Title 5Government Organization and EmployeesRelease 119-73

§8432a Payment of lost earnings

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 › § 8432a

Last updated Apr 6, 2026|Official source

Summary

The Executive Director must write rules that make an employing agency pay the Thrift Savings Fund for lost earnings when the agency makes mistakes (including leaving something out) in handling TSP accounts. If the mistake was the agency’s failure to take contributions from a person’s basic pay as required by section 8432(a), the rules cannot require payment of lost earnings tied to the missed contributions or to any related contributions under section 8432(c)(2) that the agency is not required to replace. The rules must explain how to figure lost earnings and how to credit the money to the right accounts. The rules may allow exceptions if fixing an error is not practical, may require the agency to repay fund costs for fixing errors, and may include other needed details. Any payment must come from the agency’s salary funds. If a legislative-branch participant is paid by the Chief Administrative Officer of the House of Representatives, that officer may use House accounts to make the payment.

Full Legal Text

Title 5, §8432a

Government Organization and Employees — Source: USLM XML via OLRC

(a)(1)The Executive Director shall prescribe regulations under which an employing agency shall be required to pay to the Thrift Savings Fund amounts representing lost earnings resulting from errors (including errors of omission) made by such agency in carrying out this subchapter, subject to paragraph (2).
(2)If the error involves an employing agency’s failure to deduct from basic pay contributions (in whole or in part) on behalf of an individual in accordance with section 8432(a), the regulations shall not provide for the payment of any lost earnings which would be attributable to—
(A)the contributions that the agency failed to deduct from basic pay in accordance with section 8432(a); or
(B)any related contributions under section 8432(c)(2) that the employing agency is not required (by statute or otherwise) to make up.
(b)The regulations—
(1)shall include—
(A)procedures for computing lost earnings; and
(B)procedures under which amounts paid to the Thrift Savings Fund under this section shall be credited to appropriate accounts;
(2)may provide for exceptions from the requirements of this section to the extent that correction of an error is not administratively feasible;
(3)may require an employing agency to reimburse the Thrift Savings Fund for costs incurred by the Thrift Savings Fund in implementing corrections of employing agency errors under this section; and
(4)may include such other provisions as the Executive Director determines appropriate to carry out this section.
(c)Any amounts required to be paid by an employing agency under this section shall be paid from the appropriation or fund available to the employing agency for payment of salaries of the participant’s office or establishment. If a participant in the legislative branch is paid by the Chief Administrative Officer of the House of Representatives, the Chief Administrative Officer may pay from the applicable accounts of the House of Representatives the amount required to be paid to correct errors relating to the Thrift Savings Fund that otherwise would be paid from the appropriation or fund used to pay the participant.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (c). Pub. L. 104–186 substituted “Chief Administrative Officer of the House of Representatives, the Chief Administrative Officer may pay from the applicable accounts” for “Clerk of the House of Representatives, the Clerk may pay from the contingent fund”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 101–335, § 2(b), July 17, 1990, 104 Stat. 320, provided that: “The

Amendments

made by this section [enacting this section] shall apply with respect to lost earnings attributable to errors made before, on, or after the date of enactment of this Act [July 17, 1990].”

Reference

Citations & Metadata

Citation

5 U.S.C. § 8432a

Title 5Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73