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NOTES:
Source
(Added , title I, § 101(a), June 6, 1986, ; amended , title I, § 132, Jan. 8, 1988, ; , §§ 5(a),
6
(a)(2), July 17, 1990, , 322; , div. D, title XLIV, § 4437(a), Oct. 23, 1992, ; , § 9(b), (i)(3)–(7), Mar. 30, 1994, , 121, 122; , §§ 4(b),
5
(e)(4), Oct. 13, 1994, , 3174; , div. A, title I, § 101(f) [title VI, § 659 [title II, § 203(a)]], Sept. 30, 1996, , 3009–372, 3009–374; , div. A, title VI, § 661(a)(4), Oct. 5, 1999, .)
References in Text
Sections 72(p) and 402(c)(8) of the Internal Revenue Code of 1986, referred to in subsecs. (c)(3) and (g)(3), are classified to sections
and
, respectively, of Title
, Internal Revenue Code.
Amendments
1999—Subsecs. (g)(1), (h)(3). struck out “under section
of this title” after “by the employee or Member”.
1996—Subsec. (b). , § 101(f) [title VI, § 659 [title II, § 203(a)(1)]], added subsec. (b) and struck out former subsec. (b) which read as follows: “Subject to section
of this title, any employee or Member who separates from Government employment is entitled and may elect—
“(1) to receive an immediate annuity from the Thrift Savings Fund;
“(2) to defer the commencement of the payment of an annuity from the Thrift Savings Fund until such date as the employee or Member specifies, but not later than April 1 of the year following the year in which the employee or Member becomes 701/2 years of age;
“(3) to withdraw the amount of the balance in the employee’s or Member’s account in the Thrift Savings Fund in one or more substantially equal payments to be made not less frequently than annually and to commence before April 1 of the year following the year in which the employee or Member becomes 701/2 years of age; or
“(4) to transfer the amount of the balance in the employee’s or Member’s account to an eligible retirement plan as provided in subsection (c).”
Subsec. (c). , § 101(f) [title VI, § 659 [title II, § 203(a)(1)]], added subsec. (c) and struck out former subsec. (c) which read as follows:
“(1) The Executive Director shall make each transfer elected under subsection (b)(4) directly to an eligible retirement plan or plans (as defined in section 402(c)(8) of the Internal Revenue Code of 1986) identified by the employee, Member, former employee, or former Member for whom the transfer is made.
“(2) A transfer may not be made for an employee, Member, former employee, or former Member under paragraph (1) until the Executive Director receives from that individual the information required by the Executive Director specifically to identify the eligible retirement plan or plans to which the transfer is to be made.”
Subsec. (d)(1). , § 101(f) [title VI, § 659 [title II, § 203(a)(2)(A)]], substituted “(3)” for “(3)(A)” after “Subject to paragraph”.
Subsec. (d)(2). , § 101(f) [title VI, § 659 [title II, § 203(a)(2)(C)]], struck out subpar. (A) designation before “A former employee” and struck out subpar. (B) which read as follows: “A modification of a date may not be made under paragraph (2) on or after the date on which an annuity contract is purchased to provide for the annuity involved, and may not specify a date for the commencement of an annuity earlier than 90 days after the date on which the modification is submitted to the Executive Director (or such period shorter than 90 days as the Executive Director may by regulation prescribe).”
, § 101(f) [title VI, § 659 [title II, § 203(a)(2)(B)]], redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “Subject to paragraph (3)(B) and section
of this title, a former employee or Member who has made an election pursuant to subsection (b)(2) may modify the date specified in such election or in a previous modification under this paragraph.”
Subsec. (d)(3). , § 101(f) [title VI, § 659 [title II, § 203(a)(2)(B)]], redesignated par. (3) as (2).
Subsec. (f)(1). , § 101(f) [title VI, § 659 [title II, § 203(a)(3)]], substituted “less than an amount that the Executive Director prescribes by regulation” for “$3,500 or less” and substituted a comma for “unless the employee or Member elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under subsection (b), or”.
Subsec. (f)(2). , § 101(f) [title VI, § 659 [title II, § 203(a)(4)]], in introductory provisions substituted “April 1” for “February 1”, in subpar. (A) substituted “701/2” for “65” and inserted “or” after semicolon, redesignated subpar. (C) as (B), and struck out former subpar. (B) which read as follows: “occurs the tenth anniversary of the year in which the employee, Member, former employee, or former Member became subject to this subchapter; or”.
Subsec. (g)(1). , § 101(f) [title VI, § 659 [title II, § 203(a)(5)(A)]], struck out “after December 31, 1987, and” after “At any time”, and inserted at end “Before a loan is issued, the Executive Director shall provide in writing the employee or Member with appropriate information concerning the cost of the loan relative to other sources of financing, as well as the lifetime cost of the loan, including the difference in interest rates between the funds offered by the Thrift Savings Fund, and any other effect of such loan on the employee’s or Member’s final account balance.”
Subsec. (g)(2) to (5). , § 101(f) [title VI, § 659 [title II, § 203(a)(5)(B)]], redesignated pars. (3) to (5) as (2) to (4), respectively, and struck out former par. (2) which read as follows: “An application under this subsection may be approved only for—
“(A) the purchase of a primary residence;
“(B) educational expenses;
“(C) medical expenses; or
“(D) financial hardship.”
Subsec. (h). , § 101(f) [title VI, § 659 [title II, § 203(a)(6)]], added subsec. (h).
1994—Subsec. (b). , § 9(b)(1), amended introductory provisions generally, substituting “Subject to section
of this title, any employee or Member who separates from Government employment is entitled and may elect—” for “Subject to section
of this title, any employee or Member who separates from Government employment entitled to an immediate annuity under subchapter II of this chapter, any employee or Member who separates from Government employment entitled to benefits under subchapter
of chapter
of this title, any employee who separates from Government employment pursuant to regulations under section
of this title or procedures under section
of this title in a reduction in force, and any employee or Member who is entitled to receive disability benefits under subchapter V of this chapter is entitled and may elect—”.
Subsec. (b)(4). , § 9(i)(3), substituted “subsection (c)” for “subsection (e)”.
Subsec. (c). , § 9(b)(2), redesignated subsec. (e) as (c) and struck out former subsec. (c) which related to permissible elections by employees separating from Government who are entitled to a deferred annuity.
Subsec. (c)(1). , § 9(b)(3), substituted “directly to an eligible retirement plan or plans (as defined in section 402(c)(8) of the Internal Revenue Code of 1986)” for “or (c)(4) or required under subsection (d) directly to an eligible retirement plan or plans (as defined in section 402(a)(5)(E) of the Internal Revenue Code of 1954)”.
Subsec. (d). , § 4(b)(1), inserted before period at end “, unless an election under section
is made to treat such separation for purposes of this subsection as if it had never occurred”.
, § 9(b)(2), redesignated subsec. (f) as (d) and struck out former subsec. (d) which read as follows: “Subject to section
of this title, any employee or Member who separates from Government employment before becoming entitled to a deferred annuity under subchapter II of this chapter shall transfer the amount of the balance in the employee’s or Member’s account to an eligible retirement plan as provided in subsection (e), unless an election under section
is made to treat such separation for purposes of this subsection as if it had never occurred.”
Subsec. (d)(1). , § 9(i)(4), substituted “(c) of section
” for “(d) of section
”.
Subsec. (d)(2). , § 9(b)(4), (i)(5), substituted “section
” for “section
” and struck out “or (c)(2)” after “subsection (b)(2)”.
Subsec. (e). , § 9(b)(2), (i)(6), redesignated subsec. (g) as (e) and substituted “section
” for “section
”. Former subsec. (e) redesignated (c).
Subsec. (f). , § 9(b)(2), redesignated subsec. (h) as (f). Former subsec. (f) redesignated (d).
Subsec. (f)(1). , § 9(b)(5)(A), (B), redesignated par. (2) as (1), substituted “Notwithstanding subsection (b), if an employee or Member separates from Government employment, and such employee’s or Member’s” for “Notwithstanding subsections (b) and (c), if an employee or Member separates from Government employment under circumstances making such employee or Member eligible to make an election under either of those subsections, and such employee’s or Member’s”, struck out “or (c), as applicable” before period at end, and struck out former par. (1) which read as follows: “Notwithstanding subsection (d), if an employee or Member separates from Government employment before becoming entitled to a deferred annuity under subchapter II, and such employee’s or Member’s nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the employee or Member elects, at such time and otherwise in such manner as the Executive Director prescribes, to have the nonforfeitable account balance transferred to an eligible retirement plan as provided in subsection (e), or unless an election under section
is made to treat such separation for purposes of this paragraph as if it had never occurred.”
Subsec. (f)(2). , § 9(b)(5)(A), (C), redesignated par. (3) as (2) and substituted “paragraph (1)” for “paragraphs (1) and (2)” before “, benefits under this chapter”. Former par. (2) redesignated (1).
Subsec. (f)(3). , § 9(b)(5)(A), redesignated par. (3) as (2).
Subsec. (g). , § 9(b)(2), redesignated subsec. (i) as (g). Former subsec. (g) redesignated (e).
Subsec. (g)(5). , § 9(i)(7), substituted “section
” for “section
”.
Subsec. (h). , § 9(b)(2), redesignated subsec. (h) as (f).
Subsec. (h)(1), (2). , § 4(b)(2), inserted before period at end “, or unless an election under section
is made to treat such separation for purposes of this paragraph as if it had never occurred”.
Subsec. (i). , § 9(b)(2), redesignated subsec. (i) as (g).
Subsec. (i)(4). , § 5(e)(4), substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
1992—Subsec. (b). inserted “any employee who separates from Government employment pursuant to regulations under section
of this title or procedures under section
of this title in a reduction in force,” after “chapter
of this title,”.
1990—Subsec. (f)(3)(A). , § 5(a)(1), substituted “an annuity contract is purchased to provide for the annuity elected by the former employee or Member” for “an annuity elected by the former employee or Member commences”.
Subsec. (f)(3)(B). , § 5(a)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “A modification of a date may not be made under paragraph (2) on or after such date and may not specify a date for the commencement of an annuity earlier than 1 month after the date on which the modification is submitted to the Executive Director.”
Subsec. (h). , § 6(a)(2), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “Unless otherwise elected under this section, benefits under this subchapter shall be paid as an annuity commencing for an employee, Member, former employee, or former Member on February 1 of the year following the latest of the year in which—
“(1) the employee, Member, former employee, or former Member becomes 65 years of age;
“(2) occurs the tenth anniversary of the year in which the employee, Member, former employee, or former Member became subject to this subchapter; or
“(3) the employee, Member, former employee, or former Member separates from Government employment.”
1988—Subsec. (i)(3). amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Loans under this subsection shall be subject to such conditions as the Board may prescribe consistent with section 408(b)(1) of the employee Retirement Income Security Act of 1974 ( U.S.C.
). The conditions shall be included in regulations issued by the Executive Director.”
Effective Date of 1999 Amendment
Amendment by effective 180 days after Oct. 30, 2000, unless postponed, see section 663 of , as amended, set out as an Effective Date note under section
of this title.
Effective Date of 1996 Amendment
Amendment by effective Sept. 30, 1996, and withdrawals and elections as provided under such amendment to be made at earliest practicable date as determined by Executive Director in regulations, see section
[title VI, § 659 [title II, § 207]] of , set out as a note under section
of this title.
Effective Date of 1994 Amendments
Amendment by section 4(b) of effective Oct. 13, 1994, and applicable to any employee whose release from military service, discharge from hospitalization, or other similar event making the individual eligible to seek restoration or reemployment under chapter
of Title
, Veterans’ Benefits, occurs on or after Aug. 2, 1990, with special rules for applying amendment to employees restored or reemployed before effective date, see section 4(e), (f) of , set out as an Effective Date note under section
of this title.
Amendment by section 5(e)(4) of effective with respect to reemployments initiated on or after the first day after the 60-day period beginning Oct. 13, 1994, with transition rules, see section 8 of , set out as an Effective Date note under section
of Title
.
Amendment by effective Mar. 10, 1995, see section 9(j) of , set out as a note under section
of this title.
Effective Date of 1992 Amendment
Amendment by applicable with respect to separations occurring after Dec. 31, 1993, or such earlier date as Executive Director (appointed under section
of this title) may by regulation prescribe, see section 4437(d) of , set out as a note under section
of this title.
Effective Date of 1990 Amendment
Section 5(d) of provided that: “The amendments made by this section [amending this section and sections
, and
of this title] shall be effective as of April 1, 1987.”
Amendment by section 6(a)(2) of effective as of second election period described in section
of this title beginning after July 17, 1990, or such earlier date as Executive Director may by regulation prescribe, and applicable with respect to separations occurring before, on, or after that effective date, see section 6(c) of , set out as a note under section
of this title.
Regulations
Section 6(b)(4) of provided that: “The Executive Director (as appointed under section
of title
, United States Code) shall prescribe regulations under which the purposes of the amendments made by this section [amending this section and sections
,
,
,
, and
of this title] shall be carried out with respect to any individuals participating in the Thrift Savings Plan who would not otherwise be affected by this section.”
Invalidity of Certain Prior Elections
Section
[title VI, § 659 [title II, § 203(b)]] of provided that: “Any election made under section
of title
, United States Code (as in effect before the effective date of this title [Sept. 30, 1996]), with respect to an annuity which has not commenced before the implementation date of this title as provided by regulation by the Executive Director in accordance with section
207 of this title [ U.S.C. ], shall be invalid.”
Section Referred to in Other Sections
This section is referred to in sections
,
,
,
,
,
,
,
,
,
of this title; title
section
; title
section
.
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