To amend title 5, United States Code, to allow certain catch-up contributions to the Thrift Savings Plan to be made by participants age 50 or over.
PL 107-304 (H.R.3340), enacted 11/27/2002

PUBLIC LAW 107-304—NOV. 27, 2002 
116 STAT. 2363 
Public Law 107-304 
107th Congress 
An Act 
To amend title 5, United States Code, to allow certain catch-up contributions to 
the Thrift Savings Plan to be made by participants age 50 or over; to reauthorize 
Nov. 27, 2002 
the Merit Systems Protection Board and the Office of Special Counsel; and for 
[H R 3340] 
other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. THRIFT SAVINGS PLAN CATCH-UP CONTRIBUTIONS. 
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Paragraph (2) of sec-
tion 8351(b) of title 5, United States Code, is amended by adding 
at the end the following: 
"(C) Notwithstanding any limitation under this paragraph, 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.". 
(b) FEDERAL EMPLOYEES' RETIREMENT SYSTEM.— 
(1) PROVISION APPLICABLE TO EMPLOYEES GENERALLY.— 
Subsection (a) of section 8432 of title 5, United States Code, 
is amended by adding at the end the following: 
"(3) Notwithstanding any limitation under this subsection, 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.". 
(2) 
PROVISION APPLICABLE TO CERTAIN OTHER INDIVID-
UALS.—Section 8440f of title 5, United States Code, is 
amended— 
(A) by striking "The maximum" and inserting "(a) The 
maximum"; and 
(B) by adding at the end the following: 
"(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.". 
(c) EFFECTIVE DATE.—^The amendments made by this section 5 use 8351 note, 
shall take effect as of the earliest practicable date, as determined 
by the Executive Director (appointed under section 8474(a) of title 
5, United States Code) in regulations. 
116 STAT. 2364 
PUBLIC LAW 107-304—NOV. 27, 2002 
SEC. 2. REAUTHORIZATION OF MERIT SYSTEM PROTECTION BOARD 
AND OFFICE OF SPECIAL COUNSEL. 
(a) MERIT SYSTEMS PROTECTION BOARD.—Section 8(a)(1) of the 
Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note) is 
amended by striking "1998, 1999, 2000, 2001 and 2002" and 
inserting "2003, 2004, 2005, 2006, and 2007". 
(b) OFFICE OF SPECIAL COUNSEL.—Section 8(a)(2) of the 
Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note) is 
amended by striking "1993, 1994, 1995, 1996, and 1997," and 
inserting "2003, 2004, 2005, 2006, and 2007". 
5 use 5509 note. 
(c) EFFECTIVE DATE.—This section shall be effective as of 
October 1, 2002. 
SEC. 3. DISCLOSURE OF VIOLATIONS OF LAW; RETURN OF DOCU-
MENTS. 
Section 1213(g) of title 5, United States Code, is amended— 
(1) in paragraph (1), by striking the last sentence; and 
(2) by striking paragraph (3) and inserting the following: 
"(3) If the Special Counsel does not transmit the information 
to the head of the agency under paragraph (2), the Special Counsel 
shall inform the individual of— 
"(A) the reasons why the disclosure may not be further 
acted on under this chapter; and 
"(B) other offices available for receiving disclosures, should 
the individual wish to pursue the matter further.". 
5 u s e 8901 note. 
SEC. 4. CONTINUATION OF HEALTH BENEFITS COVERAGE FOR 
INDIVIDUALS ENROLLED IN A PLAN ADMINISTERED BY 
THE OVERSEAS PRIVATE INVESTMENT CORPORATION. 
(a) ENROLLMENT IN CHAPTER 89 PLAN.—For purposes of the 
administration of chapter 89 of title 5, United States Code, any 
period of enrollment under a health benefits plan administered 
by the Overseas Private Investment Corporation before the effective 
date of this Act shall be deemed to be a period of enrollment 
in a health benefits plan under chapter 89 of such title. 
(b) CONTINUED COVERAGE.— 
(1) IN GENERAL.—^Any individual who, as of the enrollment 
eligibility date, is covered by a health benefits plan adminis-
tered by the Overseas Private Investment Corporation may 
enroll in an approved health benefits plan described under 
section 8903 or 8903a of title 5, United States Code— 
(A) either as an individual or for self and family, if 
such individual is an employee, annuitant, or former spouse 
as defined under section 8901 of such title; and 
(B) for coverage effective on and after such date. 
(2) INDIVIDUALS CURRENTLY UNDER CONTINUED COV-
ERAGE.—^An individual who, as of the enrollment eligibility 
date, is entitled to continued coverage under a health benefits 
plan 
administered by the Overseas 
Private 
Investment 
Corporation— 
(A) shall be deemed to be entitled to continued coverage 
under section 8905a of title 5, United States Code, for 
the same period that would have been permitted under 
the plan administered by the Overseas Private Investment 
Corporation; and 
(B) may enroll in an approved health benefits plan 
described under section 8903 or 8903a of such title in 
PUBLIC LAW 107-304—NOV. 27, 2002 
116 STAT. 2365 
accordance with section 8905a of such title for coverage 
effective on and after such date. 
(3) UNMARRIED DEPENDENT CHILDREN.—An individual who, 
as of the enrollment eligibility date, is covered as an unmarried 
dependent child under a health benefits plan administered 
by the Overseas Private Investment Corporation and who is 
not a member of family as defined under section 8901(5) of 
title 5, United States Code— 
(A) shall be deemed to be entitled to continued coverage 
under section 8905a of such title as though the individual 
had ceased to meet the requirements for being considered 
an unmarried dependent child under chapter 89 of such 
title as of such date; and 
(B) may enroll in an approved health benefits plan 
described under section 8903 or 8903a of such title in 
accordance with section 8905a for continued coverage effec-
tive on and after such date. 
(c) TRANSFERS TO THE EMPLOYEES HEALTH BENEFITS FUND.— 
(1) IN GENERAL.—^The Overseas Private Investment Cor-
poration shall transfer to the Employees Health Benefits Fund 
established under section 8909 of title 5, United States Code, 
amounts determined by the Director of the Office of Personnel 
Management, after consultation with the Overseas Private 
Investment Corporation, to be necessary to reimburse the Fund 
for the cost of providing benefits under this section not other-
wise paid for by the individuals covered by this section. 
(2) AVAILABILITY OF FUNDS.—^The amounts transferred 
under paragraph (1) shall be held in the Fund and used by 
the Office in addition to amounts available under section 
8906(g)( 1) of title 5, United States Code. 
(d) ADMINISTRATION AND REGULATIONS.—^The Office of Per-
sonnel Management— 
(1) shall administer this section to provide for— 
(A) a period of notice and open enrollment for individ- Notice. 
uals affected by this section; and 
(B) no lapse of health coverage for individuals who 
enroll in a health benefits plan under chapter 89 of title 
5, United States Code, in accordance with this section; 
and 
(2) may prescribe regulations to implement this section. 
(e) ENROLLMENT ELIGIBILITY DATE.—^For purposes of this sec-
tion, the term "enrollment eligibility date" means the last day 
on which coverage under a health benefits plan administered by 
the Overseas Private Investment Corporation is available. Such 
116 STAT. 2366 
PUBLIC LAW 107-304—NOV. 27, 2002 
date shall be determined by the Office of Personnel Management 
in consultation with the Overseas Private Investment Corporation. 
Approved November 27, 2002. 
LEGISLATIVE HISTORY—H.R. 3340: 
HOUSE REPORTS: No. 107-686 (Comm. on Government Reform). 
CONGRESSIONAL RECORD, Vol. 148 (2002): 
Oct. 7, considered and passed House. 
Nov. 13, considered and passed Senate.