Title 5 — Government Organization and EmployeesRelease 119-73
§8401 Definitions
Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart G— - Insurance and Annuities › Chapter CHAPTER 84— - FEDERAL EMPLOYEES’ RETIREMENT SYSTEM › Subchapter SUBCHAPTER I— - GENERAL PROVISIONS › § 8401
Summary
Defines the key words used in the rest of the chapter so people know what each term means. Account — an account set up and kept under section 8439(a). Annuitant — a former worker or Member who meets the rules for an annuity under subchapter II or V and files for it. Average pay — the highest annual rate found by averaging basic pay over any 3 consecutive years (or over total service if less than 3 years), with each pay rate weighted by how long it applied. Basic pay — the meaning given in section 8331(3). Board — the Federal Retirement Thrift Investment Board under section 8472(a). Civil Service Retirement and Disability Fund or Fund — the Fund described in section 8348. Court — any State court, the District of Columbia, Puerto Rico, Guam, the Northern Mariana Islands, the Virgin Islands, or any Indian court. Director — the Director of the Office of Personnel Management. Dynamic assumptions — economic assumptions used for actuarial cost work that look at future investment returns, pay increases, and price inflation. Earnings (Thrift Savings Fund) — gains or yield from investing Fund money. Employee — the categories of workers listed in section 8331(1) plus Congressional employees under section 2107 (including temporary and Congressional Budget Office workers) and certain employees under section 2105(c) who elect to stay covered. Former spouse — a person who was married at least 9 months to someone who did at least 18 months of civilian service creditable under section 8411. Executive Director — the Executive Director appointed under section 8474(a). Firefighter — an employee whose main job is fighting fires and whose work is physically demanding so it’s limited to young, fit people as determined by the Director, and someone moved to a supervisory or administrative job right after at least 3 years of those duties. Government — the Federal Government, Gallaudet College, and, for certain 2105(c) employees, a Department of Defense or Coast Guard nonappropriated fund instrumentality. Indian court — the meaning in section 8331(24). Law enforcement officer — an employee whose main duties are investigating, arresting, detaining people, or protecting U.S. officials, with physical demands and other specific categories listed, including some Interior, Treasury, prison, and military facility staff and supervisors moved after 3 years. Loss (Thrift Savings Fund) — includes losses from Fund investments or from breaches under section 8477. Lump-sum credit — the unrefunded retirement deductions and certain deposits listed in law, plus interest equal to the Fund’s overall average yield in the prior fiscal year on Treasury obligations bought under section 8348(c),(d),(e), compounded annually. Member — the meaning in section 2106, except people who legally opt out or certain House members serving before the Legislative Branch Appropriations Act, 2004. Net earnings — earnings minus losses. Net losses — losses minus earnings. Normal-cost percentage — the entry-age normal cost for Fund-related parts of the System, calculated by the Office using generally accepted actuarial methods and dynamic assumptions and shown as a steady percentage of total basic pay. Office — the Office of Personnel Management. Price index — the meaning in section 8331(15). Service — service that counts under section 8411. Supplemental liability — the estimated excess of the actuarial present value of future Fund benefits for current or former workers over the sum of the actuarial present value of future employee deductions, future agency contributions under section 8423(a), the Fund balance attributable to the System or certain 1983 Act contributions, and any other appropriate amounts as determined by the Office. Survivor — someone entitled to an annuity under subchapter IV. System — the Federal Employees’ Retirement System in section 8402(a). Military technician (dual status) — the employee described in section 10216 of title 10. Military service — honorable active service in the armed forces, in the Public Health Service commissioned corps after June 30, 1960, or in the NOAA commissioned corps after June 30, 1961. Nonforfeitable account balance — amounts in a subchapter III account that cannot be taken away, as decided under section 8432(g). Nuclear materials courier — the meaning in section 8331(27). Government physician — the meaning in section 5948. Air traffic controller or controller — a controller as in section 2109(1) and certain immediate civilian supervisors in DOT or DOD. Customs and Border Protection officer — a DHS employee in the GS–1895 job series (as of September 1, 2007, or its successor) whose duties relate to arrivals and departures at ports of entry, including those moved to supervisory or administrative work after at least 3 years in such duties. Revised annuity employee — someone who on December 31, 2012 was not covered and had less than 5 years of creditable civilian service, and who becomes covered after December 31, 2012 but before January 1, 2014. Further revised annuity employee — someone who on December 31, 2013 was not covered and had less than 5 years of creditable civilian service, and who becomes covered after December 31, 2013. Representative payee — a person or organization chosen under section 8466(c)(1) to receive payments for a minor or someone mentally incompetent or legally disabled.
Full Legal Text
Title 5, §8401
Government Organization and Employees — Source: USLM XML via OLRC
For the purpose of this chapter—
(1)the term “account” means an account established and maintained under section 8439(a) of this title;
(2)the term “annuitant” means a former employee or Member who, on the basis of that individual’s service, meets all requirements for title to an annuity under subchapter II or V of this chapter and files claim therefor;
(3)the term “average pay” means the largest annual rate resulting from averaging an employee’s or Member’s rates of basic pay in effect over any 3 consecutive years of service or, in the case of an annuity under this chapter based on service of less than 3 years, over the total service, with each rate weighted by the period it was in effect;
(4)the term “basic pay” has the meaning given such term by section 8331(3);
(5)the term “Board” means the Federal Retirement Thrift Investment Board established by section 8472(a) of this title;
(6)the term “Civil Service Retirement and Disability Fund” or “Fund” means the Civil Service Retirement and Disability Fund under section 8348;
(7)the term “court” means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court;
(8)the term “Director” means the Director of the Office of Personnel Management;
(9)the term “dynamic assumptions” means economic assumptions that are used in determining actuarial costs and liabilities of a retirement system and in anticipating the effects of long-term future—
(A)investment yields;
(B)increases in rates of basic pay; and
(C)rates of price inflation;
(10)the term “earnings”, when used with respect to the Thrift Savings Fund, means the amount of the gain realized or yield received from the investment of sums in such Fund;
(11)the term “employee” means—
(A)an individual referred to in subparagraph (A), (E), (F), (H), (I), (J), or (K) of section 8331(1) of this title;
(B)a Congressional employee as defined in section 2107 of this title, including a temporary Congressional employee and an employee of the Congressional Budget Office; and
(C)an employee described in section 2105(c) who has made an election under section 8461(n)(1) to remain covered under this chapter;
(i)any individual referred to in—
(I)clause (i), (vi), or (ix) of paragraph (1) of section 8331;
(II)clause (ii) of such paragraph; or
(III)the undesignated material after the last clause of such paragraph;
(ii)any individual excluded under section 8402(c) of this title;
(iii)a member of the Foreign Service described in section 103(6) of the Foreign Service Act of 1980; or
(iv)an employee who has made an election under section 8461(n)(2) to remain covered by a retirement system established for employees described in section 2105(c);
(12)the term “former spouse” means a former spouse of an individual—
(A)if such individual performed at least 18 months of civilian service creditable under section 8411 as an employee or Member; and
(B)if the former spouse was married to such individual for at least 9 months;
(13)the term “Executive Director” means the Executive Director appointed under section 8474(a);
(14)the term “firefighter” means—
(A)an employee, the duties of whose position—
(i)are primarily to perform work directly connected with the control and extinguishment of fires; and
(ii)are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency; and
(B)an employee who is transferred directly to a supervisory or administrative position after performing duties described in subparagraph (A) for at least 3 years;
(15)the term “Government” means the Federal Government, Gallaudet College, and, in the case of an employee described in paragraph (11)(C), a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c);
(16)the term “Indian court” has the meaning given such term by section 8331(24);
(17)the term “law enforcement officer” means—
(A)an employee, the duties of whose position—
(i)are primarily—
(I)the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States, or
(II)the protection of officials of the United States against threats to personal safety; and
(ii)are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency;
(B)an employee of the Department of the Interior or the Department of the Treasury (excluding any employee under subparagraph (A)) who occupies a position that, but for the enactment of the Federal Employees’ Retirement System Act of 1986, would be subject to the District of Columbia Police and Firefighters’ Retirement System, as determined by the Secretary of the Interior or the Secretary of the Treasury, as appropriate;
(C)an employee who is transferred directly to a supervisory or administrative position after performing duties described in subparagraph (A) and (B) for at least 3 years; and
(D)an employee—
(i)of the Bureau of Prisons or Federal Prison Industries, Incorporated;
(ii)of the Public Health Service assigned to the field service of the Bureau of Prisons or of the Federal Prison Industries, Incorporated; or
(iii)in the field service at Army or Navy disciplinary barracks or at any other confinement and rehabilitation facility operated by any of the armed forces;
(18)the term “loss”, as used with respect to the Thrift Savings Fund, includes the amount of any loss resulting from the investment of sums in such Fund, or from the breach of any responsibility, duty, or obligation under section 8477.11 So in original. The period probably should be a semicolon.
(19)the term “lump-sum credit” means the unrefunded amount consisting of—
(A)retirement deductions made from the basic pay of an employee or Member under section 8422(a) of this title (or under section 204 of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983);
(B)amounts deposited by an employee or Member under section 8422(e);
(C)amounts deposited by an employee, Member, or survivor under section 8411(f) or 8422(i); and
(D)interest on the deductions and deposits which, for any calendar year, shall be equal to the overall average yield to the Fund during the preceding fiscal year from all obligations purchased by the Secretary of the Treasury during such fiscal year under section 8348(c), (d), and (e), as determined by the Secretary (compounded annually);
(i)if the service covered thereby aggregates 1 year or less; or
(ii)for a fractional part of a month in the total service;
(20)the term “Member” has the same meaning as provided in section 2106, except that such term does not include an individual who irrevocably elects, by written notice to the official by whom such individual is paid, not to participate in the Federal Employees’ Retirement System, and who (in the case of an individual who is a Member of the House of Representatives, including a Delegate or Resident Commissioner to the Congress) serves as a Member prior to the date of the enactment of the Legislative Branch Appropriations Act, 2004;
(21)the term “net earnings” means the excess of earnings over losses;
(22)the term “net losses” means the excess of losses over earnings;
(23)the term “normal-cost percentage” means the entry-age normal cost of the provisions of the System which relate to the Fund, computed by the Office in accordance with generally accepted actuarial practice and standards (using dynamic assumptions) and expressed as a level percentage of aggregate basic pay;
(24)the term “Office” means the Office of Personnel Management;
(25)the term “price index” has the same meaning as provided in section 8331(15);
(26)the term “service” means service which is creditable under section 8411;
(27)the term “supplemental liability” means the estimated excess of—
(A)the actuarial present value of all future benefits payable from the Fund under this chapter based on the service of current or former employees or Members, over
(B)the sum of—
(i)the actuarial present value of deductions to be withheld from the future basic pay of employees and Members currently subject to this chapter pursuant to section 8422;
(ii)the actuarial present value of the future contributions to be made pursuant to section 8423(a) with respect to employees and Members currently subject to this chapter;
(iii)the Fund balance as of the date the supplemental liability is determined, to the extent that such balance is attributable—
(I)to the System, or
(II)to contributions made under the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983 by or on behalf of an individual who became subject to the System; and
(iv)any other appropriate amount, as determined by the Office in accordance with generally accepted actuarial practices and principles;
(28)the term “survivor” means an individual entitled to an annuity under subchapter IV of this chapter;
(29)the term “System” means the Federal Employees’ Retirement System described in section 8402(a);
(30)the term “military technician (dual status)” means an employee described in section 10216 of title 10;
(31)the term “military service” means honorable active service—
(A)in the armed forces;
(B)in the commissioned corps of the Public Health Service after June 30, 1960; or
(C)in the commissioned corps of the National Oceanic and Atmospheric Administration, or a predecessor entity in function, after June 30, 1961;
(32)the term “nonforfeitable account balance” means any amounts in an account, established and maintained under subchapter III, which are nonforfeitable (as determined under section 8432(g));
(33)“Nuclear materials courier” has the meaning given that term in section 8331(27);
(34)the term “Government physician” has the meaning given such term under section 5948;
(35)the term “air traffic controller” or “controller” means—
(A)a controller within the meaning of section 2109(1); and
(B)a civilian employee of the Department of Transportation or the Department of Defense who is the immediate supervisor of a person described in section 2109(1)(B);
(36)the term “customs and border protection officer” means an employee in the Department of Homeland Security (A) who holds a position within the GS–1895 job series (determined applying the criteria in effect as of September 1, 2007) or any successor position, and (B) whose duties include activities relating to the arrival and departure of persons, conveyances, and merchandise at ports of entry, including any such employee who is transferred directly to a supervisory or administrative position in the Department of Homeland Security after performing such duties (as described in subparagraph (B)) in 1 or more positions (as described in subparagraph (A)) for at least 3 years;
(37)the term “revised annuity employee” means any individual who—
(A)on December 31, 2012—
(i)is not an employee or Member covered under this chapter;
(ii)is not performing civilian service which is creditable service under section 8411; and
(iii)has less than 5 years of creditable civilian service under section 8411; and
(B)after December 31, 2012, and before January 1, 2014, becomes employed as an employee or becomes a Member covered under this chapter performing service which is creditable service under section 8411;
(38)the term “further revised annuity employee” means any individual who—
(A)on December 31, 2013—
(i)is not an employee or Member covered under this chapter;
(ii)is not performing civilian service which is creditable service under section 8411; and
(iii)has less than 5 years of creditable civilian service under section 8411; and
(B)after December 31, 2013, becomes employed as an employee or becomes a Member covered under this chapter performing service which is creditable service under section 8411; and
(39)“representative payee” means a person (including an organization) designated under section 8466(c)(1) to receive payments on behalf of a minor or an individual mentally incompetent or under other legal disability.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Social Security Act, referred to in par. (11), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 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. Chapter 21 of the Internal Revenue Code of 1986, referred to in par. (11), is classified to chapter 21 (§ 3101 et seq.) of Title 26, Internal Revenue Code. section 103(6) of the Foreign Service Act of 1980, referred to in par. (11)(iii), is classified to section 3903(6) of Title 22, Foreign Relations and Intercourse. The Federal Employees’ Retirement System Act of 1986, referred to in par. (17)(B), is Pub. L. 99–335, June 6, 1986, 100 Stat. 514. For complete classification of this Act to the Code, see
Short Title
note set out under section 8401 of this title and Tables. The Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983, referred to in pars. (19)(A) and (27)(B)(iii)(II), is Pub. L. 98–168, title II, Nov. 29, 1983, 97 Stat. 1106, which is set out as a note under section 8331 of this title. The date of the enactment of the Legislative Branch Appropriations Act, 2004, referred to in par. (20), is the date of enactment of Pub. L. 108–83, which was approved Sept. 30, 2003.
Amendments
2020—Par. (39). Pub. L. 116–126 added par. (39). 2013—Par. (37)(B). Pub. L. 113–67, § 401(a)(2), inserted “and before
January 1, 2014,” after “after
December 31, 2012,”. Par. (38). Pub. L. 113–67, § 401(a)(1), added par. (38). 2012—Par. (37). Pub. L. 112–96 added par. (37). 2009—Par. (19)(C). Pub. L. 111–84 substituted “8411(f) or 8422(i);” for “8411(f);”. 2008—Par. (31). Pub. L. 110–181, in concluding provisions, substituted “and includes service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, but” for “but”. 2007—Par. (36). Pub. L. 110–161 added par. (36). 2003—Par. (20). Pub. L. 108–83 inserted before semicolon at end “, and who (in the case of an individual who is a Member of the House of Representatives, including a Delegate or Resident Commissioner to the Congress) serves as a Member prior to the date of the enactment of the Legislative Branch Appropriations Act, 2004”. Par. (35). Pub. L. 108–176 added par. (35). 2000—Par. (34). Pub. L. 106–571 added par. (34). 1999—Par. (30). Pub. L. 106–65 amended par. (30) generally. Prior to amendment, par. (30) read as follows: “the term ‘military reserve technician’ means a member of one of the reserve components of the armed forces specified in section 10101 of title 10 who— “(A) is assigned to a civilian position as a technician in the administration and training of such reserve components or in the maintenance and repair of supplies issued to such reserve components; and “(B) as a condition of employment in such position, is required to be a member of one of such reserve components serving in a specified military grade;”. 1998—Par. (33). Pub. L. 105–261 added par. (33). 1996—Par. (4). Pub. L. 104–208 struck out “except as provided in subchapter III of this chapter,” before “the term”. 1994—Par. (11). Pub. L. 103–353, § 5(e)(1), in flush provisions before cl. (i), substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”. Par. (30). Pub. L. 103–337 substituted “section 10101” for “section 261(a)” in introductory provisions. Par. (31). Pub. L. 103–353, § 5(c), in closing provisions, inserted before semicolon “or full-time National Guard duty (as such term is defined in section 101(d) of title 10) if such service interrupts creditable civilian service under this subchapter and is followed by reemployment in accordance with chapter 43 of title 38 that occurs on or after
August 1, 1990”. 1990—Par. (11)(C). Pub. L. 101–508, § 7202(k)(1)(A)(i)–(iii), added subpar. (C). Par. (11)(i)(I). Pub. L. 101–474 struck out “(v),” after “(i),”. Par. (11)(iv). Pub. L. 101–508, § 7202(k)(1)(A)(iv)–(vi), added cl. (iv). Par. (15). Pub. L. 101–508, § 7202(k)(1)(B), substituted “, Gallaudet College, and, in the case of an employee described in paragraph (11)(C), a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c);” for “and Gallaudet College;”. Par. (32). Pub. L. 101–335 added par. (32). 1988—Par. (11)(A). Pub. L. 100–679 substituted “(J), or (K)” for “or (J)”. Par. (11)(i)(II). Pub. L. 100–238, § 103(d)(2), struck out “(other than an employee of the United States Park Police, or the United States Secret Service, whose civilian service after
December 31, 1983, is such employment)”. Par. (11)(iii). Pub. L. 100–238, § 113(b)(1), added cl. (iii). Par. (14)(A)(ii). Pub. L. 100–238, § 103(a)(2), substituted “should be” for “are required to be”. Par. (14)(B). Pub. L. 100–238, § 103(c)(2), substituted “for at least 3 years” for “for at least 10 years”. Par. (17). Pub. L. 100–238, § 103(a)(2), (c)(1), in subpar. (A)(ii), substituted “should be” for “are required to be”, added subpar. (B), redesignated former subpar. (B) as (C) and amended it generally, substituting “subparagraph (A) and (B) for at least 3 years” for “subparagraph (A) for at least 10 years”, redesignated former subpar. (C) as (D), and in concluding provisions, substituted “should be” for “are required to be”. 1986—Par. (11). Pub. L. 99–556, § 119, struck out “any of” before “whose civilian service” in two places. Par. (18). Pub. L. 99–556, § 109, amended par. (18) generally. Prior to amendment, par. (18) read as follows: “the term ‘loss’, when used with respect to the Thrift Savings Fund, means the amount of the loss resulting from the investment of sums in such Fund;”. Par. (19)(C), (D). Pub. L. 99–556, § 107, added subpar. (C) and redesignated former subpar. (C) as (D).
Statutory Notes and Related Subsidiaries
Effective Date
of 2020 AmendmentAmendment by Pub. L. 116–126 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 section 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.
Effective Date
of 2008 AmendmentAmendment by Pub. L. 110–181 applicable to any annuity, eligibility for which is based upon a separation occurring before, on, or after Jan. 28, 2008, and any period of service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, occurring before, on, or after Jan. 28, 2008, see section 1115(c) of Pub. L. 110–181, set out as a note under section 8331 of this title.
Effective Date
of 2007 Amendment; Transition RulesAmendment by Pub. L. 110–161 effective on the later of June 30, 2008, or the first day of the first pay period beginning at least 6 months after Dec. 26, 2007, with transition rules and rights of election, see section 535(e) of Pub. L. 110–161, set out as a note under section 3307 of this title.
Effective Date
of 2003 Amendment Pub. L. 108–176, title II, § 226(c), Dec. 12, 2003, 117 Stat. 2530, provided that: “(1) In general.—This section [amending this section and section 8331, 8335, 8415, 8422, 8425, 8452, and 8468 of this title] and the
Amendments
made by this section—“(A) shall take effect on the 60th day after the date of enactment of this Act [Dec. 12, 2003]; and “(B) shall apply with respect to—“(i) any annuity entitlement to which is based on an individual’s separation from service occurring on or after the
Effective Date
of this section; and “(ii) any service performed by any such individual before, on, or after the
Effective Date
of this section, subject to paragraph (2). “(2) Special rule.—“(A) Deposit requirement.—For purposes of determining eligibility for immediate retirement under section 8412(e) of title 5, United States Code, the amendment made by subsection (a)(2) [amending this section] shall, with respect to any service described in subparagraph (B), be disregarded unless there is deposited into the Civil Service Retirement and Disability Fund, with respect to such service, in such time, form, and manner as the Office of Personnel Management by regulation requires, an amount equal to the amount by which—“(i) the deductions from pay which would have been required for such service if the
Amendments
made by subsection (a)(2) had been in effect when such service was performed, exceeds “(ii) the unrefunded deductions or deposits actually made under subchapter II of chapter 84 of such title with respect to such service. An amount under this subparagraph shall include interest, computed under paragraphs (2) and (3) of section 8334(e) of such title 5. “(B) Prior service described.—This paragraph applies with respect to any service performed by an individual before the
Effective Date
of this section as an employee described in section 8401(35)(B) of title 5, United States Code (as amended by subsection (a)(2)).”
Effective Date
of 1998 AmendmentAmendment by Pub. L. 105–261 effective at the beginning of the first pay period that begins after Oct. 17, 1998, and applicable only to an individual who is employed as a nuclear materials courier, as defined by section 8331(27) or 8401(33) of this title, after Oct. 17, 1998, see section 3154(m), (n) of Pub. L. 105–261, set out as a note under section 8331 of this title.
Effective Date
of 1996 AmendmentAmendment by Pub. L. 104–208 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 101(f) [title VI, § 659 [title II, § 207]] of Pub. L. 104–208, set out as a note under section 5545a of this title.
Effective Date
of 1994
Amendments
Amendment by Pub. L. 103–353 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 Pub. L. 103–353, set out as an
Effective Date
note under section 4301 of Title 38, Veterans’ Benefits. 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.
Effective Date
of 1990
Amendments
Amendment by Pub. L. 101–508 applicable with respect to any individual who, on or after Jan. 1, 1987, moves from employment in nonappropriated fund instrumentality of Department of Defense or Coast Guard, that is described in section 2105(c) of this title, to employment in Department or Coast Guard, that is not described in section 2105(c), or who moves from employment in Department or Coast Guard, that is not described in section 2105(c), to employment in nonappropriated fund instrumentality of Department or Coast Guard, that is described in section 2105(c), see section 7202(m)(1) of Pub. L. 101–508, set out as a note under section 2105 of this title. Amendment by Pub. L. 101–335 effective as of second election period described in section 8432(b) 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 Pub. L. 101–335, set out as a note under section 8351 of this title.
Effective Date
of 1988 AmendmentAmendment by section 103(a)(2), (c), and (d)(2) of Pub. L. 100–238, effective Jan. 1, 1987, see section 103(f) of Pub. L. 100–238, set out as a note under section 3307 of this title. Pub. L. 100–238, title I, § 113(b)(2), Jan. 8, 1988, 101 Stat. 1751, provided that: “The
Amendments
made by paragraph (1) [amending this section] shall be effective as of January 1, 1987. Any refund which becomes payable as a result of the preceding sentence shall, to the extent that such refund involves an individual’s contributions to the Thrift Savings Fund (established under section 8437 of title 5, United States Code), be adjusted to reflect any earnings attributable thereto.”
Effective Date
Pub. L. 99–335, title VII, § 702(a), (b), June 6, 1986, 100 Stat. 631, provided that: “(a) In General.—Except as provided in subsection (b), this Act and the
Amendments
made by this Act [see
Short Title
note below] shall take effect on
January 1, 1987. “(b) Exceptions.—(1) Subchapter VII of chapter 84 of title 5, United States Code, as added by section 101 of this Act, shall take effect on the date of the enactment of this Act [
June 6, 1986]. “(2) Except as provided in section 305 of this Act [enacting and amending provisions set out as notes under section 8331 of this title], title III of this Act, and the
Amendments
made by such title [amending section 3121 and 6103 of Title 26, Internal Revenue Code, section 1005 of Title 39, Postal Service, and section 410 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section and section 8331, 8432, and 8472 of this title and section 6103 of Title 26, and amending provisions set out as a note under section 8331 of this title], shall take effect on the date of the enactment of this Act. “(3) The
Amendments
made by section 204 and 205 of this Act [enacting section 8343a and 8350 of this title and amending section 8342 of this title] shall take effect on the date of the enactment of this Act. “(4) section 701 of this Act [enacting provisions set out as a note under section 8472 of this title] shall take effect on the date of the enactment of this Act. “(5) section 505 [amending provisions formerly set out as a note under section 403 of Title 50, War and National Defense] and 601 of this Act and the
Amendments
made by such section 601 [not classified to the Code] shall take effect on the date of the enactment of this Act.” Reference to a specific date in section 702(a) of Pub. L. 99–335, set out above, for certain purposes, deemed to be a reference to the first day of the first pay period beginning after such date, or to the day before such day, as appropriate, see section 505 of Pub. L. 99–556, set out as a Coordination With Pay Periods note under section 8331 of this title.
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of 1999 Amendment Pub. L. 106–168, title II, § 201, Dec. 12, 1999, 113 Stat. 1817, provided that: “This title [enacting section 8431 of this title, amending section 8351, 8402, and 8411 of this title, and enacting provisions set out as notes under section 8402 and 8431 of this title] may be cited as the ‘Federal Reserve Board Retirement Portability Act’.”
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of 1998 Amendment Pub. L. 105–274, § 1, Oct. 21, 1998, 112 Stat. 2419, provided that: “This Act [amending section 8402 of this title and enacting provisions set out as a note under section 8402 of this title] may be cited as the ‘District of Columbia Courts and Justice Technical Corrections Act of 1998’.”
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of 1996 Amendment Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 659 [title I, § 101]], Sept. 30, 1996, 110 Stat. 3009–314, 3009–372, provided that: “This title [title I (§§ 101–104) of section 659 of section 101(f) of Pub. L. 104–208, amending section 8438 and 8439 of this title and enacting provisions set out as a note under section 8438 of this title] may be cited as the ‘Thrift Savings Investment Funds Act of 1996’.” Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 659 [title I, § 201]], Sept. 30, 1996, 110 Stat. 3009–314, 3009–374, provided that: “This title [title II (§§ 201–207) of section 659 of section 101(f) of Pub. L. 104–208, amending this section and section 5545a, 8351, 8433, 8435, and 8440a to 8440c of this title, repealing section 8431 of this title, enacting provisions set out as notes under section 5545a and 8433 of this title, and amending provisions set out as a note under section 5343 of this title] may be cited as the ‘Thrift Savings Plan Act of 1996’.”
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of 1990 Amendment Pub. L. 101–335, § 1, July 17, 1990, 104 Stat. 319, provided that: “This Act [enacting section 8432a of this title, amending this section and section 3392, 8351, 8433 to 8435, 8438, 8440a, 8440b, and 8477 of this title, renumbering former section 8440a of this title as section 8440b, enacting provisions set out as notes under section 3392, 8351, 8432a, 8433, 8434, and 8438 of this title, and amending provisions set out as a note under section 8477 of this title] may be cited as the ‘Thrift Savings Plan Technical
Amendments
Act of 1990’.”
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of 1987 Amendment Pub. L. 100–43, § 1, May 22, 1987, 101 Stat. 315, provided: “That this Act [amending section 8438 of this title] may be cited as the ‘Thrift Savings Fund Investment Act of 1987’.”
Short Title
of 1986 Amendment Pub. L. 99–556, § 1, Oct. 27, 1986, 100 Stat. 3131, provided that: “This Act [enacting section 8478a of this title and section 4069 of Title 22, Foreign Relations and Intercourse, amending this section and section 6301, 8332, 8350, 8402, 8411 to 8413, 8415, 8421a, 8442, 8443, 8452, 8457, 8461, 8462, 8477, 8478, and 8901 of this title and section 4046, 4064, 4071c, 4071d, and 4071j of Title 22, enacting provisions set out as notes under section 6301, 8331, 8332, 8335, 8341, 8477, and 8478 of this title and section 4046 of Title 22, and amending provisions set out as notes under section 8331 and 8341 of this title] may be cited as the ‘Federal Employees’ Retirement System Technical Corrections Act of 1986’.”
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Pub. L. 99–335, title I, § 100(a), June 6, 1986, 100 Stat. 514, provided that: “This Act [enacting this chapter, section 8343a, 8349, 8350, and 8351 of this title, and section 4068 and 4071 to 4071k of Title 22, Foreign Relations and Intercourse, amending section 2105, 2109, 5102, 5314, 6301, 6303, 8116, 8331, 8332, 8334, 8342, 8347, 8348, 8701, 8706, 8714, 8714b, 8714c, 8901, and 8905 of this title, section 1605 of Title 10, Armed Forces, sections 4041 to 4049, 4054 to 4056, 4058, 4060, 4061, 4063, 4064, 4066, and 4067 of Title 22, section 3121 and 6103 of Title 26, Internal Revenue Code, section 1005 of Title 39, Postal Service, and section 410 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section and section 8331, 8351, 8432, and 8472 of this title, section 3901 and 4046 of Title 22, and section 6103 of Title 26, and amending provisions set out as notes under section 8331 of this title and section 402 and 403 of Title 50, War and National Defense] may be cited as the ‘Federal Employees’ Retirement System Act of 1986’.”
Regulations
to carry out amendment by Pub. L. 116–126 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.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Election Pub. L. 108–83, title I, § 104(b), Sept. 30, 2003, 117 Stat. 1018, provided that: “(1) During the 60-day period which begins on the date of the enactment of the Legislative Branch Appropriations Act, 2004 [Sept. 30, 2003], any individual who, as of such date, is serving as a Member of the House of Representatives and on such date is not subject to chapter 84 of title 5, United States Code, may elect to become subject to such chapter. “(2) Any election under this paragraph shall be carried out in accordance with such procedures as the Office of Personnel Management may provide. “(3) In this subsection, the term ‘Member of the House of Representatives’ includes a Delegate or Resident Commissioner to the Congress.” Service as Law
Enforcement
Officer Pub. L. 104–52, title VI, § 640, Nov. 19, 1995, 109 Stat. 513, as amended by Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 629(a)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–362, provided that: “Hereafter, service performed during the period
January 1, 1984, through
December 31, 1986, which would, if performed after that period, be considered service as a law
Enforcement
officer, as defined in section 8401(17)(A)(i)(II) and (B) of title 5, United States Code, shall be deemed service as a law
Enforcement
officer for the purposes of chapter 84 of such title.” [Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 629(b)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–362, provided that: “The amendment made by subsection (a) [amending section 640 of Pub. L. 104–52, set out above] shall take effect as if included in Public Law 104–52 on the date of its enactment [Nov. 19, 1995].” ] Congressional Declaration of Purpose Pub. L. 99–335, title I, § 100A, June 6, 1986, 100 Stat. 516, provided that: “The purposes of this Act [see
Short Title
note above] are— “(1) to establish a Federal employees’ retirement plan which is coordinated with title II of the Social Security Act [42 U.S.C. 401 et seq.]; “(2) to ensure a fully funded and financially sound retirement benefits plan for Federal employees; “(3) to enhance portability of retirement assets earned as an employee of the Federal Government; “(4) to provide options for Federal employees with respect to retirement planning; “(5) to assist in building a quality career work force in the Federal Government; “(6) to encourage Federal employees to increase personal savings for retirement; and “(7) to extend financial protection from disability to additional Federal employees and to increase such protection for eligible Federal employees.” Use of Normal-Cost Percentage Pub. L. 99–335, title III, § 307,
June 6, 1986, 100 Stat. 607, as amended by Pub. L. 100–366, § 1,
July 13, 1988, 102 Stat. 826, provided that: “Notwithstanding any other provision of law, the normal-cost percentage (as defined by section 8401(23) of title 5, United States Code, as added by this Act) of the Federal Employees’ Retirement System shall be used to value the cost of such System to the Civil Service Retirement and Disability Fund for all purposes in which the cost of the System is required to be determined by the Federal Government. For any comparisons between the cost of performing commercial activities under the contract with commercial sources and the cost of performing such activities using Government facilities and personnel, the cost of the System shall include the cost of such System to the Civil Service Retirement and Disability Fund as specified in the preceding sentence, the cost of the thrift savings plan under subchapter III of chapter 84 of title 5, United States Code, and the cost of social security.” First Cost-of-Living Adjustment Pub. L. 99–335, title VII, § 702(c),
June 6, 1986, 100 Stat. 631, provided that: “(1) For purposes of the first adjustment under subsection (b) of section 8462 of title 5, United States Code (as added by section 101 of this Act), the base quarter ending on
September 30, 1986, shall be considered to have been the base quarter for a year in which an adjustment under such subsection was made. “(2) As used in paragraph (1), the term ‘base quarter’ has the meaning provided by section 8462(a)(1) of title 5, United States Code (as added by section 101 of this Act).”
Reference
Citations & Metadata
Citation
5 U.S.C. § 8401
Title 5 — Government Organization and Employees
Last Updated
Apr 6, 2026
Release point: 119-73