§8432a — Title 5 Government Organization and Employees | U.S. Code

Summary

The Executive Director must make rules so an agency pays the Thrift Savings Fund for earnings lost because the agency made a mistake in handling TSP accounts. If the mistake was failing to take contributions out of a worker’s pay, the rules cannot require payment for lost earnings that come from those missed employee contributions or from any employer contributions the agency is not required to make up. The rules must explain how to compute lost earnings and how to credit the right accounts. They can allow exceptions when fixes are not practical, can make agencies repay TSP’s costs for fixing errors, and can include other needed procedures. Payments must come from the agency’s salary funds. For some House employees paid by the Chief Administrative Officer, the House accounts may be used.

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.

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].”

§8432a Payment of Lost Earnings

Summary

Title 5, §8432a

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata