes of this section—
(1) the term “qualified Roth contribution program” means a program described in paragraph (1) of section 402A(b) of the Internal Revenue Code of 1986 which meets the requirements of paragraph (2) of such section; and
(2) the terms “designated Roth contribution” and “elective deferral” have the meanings given such terms in section 402A of the Internal Revenue Code of 1986.
(b) Authority To Establish.—
The Executive Director shall by regulation provide for the inclusion in the Thrift Savings Plan of a qualified Roth contribution program, under such terms and conditions as the Board may prescribe.
(c) Required Provisions.—
The regulations under subsection (b) shall include—
(1) provisions under which an election to make designated Roth contributions may be made—
(A) by any individual who is eligible to make contributions under section 8351, 8432(a), 8440a, 8440b, 8440c, 8440d, or 8440e; and
(B) by any individual, not described in subparagraph (A), who is otherwise eligible to make elective deferrals under the Thrift Savings Plan;
(2) any provisions which may, as a result of enactment of this section, be necessary in order to clarify the meaning of any reference to an “account” made in section 8432(f), 8433, 8434(d), 8435, 8437, or any other provision of law; and
(3) any other provisions which may be necessary to carry out this section.
(Added Pub. L. 111–31, div. B, title I, § 103(a), June 22, 2009, 123 Stat. 1853.)
heading: References in Text
text: Section 402A of the Internal Revenue Code of 1986, referred to in subsec. (a), is classified to section 402A of Title 26, Internal Revenue Code.
5 U.S.C. § 8436 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8436. Administrative provisions
(a) The Executive Director shall make or provide for payments and transfers in accordance with an election of an employee or Member under section 8433 or 8434(b) of this title or, if applicable, in accordance with section 8435 of this title.
(b) Any election, change of election, or modification of a deferred annuity commencement date made under this subchapter shall be in writing and shall be filed with the Executive Director in accordance with regulations prescribed by the Executive Director.
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 550.)
5 U.S.C. § 8440f (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8440f. Maximum percentage allowable for certain participants
(a) The maximum percentage allowable under this section shall be determined in accordance with the following table:
In the case of a pay period The maximum percent-
beginning in fiscal year: age allowable is:
2001 6
2002 7
2003 8
2004 9
2005 10
2006 or thereafter 100.
(b) Notwithstanding any limitation under this section, an eligible participant (as defined by section 414(v) of the Internal Revenue Code of 1986) may make such additional contributions to the Thrift Savings Fund as are permitted by such section 414(v) and regulations of the Executive Director consistent therewith.
(Added Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 138(a)(7)(A)], Dec. 21, 2000, 114 Stat. 2763, 2763A–234; amended Pub. L. 107–304, § 1(b)(2), Nov. 27, 2002, 116 Stat. 2363.)
heading: References in Text
text: Section 414(v) of the Internal Revenue Code of 1986, referred to in subsec. (b), is classified to section 414(v) of Title 26, Internal Revenue Code.
heading: Amendments
text: 2002—Pub. L. 107–304 designated existing provisions as subsec. (a) and added subsec. (b).
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–304 effective as of the earliest practicable date determined by the Executive Director in regulations, see section 1(c) of Pub. L. 107–304, set out as a note under section 8351 of this title.
5 U.S.C. § 8441 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8441. Definitions
For the purpose of this subchapter—
(1) the term “widow” means the surviving wife of an employee, Member, or annuitant, or of a former employee or Member, who—
(A) was married to him for at least 9 months immediately before his death; or
(B) is the mother of issue by that marriage;
(2) the term “widower” means the surviving husband of an employee, Member, or annuitant, or of a former employee or Member, who—
(A) was married to her for at least 9 months immediately before her death; or
(B) is the father of issue by that marriage;
(3) the term “dependent”, in the case of any child, means that the employee, Member, or annuitant involved was, at the time of death of the employee, Member, or annuitant either living with or contributing to the support of such child, as determined in accordance with such regulations as the Office shall prescribe; and
(4) the term “child” means—
(A) an unmarried dependent child under 18 years of age, including (i) an adopted child, (ii) a stepchild but only if the stepchild lived with the employee, Member, or annuitant in a regular parent-child relationship, (iii) a recognized natural child, and (iv) a child who lived with and for whom a petition of adoption was filed by an employee, Member, or annuitant and who is adopted by the widow or widower of the employee, Member, or annuitant after the death of such employee, Member, or annuitant;
(B) such unmarried dependent child regardless of age who is incapable of self-support because of mental or physical disability incurred before age 18; or
(C) such unmarried dependent child between 18 and 22 years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution.
For the purpose of this paragraph and section 8443, a child whose 22nd birthday occurs before July 1 or after August 31 of a calendar year, and while regularly pursuing such a course of study or training, is deemed to have become 22 years of age on the first day of July after that birthday. A child who is a student is deemed not to have ceased to be a student during an interim between school years if the interim is not more than 5 months and if such child shows to the satisfaction of the Office that such child has a bona fide intention of continuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately after the interim.
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 558.)
5 U.S.C. § 8444 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8444. Rights of a named individual with an insurable interest
The annuity of a survivor named under section 8420(a) is 55 percent of the reduced annuity of the retired employee or Member determined under paragraph (2) of such section 8420(a). The annuity of the survivor commences on the day after the retired employee or Member dies. This annuity and the right thereto terminate on the last day of the month before the survivor dies.
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 563.)
5 U.S.C. § 8451 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8451. Disability retirement
(a)
(1)
(A) An employee who completes at least 18 months of civilian service creditable under section 8411 and has become disabled shall be retired on the employee’s own application or on application by the employee’s agency.
(B) For purposes of this subsection, an employee shall be considered disabled only if the employee is found by the Office to be unable, because of disease or injury, to render useful and efficient service in the employee’s position.
(2)
(A) Notwithstanding paragraph (1), an employee shall not be eligible for disability retirement under this section if the employee has declined a reasonable offer of reassignment to a vacant position in the employee’s agency for which the employee is qualified if the position—
(i) is at the same grade (or pay level) as the employee’s most recent grade (or pay level) or higher;
(ii) is within the employee’s commuting area; and
(iii) is one in which the employee would be able to render useful and efficient service.
(B) An employee who is applying for disability retirement under this subchapter shall be considered for reassignment by the employee’s agency to a vacant position described in subparagraph (A) in accordance with such procedures as the Office shall by regulation prescribe.
(C) An employee is entitled to appeal to the Merit Systems Protection Board under section 7701 any determination that the employee is not unable, because of disease or injury, to render useful and efficient service in a position to which the employee has declined reassignment under this section.
(D) For purposes of subparagraph (A), an employee of the United States Postal Service shall not be considered qualified for a position if such position is in a different craft or if reassignment to such position would be inconsistent with the terms of a collective-bargaining agreement covering the employee.
(b) A Member who completes at least 18 months of service as a Member and is found by the Office to be disabled for useful and efficient service as a Member because of disease or injury shall be retired on the Member’s own application.
(c) An employee or Member retiring under this section is entitled to an annuity computed under section 8452.
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 565.)
5 U.S.C. § 8453 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8453. Application
A claim may be allowed under this subchapter only if application is filed with the Office before the employee or Member is separated from the service or within 1 year thereafter. This time limitation may be waived by the Office for an employee or Member who, at the date of separation from service or within 1 year thereafter, is mentally incompetent if the application is filed with the Office within 1 year from the date of restoration of the employee or Member to competency or the appointment of a fiduciary, whichever is earlier.
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 568.)
5 U.S.C. § 8454 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8454. Medical examination
An annuitant receiving a disability retirement annuity from the Fund shall be examined under the direction of the Office—
(1) at the end of 1 year from the date of the disability retirement; and
(2) annually thereafter until becoming 60 years of age;
unless the disability is permanent in character. If the annuitant fails to submit to examination as required by this section, payment of the annuity shall be suspended until continuance of the disability is satisfactorily established.
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 568.)