To amend title 5, United States Code, to allow for the contribution of certain rollover distributions to accounts in the Thrift Savings Plan, to eliminate certain waiting-period requirements for participating in the Thrift Savings Plan, and for other purposes.
PL 106-361 (H.R.208), enacted 10/27/2000

114 STAT. 1400 
PUBLIC LAW 106-361—OCT. 27, 2000 
Public Law 106-361 
106th Congress 
An Act 
To amend title 5, United States Code, to allow for the contribution of certain 
Oct. 27, 2000 
rollover distributions to accounts in the Thrift Savings Plan, to eliminate certain 
[H R 208] 
waiting-period requirements for participating in the Thrift Savings Plan, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. ELIGIBLE ROLLOVER DISTRIBUTIONS. 
(a) IN GENERAL.—Section 8432 of title 5, United States Code, 
is amended by adding at the end the following: 
"(j)(l) For the purpose of this subsection— 
"(A) the term 'eligible rollover distribution' has the meaning 
given such term by section 402(c)(4) of the Internal Revenue 
Code of 1986; and 
"(B) the term 'qualified trust' has the meaning given such 
term by section 402(c)(8) of the Internal Revenue Code of 1986. 
"(2) An employee or Member may contribute to the Thrift 
Savings Fund an eligible rollover that a qualified trust could accept 
under the Internal Revenue Code of 1986. A contribution made 
under this subsection shall be made in the form described in section 
401(a)(31) of the Internal Revenue Code of 1986. In the case of 
an eligible rollover distribution, the maximum amount transferred 
to the Thrift Savings Fund shall not exceed the amount which 
would otherwise have been included in the employee's or Member's 
gross income for Federal income tax purposes. 
Regulations. 
"(3) The Executive Director shall prescribe regulations to carry 
out this subsection.". 
5 use 8432 note. 
(b) EFFECTIVE DATE.—The amendment made by this section 
shall take effect at the earliest practicable date sifter September 
30, 2000, as determined by the Executive Director in regulations. 
SEC. 2. IMMEDIATE PARTICIPATION IN THE THRIFT SAVINGS PLAN. 
(a) ELIMINATION OF CERTAIN WAITING PERIODS FOR PURPOSES 
OF EMPLOYEE CONTRIBUTIONS.—Paragraph (4) of section 8432(b) 
of title 5, United States Code, is amended to read as follows: 
"(4) The Executive Director shall prescribe such regulations 
as may be necessary to carry out the following: 
"(A) Notwithstanding subparagraph (A) of paragraph (2), 
an employee or Member described in such subparagraph shall 
be afforded a reasonable opportunity to first make an election 
under this subsection beginning on the date of commencing 
service or, if that is not administratively feasible, beginning 
on the earliest date thereafter that such an election becomes 
PUBLIC LAW 106-361—OCT. 27, 2000 
114 STAT. 1401 
administratively feasible, as determined by the Executive 
Director. 
"(B) An employee or Member described in subparagraph 
(B) of paragraph (2) shall be afforded a reasonable opportunity 
to first make an election imder this subsection (based on the 
appointment or election described in such subparagraph) begin-
ning on the date of commencing service pursuant to such 
appointment or election or, if that is not administratively fea-
sible, beginning on the earliest date thereafter that such an 
election becomes administratively feasible, as determined by 
the Executive Director. 
"(C) Notwithstanding the preceding provisions of this para-
graph, contributions under paragraphs (1) and (2) of subsection 
(c) shall not be payable with respect to any pay period before 
the earliest pay period for which such contributions would 
otherwise be allowable under this subsection if this paragraph 
had not been enacted. 
"(D) 
Sections 
8351(a)(2), 
8440a(a)(2), 
8440b(a)(2), 
8440c(a)(2), and 8440d(a)(2) shall be applied in a manner con-
sistent with the purposes of subparagraphs (A) and (B), to 
the extent those subparagraphs can be applied with respect 
thereto. 
"(E) Nothing in this paragraph shall affect paragraph (3).". 
(b) TECHNICAL AND CONFORMING AMENDMENTS.—(1) Section 
8432(a) of title 5, United States Code, is amended— 
(A) in the first sentence by striking "(b)(1)" and inserting 
"(b)"; and 
(B) by amending the second sentence to read as follows: 
"Contributions under this subsection pursuant to such an elec-
tion shall, with respect to each pay period for which such 
election remains in effect, be made in accordance with a pro-
gram of regular contributions provided in regulations prescribed 
by the Executive Director.". 
(2) Section 8432(b)(1)(B) of title 5, United States Code, is 
amended by inserting "(or any election allowable by virtue of para-
graph (4))" after "subparagraph (A)". 
(3) Section 8432(b)(3) of title 5, United States Code, is amended 
by striking "Notwithstanding paragraph (2)(A), an" and inserting 
"An". 
(4) Section 8439(a)(1) of title 5, United States Code, is amended 
by inserting "who makes contributions or" after "for each individual" 
and by striking "section 8432(c)(1)" £ind inserting "section 8432". 
(5) Section 8439(c)(2) of title 5, United States Code, is amended 
by adding at the end the following: "Nothing in this paragraph 
shall be considered to limit the dissemination of information only 
to the times required under the preceding sentence.". 
(6) Sections 8440a(a)(2) and 8440d(a)(2) of title 5, United States 
Code, are amended by striking all after "subject to" and inserting 
"this chapter.". 
(c) EFFECTIVE DATE.— 
5 use 8432 note. 
(1) IN GENERAL.—The amendments made by this section 
shall take effect at the earliest practicable date after September 
30, 2000, as determined by the Executive Director in regula-
tions. 
(2) SAVINGS PROVISION.—Notwithstanding any other provi-
sion of this section, until the amendments made by this section 
79-194 O - 00 - 19 : QL 3 Part 2 
114 STAT. 1402 
PUBLIC LAW 106-361—OCT. 27, 2000 
take effect, title 5, United States Code, shall be applied as 
if this section had not been enacted. 
SEC. 
3
. 
COURT 
ORDERS 
AFFECTING 
REFUNDS. 
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8342(j)(l) of 
title 5, United States Code, is amended to read as follows: 
"(j)(l)(A) Payment of the lump-sum credit under subsection 
(a) may be made only if the spouse, if any, and any former spouse 
of the employee or Member are notified of the employee or Member's 
application. 
Regulations. 
"(B) The Office shall prescribe regulations under which the 
lump-sum credit shall not be paid without the consent of a spouse 
or former spouse of the employee or Member where the Office 
has received such additional information and documentation as 
the Office may require that— 
"(i) a court order bars payment of the lump-sum credit 
in order to preserve the court's ability to award an annuity 
imder section 8341(h) or section 8345( j); or 
"(ii) pa3rment of the lump-sum credit would extinguish the 
entitlement of the spouse or former spouse, under a court 
order on file with the Office, to a survivor annuity under 
section 8341(h) or to any portion of an sinnuity under section 
8345(j).". 
(b) 
FEDERAL 
EMPLOYEES 
RETIREMENT 
SYSTEM,—Section 
8424(b)(1) of title 5, United States Code, is amended to read as 
follows: 
"(b)(1)(A) Payment of the lump-sum credit under subsection 
(a) may be made only if the spouse, if any, and any former spouse 
of the employee or Member are notified of the employee or Member's 
application. 
Regulations. 
"(B) The Office shall prescribe regulations under which the 
lump-sum credit shall not be paid without the consent of a spouse 
or former spouse of the employee or Member where the Office 
has received such additional information or documentation as the 
Office may require that— 
"(i) a court order bars payment of the lump-sum credit 
in order to preserve the court s ability to award an annuity 
under section 8445 or 8467; or 
"(ii) payment of the lump-sum credit would extinguish the 
entitlement of the spouse or former spouse, under a court 
order on file with the Office, to a survivor annuity under 
PUBLIC LAW 106-361—OCT. 27, 2000 
114 STAT. 1403 
section 8445 or to any portion of an annuity luider section 
8467.". 
Approved October 27, 2000. 
LEGISLATIVE HISTORY—H.R. 208: 
HOUSE REPORTS: No. 106-87 (Comm. on Government Reform). 
SENATE REPORTS: No. 106-343 (Comm. on Governmental Affairs). 
CONGRESSIONAL RECORD: 
Vol. 145 (1999): Apr. 20, considered and passed House. 
Vol. 146 (2000): July 21, considered and passed Senate, amended. 
Oct. 10, House concurred in Senate amendments.