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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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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. § 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 beginning
in fiscal year:
The maximum percentage
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 8456 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8456. Military reserve technicians
(a)
(1) Except as provided in paragraph (2) or (3), an individual shall be retired under this subchapter if the individual—
(A) is separated from employment as a military reserve technician by reason of a disability that disqualifies the individual from membership in a reserve component of the Armed Forces specified in section 10101 of title 10 or from holding the military grade required for such employment;
(B) is not considered to be disabled under section 8451(a)(1)(B);
(C) is not appointed to a position in the Government (whether under subsection (b) or otherwise); and
(D) has not declined an offer of an appointment to a position in the Government under subsection (b).
(2) Payment of any annuity for an individual pursuant to this section terminates—
(A) on the date the individual is appointed to a position in the Government (whether pursuant to subsection (b) or otherwise);
(B) on the date the individual declines an offer of appointment to a position in the Government under subsection (b); or
(C) as provided under section 8455(a).
(3) An individual eligible to retire under section 8414(c) shall not be eligible to retire under this section.
(b) Any individual applying for or receiving any annuity pursuant to this section shall, in accordance with regulations prescribed by the Office, be considered by any agency of the Government before any vacant position in the agency is filled if—
(1) the position is located within the commuting area of the individual’s former position;
(2) the individual is qualified to serve in such position, as determined by the head of the agency; and
(3) the position is at the same grade or equivalent level as the position from which the individual was separated.
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 570, § 8457; amended Pub. L. 99–556, title I, § 118, Oct. 27, 1986, 100 Stat. 3134; renumbered § 8456, Pub. L. 100–238, title I, § 124(b)(1)(B), Jan. 8, 1988, 101 Stat. 1756; Pub. L. 103–337, div. A, title XVI, § 1677(a)(4), Oct. 5, 1994, 108 Stat. 3019.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 8456, added Pub. L. 99–355, title I, § 101(a), June 6, 1986, 100 Stat. 569, related to relationship between annuity and workers’ compensation, prior to repeal by Pub. L. 100–238, title I, § 124(b)(1)(A), Jan. 8, 1988, 101 Stat. 1756. See section 8464a of this title.
heading: Amendments
text: 1994—Subsec. (a)(1)(A). Pub. L. 103–337 substituted “section 10101” for “section 261(a)”.
1988—Pub. L. 100–238 renumbered section 8457 of this title as this section.
1986—Subsec. (a)(1)(C), (D), (2)(A), (B). Pub. L. 99–556 substituted “subsection (b)” for “subsection (c)”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.
5 U.S.C. § 8464 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8464. Commencement and termination of annuities of employees and Members
(a)
(1) Except as otherwise provided in this chapter—
(A) an annuity payable from the Fund commences on the first day of the month after—
(i) separation from the service, in the case of an employee or Member retiring under section 8412, or subsection (a), (b)(1)(B), or (d) of section 8414; or
(ii) pay ceases, and the applicable age and service requirements are met, in the case of an employee or Member retiring under section 8413;
(B) an annuity payable from the Fund commences on the day after separation from the service in the case of an employee retiring under subsection (b)(1)(A) or (c) of section 8414; and
(C) an annuity payable from the Fund commences on the day after separation from the service or the day after pay ceases and the requirements for title to an annuity are met in the case of an employee or Member retiring under section 8451.
(2) Notwithstanding paragraph (1)(A)(i), an annuity payable from the Fund commences on the day after separation from the service in the case of an employee or Member—
(A) who retires under section 8412; and
(B) whose separation occurs upon the expiration of a term (or other period) for which the individual was appointed or elected.
(b) Except as otherwise provided in this chapter, the annuity of an annuitant under subchapter II or V of this chapter terminates on the date death or other terminating event occurs.
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 574; amended Pub. L. 105–261, div. A, title XI, § 1109(c)(2), Oct. 17, 1998, 112 Stat. 2145; Pub. L. 106–58, title VI, § 651(b), Sept. 29, 1999, 113 Stat. 480; Pub. L. 106–398, § 1 [[div. A], title XI, § 1152(c)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–323; Pub. L. 107–107, div. A, title X, § 1048(f)(2), Dec. 28, 2001, 115 Stat. 1228.)
heading: Editorial Notes
heading: Amendments
text: 2001—Subsec. (a)(1)(A)(i). Pub. L. 107–107 amended directory language of Pub. L. 106–398. See 2000 Amendment note below.
2000—Subsec. (a)(1)(A)(i). Pub. L. 106–398, as amended by Pub. L. 107–107, substituted “, (b)(1)(B), or (d)” for “or (b)(1)(B)”.
1999—Subsec. (a)(1)(A)(i). Pub. L. 106–58 repealed Pub. L. 105–261, § 1109(c)(2). See 1998 Amendment note below.
1998—Subsec. (a)(1)(A)(i). Pub. L. 105–261, § 1109(c)(2), which directed substitution of “, (b)(1)(B), or (d)” for “or (b)(1)(B)”, was repealed by Pub. L. 106–58.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2001 Amendment
text: Pub. L. 107–107, div. A, title X, § 1048(f), Dec. 28, 2001, 115 Stat. 1228, provided that the amendment made by section 1048(f)(2) is effective as of Oct. 30, 2000, and as if included in the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, as enacted into law by Pub. L. 106–398.
5 U.S.C. § 8464a (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8464a. Relationship between annuity and workers’ compensation
(a)
(1) An individual is not entitled to receive—
(A) an annuity under subchapter II or V, and
(B) compensation for injury to, or disability of, such individual under subchapter I of chapter 81, other than compensation payable under section 8107,
covering the same period of time.
(2) An individual is not entitled to receive an annuity under subchapter IV and a concurrent benefit under subchapter I of chapter 81 on account of the death of the same person.
(3) Paragraphs (1) and (2) do not bar the right of a claimant to the greater benefit conferred by either this chapter or subchapter I of chapter 81.
(b) If an individual is entitled to an annuity under subchapter II, IV, or V, and the individual receives a lump-sum payment for compensation under section 8135 based on the disability or death of the same person, so much of the compensation as has been paid for a period extended beyond the date payment of the annuity commences, as determined by the Department of Labor, shall be refunded to that Department for credit to the Employees’ Compensation Fund. Before the individual may receive the annuity, the individual shall—
(1) refund to the Department of Labor the amount representing the commuted compensation payments for the extended period; or
(2) authorize the deduction of the amount from the annuity.
Deductions from the annuity may be made from accrued or accruing payments. The amounts deducted and withheld from the annuity shall be transmitted to the Department of Labor for reimbursement to the Employees’ Compensation Fund. When the Department of Labor finds that the financial circumstances of an individual entitled to an annuity under subchapter II, IV, or V warrant deferred refunding, deductions from the annuity may be prorated against and paid from accruing payments in such manner as the Department determines appropriate.
(Added Pub. L. 100–238, title I, § 124(a)(1)(B), Jan. 8, 1988, 101 Stat. 1755.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to this section were contained in section 8456 of this title prior to repeal by Pub. L. 100–238.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Jan. 1, 1987, and applicable with respect to benefits payable based on a death or disability occurring on or after that date, see section 124(c) of Pub. L. 100–238 set out as an Effective Date of 1988 Amendment note under section 8337 of this title.
5 U.S.C. § 8466a (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8466a. Embezzlement or conversion of payments
(a) Embezzling and Conversion Generally.—
(1) In general.—
It shall be unlawful for a representative payee to embezzle or in any manner convert all or any part of the amounts received from payments received as a representative payee to a use other than for the use and benefit of the minor or individual on whose behalf such payments were received.
(2) Revocation.—
If the Office determines that a representative payee has embezzled or converted payments as described in paragraph (1), the Office shall promptly—
(A) revoke the certification for payment of benefits to the representative payee; and
(B) certify payment—
(i) to another representative payee; or
(ii) if the interest of the individual under this title would be served thereby, to the individual.
(b) Penalty.—
Any person who violates subsection (a)(1) shall be fined under title 18, imprisoned for not more than 5 years, or both.
(Added Pub. L. 116–126, § 2(b)(2), Mar. 18, 2020, 134 Stat. 175.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on Mar. 18, 2020, and applicable on and after the effective date of regulations promulgated under section 3(b)(1) of Pub. L. 116–126, see sections 4 and 3(b) of Pub. L. 116–126, set out respectively as an Effective Date of 2020 Amendment note and a Regulations note under section 8331 of this title.
heading: Regulations
text: Regulations to carry out this section to be promulgated by Office of Personnel Management no later than 1 year after Mar. 18, 2020, with allowance for additional regulations relating to administration of representative payee program, see section 3(b) of Pub. L. 116–126, set out as a note under section 8331 of this title.
5 U.S.C. § 8471 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8471. Definitions
For the purposes of this subchapter—
(1) the term “beneficiary” means an individual (other than a participant) entitled to payment from the Thrift Savings Fund under subchapter III of this chapter;
(2) the term “Council” means the Employee Thrift Advisory Council established under section 8473 of this title;
(3) the term “participant” means an individual for whom an account has been established under section 8439 of this title;
(4) the term “person” means an individual, partnership, joint venture, corporation, mutual company, joint-stock company, trust, estate, unincorporated organization, association, or labor organization; and
(5) the term “Thrift Savings Fund” means the Thrift Savings Fund established under section 8437 of this title.
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 577.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Subchapter VII effective June 6, 1986, see section 702(b)(1) of Pub. L. 99–335, set out as a note under section 8401 of this title.
5 U.S.C. § 8476 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8476. Administrative provisions
(a) The Board shall meet—
(1) not less than once during each month; and
(2) at additional times at the call of the Chairman.
(b)
(1) Except as provided in sections 8472(g)(1)(C) and 8474(a)(1) of this title, the Board shall perform the functions and exercise the powers of the Board on a majority vote of a quorum of the Board.
(2) A vacancy on the Board shall not impair the authority of a quorum of the Board to perform the functions and exercise the powers of the Board.
(c) Three members of the Board shall constitute a quorum for the transaction of business.
(d)
(1) Each member of the Board who is not an officer or employee of the Federal Government shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such member is engaged in performing a function of the Board.
(2) A member of the Board shall be paid travel, per diem, and other necessary expenses under subchapter I of chapter 57 of this title while traveling away from such member’s home or regular place of business in the performance of the duties of the Board.
(3) Payments authorized under this subsection shall be paid from the Thrift Savings Fund.
(e) The accrued annual leave of any employee who is a member of the Board or the Council shall not be charged for any time used in performing services for the Board or the Council.
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 581; amended Pub. L. 101–509, title V, § 529 [title I, § 101(b)(9)(K)], Nov. 5, 1990, 104 Stat. 1427, 1442.)
heading: Editorial Notes
heading: References in Text
text: Level IV of the Executive Schedule, referred to in subsec. (d)(1), is set out in section 5315 of this title.
heading: Amendments
text: 1990—Subsec. (d)(1). Pub. L. 101–509 substituted “level IV of the Executive Schedule” for “grade GS–18 of the General Schedule”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1990 Amendment
text: Amendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as a note under section 5301 of this title.
5 U.S.C. § 8478a (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8478a. Investigative authority
Any authority available to the Secretary of Labor under section 504 of the Employee Retirement Income Security Act of 1974 is hereby made available to the Secretary of Labor, and any officer designated by the Secretary of Labor, to determine whether any person has violated, or is about to violate, any provision of section 8477 or 8478.
(Added Pub. L. 99–556, title I, § 110(a), Oct. 27, 1986, 100 Stat. 3132.)
heading: Editorial Notes
heading: References in Text
text: Section 504 of the Employee Retirement Income Security Act of 1974, referred to in text, is classified to section 1134 of Title 29, Labor.
5 U.S.C. § 8504 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8504. Assignment of Federal service and wages
Under regulations prescribed by the Secretary of Labor, the Federal service and Federal wages of a Federal employee shall be assigned to the State in which he had his last official station in Federal service before the filing of his first claim for compensation for the benefit year. However—
(1) if, at the time of filing his first claim, he resides in another State in which he performed, after the termination of his Federal service, service covered under the unemployment compensation law of the other State, his Federal service and Federal wages shall be assigned to the other State; and
(2) if his last official station in Federal service, before filing his first claim, was outside the United States, his Federal service and Federal wages shall be assigned to the State where he resides at the time he files his first claim.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 588; Pub. L. 90–83, § 1(88), Sept. 11, 1967, 81 Stat. 218; Pub. L. 94–566, title I, § 116(e)(3), Oct. 20, 1976, 90 Stat. 2673.)
text: Historical and Revision Notes
1966 Act
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
42 U.S.C. 1364.
Sept. 1, 1954, ch. 1212, § 4(a) “Sec. 1504”, 68 Stat. 1133.
Sept. 13, 1960, Pub. L. 86–778, § 542(b)(2), 74 Stat. 986.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
text: 1967 Act
Section of title 5
Source (U.S. Code)
Source (Statutes at Large)
8504(3)
[Uncodified].
Sept. 13, 1960, Pub. L. 86–778, § 542(a)(2), 74 Stat. 985.
This section also amends 5 U.S.C. 8504 to eliminate certain provisions that are now obsolete. The obsolete provisions were based on section 542(b)(2) of the act of September 13, 1960, 74 Stat. 986, that amended section 1504 of the Social Security Act effective January 1, 1961, but only in the case of first claims filed before January 1, 1966. Any existing rights are preserved by section 7 of this bill.
heading: Editorial Notes
heading: Amendments
text: 1976—Par. (3). Pub. L. 94–566 struck out par. (3) which covered the assignment to the Virgin Islands of the Federal service and Federal wages of Federal employees whose first claims were filed while residing in the Virgin Islands.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1976 Amendment
text: Amendment by Pub. L. 94–566 applicable with respect to benefit years beginning on or after later of Oct. 1, 1976, or first day of first week for which compensation becomes payable under an unemployment compensation law of Virgin Islands which is approved by Secretary of Labor under section 3304(a) of Title 26, Internal Revenue Code, see section 116(f)(3), set out as a note under section 3304 of Title 26.