5 U.S.C. § 8432c: Contributions of certain…

Summary

People who left certain federal jobs to work for an international organization, kept their federal retirement coverage while gone and paid the required deductions, and then returned to a covered federal job can add extra money to their Thrift Savings Fund (TSP). The extra amount they may put in equals what they would have contributed while away if they had stayed in their federal job, minus any contributions they actually made while working for the international group. Those extra contributions must be made the same way as regular contributions, over the time period the person chooses, and on top of any current contributions. If the person’s employment would have included agency contributions, the agency must put those in the TSP the same way it does for similar employees. For calculating limits, the person is treated as if they had been paid at the same rate they had before leaving. The Executive Director will issue forms and rules to carry this out.

Title 5, §8432c

Government Organization and Employees, Source: USLM XML via OLRC

(a)In this section, the term “covered person” means any person who—

(1)transfers from a position of employment covered by chapter 83 or 84 or subchapter I or II of chapter 8 of the Foreign Service Act of 1980 to a position of employment with an international organization pursuant to section 3582;

(2)pursuant to section 3582 elects to retain coverage, rights, and benefits under any system established by law for the retirement of persons during the period of employment with the international organization and currently deposits the necessary deductions in payment for such coverage, rights, and benefits in the system’s fund; and

(3)is reemployed pursuant to section 3582(b) to a position covered by chapter 83 or 84 or subchapter I or II of chapter 8 1 of the Foreign Service Act of 1980 after separation from the international organization.

(b)(1)Each covered person may contribute to the Thrift Savings Fund, in accordance with this subsection, an amount not to exceed the amount described in paragraph (2).

(2)The maximum amount which a covered person may contribute under paragraph (1) is equal to—

(A)the total amount of all contributions under section 8351(b)(2) or 8432(a), as applicable, which the person would have made over the period beginning on the date of transfer of the person (as described in subsection (a)(1)) and ending on the day before the date of reemployment of the person (as described in subsection (a)(3)), minus

(B)the total amount of all contributions, if any, under section 8351(b)(2) or 8432(a), as applicable, actually made by the person over the period described in subparagraph (A).

(3)Contributions under paragraph (1)—

(A)shall be made at the same time and in the same manner as would any contributions under section 8351(b)(2) or 8432(a), as applicable;

(B)shall be made over the period of time specified by the person under paragraph (4)(B); and

(C)shall be in addition to any contributions actually being made by the person during that period under section 8351(b)(2) or 8432(a), as applicable.

(4)The Executive Director shall prescribe the time, form, and manner in which a covered person may specify—

(A)the total amount the person wishes to contribute with respect to any period described in paragraph (2)(A); and

(B)the period of time over which the covered person wishes to make contributions under this subsection.

(c)If a covered person who makes contributions under section 8432(a) makes contributions under subsection (b), the agency employing the person shall make those contributions to the Thrift Savings Fund on the person’s behalf in the same manner as contributions are made for an employee described in section 8432b(a) under section 8432b(c), 8432b(d), and 8432b(f). Amounts paid under this subsection shall be paid in the same manner as amounts are paid under section 8432b(g).

(d)For purposes of any computation under this section, a covered person shall, with respect to the period described in subsection (b)(2)(A), be considered to have been paid at the rate which would have been payable over such period had the person remained continuously employed in the position that the person last held before transferring to the international organization.

(e)For purposes of section 8432(g), a covered person shall be credited with a period of civilian service equal to the period beginning on the date of transfer of the person (as described in subsection (a)(1)) and ending on the day before the date of reemployment of the person (as described in subsection (a)(3)).

(f)The Executive Director shall prescribe regulations to carry out this section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Foreign Service Act of 1980, referred to in subsec. (a)(1), (3), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071. Subchapters I and II of chapter 8 of the Act probably mean subchapters I and II of chapter 8 of title I of the Act which are classified generally to parts I (§ 4041 et seq.) and II (§ 4071 et seq.), respectively, of subchapter VIII of chapter 52 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see

Short Title

note set out under section 3901 of Title 22 and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 334(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A–441, provided that: “The amendment made by subsection (a) [enacting this section] shall apply to persons reemployed on or after the date of enactment of this Act [Nov. 29, 1999].”

§8432c Contributions of Certain Persons Reemployed After Service with International Organizations