Title 5 — Government Organization and EmployeesRelease 119-73
§8431 Certain transfers to be treated as a separation
Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart G— - Insurance and Annuities › Chapter CHAPTER 84— - FEDERAL EMPLOYEES’ RETIREMENT SYSTEM › Subchapter SUBCHAPTER III— - THRIFT SAVINGS PLAN › § 8431
Summary
Moving from a job covered by one of three retirement systems — this chapter’s system, subchapter III of chapter 83, or any system that withholds pay for the Thrift Savings Fund (TSP) — to a job with none counts as a separation.
Full Legal Text
Title 5, §8431
Government Organization and Employees — Source: USLM XML via OLRC
(a)For purposes of this subchapter, separation from Government employment includes a transfer from a position that is subject to one of the retirement systems described in subsection (b) to a position that is not subject to any of them.
(b)The retirement systems described in this subsection are—
(1)the retirement system under this chapter;
(2)the retirement system under subchapter III of chapter 83; and
(3)any other retirement system under which individuals may contribute to the Thrift Savings Fund through withholdings from pay.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
A prior section 8431, added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 541; amended Pub. L. 101–509, title V, § 529 [title I, § 101(b)(6)(B)], Nov. 5, 1990, 104 Stat. 1427, 1440, provided a definition of “basic pay” for this subchapter, prior to repeal by Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 659 [title II, §§ 206(a)(2), 207]], Sept. 30, 1996, 110 Stat. 3009–314, 3009–372, 3009–378, effective Sept. 30, 1996.
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 106–168, title II, § 203(c), Dec. 12, 1999, 113 Stat. 1820, provided that: “The
Amendments
made by this section [enacting this section and amending section 8351 of this title] shall apply with respect to transfers occurring before, on, or after the date of the enactment of this Act [Dec. 12, 1999], except that, for purposes of applying such
Amendments
with respect to any transfer occurring before such date of enactment, the date of such transfer shall be considered to be the date of the enactment of this Act. The Executive Director (within the meaning of section 8401(13) of title 5, United States Code) may prescribe any
Regulations
necessary to carry out this subsection.”
Reference
Citations & Metadata
Citation
5 U.S.C. § 8431
Title 5 — Government Organization and Employees
Last Updated
Apr 6, 2026
Release point: 119-73