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Title 37 — Pay and Allowances of the Uniformed ServicesRelease 119-83

§211 Participation in Thrift Savings Plan

Title 37 › Chapter 3— BASIC PAY › § 211

Last updated Apr 18, 2026|Official source

Summary

Lets members of the uniformed services take part in the Thrift Savings Plan under section 8440e of title 5. A "member" means someone on active duty or someone in the Ready Reserve or the Space Force who is getting pay. For certain federal retirement rules, being released from active duty or being moved to inactive or retired status counts as a separation from Government employment for members in the TSP under section 8440e. A release counts as a separation if, during the 31-day period that starts the day after the release, the member does not return to active duty or get appointed to a job covered by chapter 83 or 84 of title 5 (or an equivalent retirement system the Executive Director defines in regulations). If a member takes a loan from their TSP account under section 8433(g) of title 5, the loan may need to be repaid on the same semi-monthly schedule used for TSP contributions under section 1014(c) of this title.

Full Legal Text

Title 37, §211

Pay and Allowances of the Uniformed Services — Source: USLM XML via OLRC

(a)In this section, the term “member” means—
(1)a member of the uniformed services serving on active duty; and
(2)a member of the Ready Reserve or the Space Force in any pay status.
(b)Any member may participate in the Thrift Savings Plan in accordance with section 8440e of title 5.
(c)For purposes of subchapters III and VII of chapter 84 of title 5, each of the following actions shall, in the case of a member participating in the Thrift Savings Plan in accordance with section 8440e of such title, be considered a separation from Government employment:
(1)Release of the member from active duty, not followed, before the end of the 31-day period beginning on the day following the effective date of the release, by—
(A)a resumption of active duty; or
(B)an appointment to a position covered by chapter 83 or 84 of title 5 or an equivalent retirement system, as identified by the Executive Director (appointed by the Federal Retirement Thrift Investment Board) in regulations.
(2)Transfer of the member to inactive status, or to a retired list pursuant to any provision of title 10.
(d)If a loan is issued to a member under section 8433(g) of title 5 from funds in the member’s account in the Thrift Savings Plan, repayment of the loan may be required on the same semi-monthly basis as authorized for contributions to the Thrift Savings Fund on behalf of the member under section 1014(c) of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Subsec. (a)(2). Pub. L. 119–60 inserted “or the Space Force” after “member of the Ready Reserve”. 2015—Subsecs. (d), (e). Pub. L. 114–92 redesignated subsec. (e) as (d) and struck out former subsec. (d) which related to agency contributions for retention in critical specialties and first-time enlistees. 2008—Subsec. (e). Pub. L. 110–181 added subsec. (e). 2006—Subsec. (d). Pub. L. 109–163, § 605(b), inserted “and First-Time Enlistees” after “Specialties” in heading. Subsec. (d)(1). Pub. L. 109–163, § 605(a)(1), designated existing provisions of subpar. (A) as cl. (i), redesignated former subpar. (B) as cl. (ii) of subpar. (A) and substituted “; or” for period at end, and added a new subpar. (B). Subsec. (d)(2) to (4). Pub. L. 109–163, § 605(a)(2)–(4), substituted “member under paragraph (1)(A)” for “member under paragraph (1)” in first sentence of par. (2), added par. (3), designated second sentence of par. (2) as (4), and in par. (4) substituted “this subsection” for “this paragraph”. 1999—Subsec. (d). Pub. L. 106–65, § 662, added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 Amendment; ImplementationAmendment by Pub. L. 114–92 effective Jan. 1, 2018, with certain implementation requirements, see section 635 of Pub. L. 114–92, set out as a note under section 8432 of Title 5, Government Organization and Employees.

Effective Date

Section and amendment by Pub. L. 106–65 effective 180 days after Oct. 30, 2000, unless postponed, see section 663 of Pub. L. 106–65, as amended, set out as a note under section 8440e of Title 5, Government Organization and Employees. Pilot Program on Contributions to Thrift Savings Plan for Initial Enlistees in the Army Pub. L. 109–163, div. A, title VI, § 606, Jan. 6, 2006, 119 Stat. 3287, as amended by Pub. L. 109–364, div. A, title VI, § 608, title X, § 1071(e)(3), Oct. 17, 2006, 120 Stat. 2247, 2401, provided for a pilot program on contributions to the Thrift Savings Plan for initial enlistees in the Army to be carried out between Jan. 6, 2006, and Dec. 31, 2008.

Reference

Citations & Metadata

Citation

37 U.S.C. § 211

Title 37 — Pay and Allowances of the Uniformed Services

Last Updated

Apr 18, 2026

Release point: 119-83