Text: H.R.208 — 106th Congress (1999-2000)All Information (Except Text)

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Public Law No: 106-361 (10/27/2000)

 
[106th Congress Public Law 361]
[From the U.S. Government Printing Office]


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[DOCID: f:publ361.106]


[[Page 114 STAT. 1400]]

Public Law 106-361
106th Congress

                                 An Act


 
 To amend title 5, United States Code, to allow for the contribution of 
 certain rollover distributions to accounts in the Thrift Savings Plan, 
   to <<NOTE: Oct. 27, 2000 -  [H.R. 208]>> eliminate certain waiting-
 period requirements for participating in the Thrift Savings Plan, and 
                           for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ELIGIBLE ROLLOVER DISTRIBUTIONS.

    (a) In General.--Section 8432 of title 5, United States Code, is 
amended by adding at the end the following:
    ``( j)(1) For the purpose of this subsection--
            ``(A) the term `eligible rollover distribution' has the 
        meaning given such term by section 402(c)(4) of the Internal 
        Revenue Code of 1986; and
            ``(B) the term `qualified trust' has the meaning given such 
        term by section 402(c)(8) of the Internal Revenue Code of 1986.

    ``(2) An employee or Member may contribute to the Thrift Savings 
Fund an eligible rollover that a qualified trust could accept under the 
Internal Revenue Code of 1986. A contribution made under this subsection 
shall be made in the form described in section 401(a)(31) of the 
Internal Revenue Code of 1986. In the case of an eligible rollover 
distribution, the maximum amount transferred to the Thrift Savings Fund 
shall not exceed the amount which would otherwise have been included in 
the employee's or Member's gross income for Federal income tax purposes.
    ``(3) <<NOTE: Regulations.>> The Executive Director shall prescribe 
regulations to carry out this subsection.''.

    (b) Effective <<NOTE: 5 USC 8432 note.>> Date.--The amendment made 
by this section shall take effect at the earliest practicable date after 
September 30, 2000, as determined by the Executive Director in 
regulations.

SEC. 2. IMMEDIATE PARTICIPATION IN THE THRIFT SAVINGS PLAN.

    (a) Elimination of Certain Waiting Periods for Purposes of Employee 
Contributions.--Paragraph (4) of section 8432(b) of title 5, United 
States Code, is amended to read as follows:
    ``(4) The Executive Director shall prescribe such regulations as may 
be necessary to carry out the following:
            ``(A) Notwithstanding subparagraph (A) of paragraph (2), an 
        employee or Member described in such subparagraph shall be 
        afforded a reasonable opportunity to first make an election 
        under this subsection beginning on the date of commencing 
        service or, if that is not administratively feasible, beginning 
        on the earliest date thereafter that such an election becomes

[[Page 114 STAT. 1401]]

        administratively feasible, as determined by the Executive 
        Director.
            ``(B) An employee or Member described in subparagraph (B) of 
        paragraph (2) shall be afforded a reasonable opportunity to 
        first make an election under this subsection (based on the 
        appointment or election described in such subparagraph) 
        beginning on the date of commencing service pursuant to such 
        appointment or election or, if that is not administratively 
        feasible, beginning on the earliest date thereafter that such an 
        election becomes administratively feasible, as determined by the 
        Executive Director.
            ``(C) Notwithstanding the preceding provisions of this 
        paragraph, contributions under paragraphs (1) and (2) of 
        subsection (c) shall not be payable with respect to any pay 
        period before the earliest pay period for which such 
        contributions would otherwise be allowable under this subsection 
        if this paragraph had not been enacted.
            ``(D) Sections 8351(a)(2), 8440a(a)(2), 8440b(a)(2), 
        8440c(a)(2), and 8440d(a)(2) shall be applied in a manner 
        consistent with the purposes of subparagraphs (A) and (B), to 
        the extent those subparagraphs can be applied with respect 
        thereto.
            ``(E) Nothing in this paragraph shall affect paragraph 
        (3).''.

    (b) Technical and Conforming Amendments.--(1) Section 8432(a) of 
title 5, United States Code, is amended--
            (A) in the first sentence by striking ``(b)(1)'' and 
        inserting ``(b)''; and
            (B) by amending the second sentence to read as follows: 
        ``Contributions under this subsection pursuant to such an 
        election shall, with respect to each pay period for which such 
        election remains in effect, be made in accordance with a program 
        of regular contributions provided in regulations prescribed by 
        the Executive Director.''.

    (2) Section 8432(b)(1)(B) of title 5, United States Code, is amended 
by inserting ``(or any election allowable by virtue of paragraph (4))'' 
after ``subparagraph (A)''.
    (3) Section 8432(b)(3) of title 5, United States Code, is amended by 
striking ``Notwithstanding paragraph (2)(A), an'' and inserting ``An''.
    (4) Section 8439(a)(1) of title 5, United States Code, is amended by 
inserting ``who makes contributions or'' after ``for each individual'' 
and by striking ``section 8432(c)(1)'' and inserting ``section 8432''.
    (5) Section 8439(c)(2) of title 5, United States Code, is amended by 
adding at the end the following: ``Nothing in this paragraph shall be 
considered to limit the dissemination of information only to the times 
required under the preceding sentence.''.
    (6) Sections 8440a(a)(2) and 8440d(a)(2) of title 5, United States 
Code, are amended by striking all after ``subject to'' and inserting 
``this chapter.''.
    (c) Effective <<NOTE: 5 USC 8432 note.>> Date.--
            (1) In general.--The amendments made by this section shall 
        take effect at the earliest practicable date after September 30, 
        2000, as determined by the Executive Director in regulations.
            (2) Savings provision.--Notwithstanding any other provision 
        of this section, until the amendments made by this section

[[Page 114 STAT. 1402]]

        take effect, title 5, United States Code, shall be applied as if 
        this section had not been enacted.

SEC. 3. COURT ORDERS AFFECTING REFUNDS.

    (a) Civil Service Retirement System.--Section 8342( j)(1) of title 
5, United States Code, is amended to read as follows:
    ``( j)(1)(A) Payment of the lump-sum credit under subsection (a) may 
be made only if the spouse, if any, and any former spouse of the 
employee or Member are notified of the employee or Member's application.
    ``(B) The Office shall prescribe <<NOTE: Regulations.>> regulations 
under which the lump-sum credit shall not be paid without the consent of 
a spouse or former spouse of the employee or Member where the Office has 
received such additional information and documentation as the Office may 
require that--
            ``(i) a court order bars payment of the lump-sum credit in 
        order to preserve the court's ability to award an annuity under 
        section 8341(h) or section 8345( j); or
            ``(ii) payment of the lump-sum credit would extinguish the 
        entitlement of the spouse or former spouse, under a court order 
        on file with the Office, to a survivor annuity under section 
        8341(h) or to any portion of an annuity under section 8345( 
        j).''.

    (b) Federal Employees Retirement System.--Section 8424(b)(1) of 
title 5, United States Code, is amended to read as follows:
    ``(b)(1)(A) Payment of the lump-sum credit under subsection (a) may 
be made only if the spouse, if any, and any former spouse of the 
employee or Member are notified of the employee or Member's application.
    ``(B) The Office shall prescribe <<NOTE: Regulations.>> regulations 
under which the lump-sum credit shall not be paid without the consent of 
a spouse or former spouse of the employee or Member where the Office has 
received such additional information or documentation as the Office may 
require that--
            ``(i) a court order bars payment of the lump-sum credit in 
        order to preserve the court's ability to award an annuity under 
        section 8445 or 8467; or
            ``(ii) payment of the lump-sum credit would extinguish the 
        entitlement of the spouse or former spouse, under a court order 
        on file with the Office, to a survivor annuity under


[[Page 114 STAT. 1403]]

        section 8445 or to any portion of an annuity under section 
        8467.''.

    Approved October 27, 2000.

LEGISLATIVE HISTORY--H.R. 208:
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HOUSE REPORTS: No. 106-87 (Comm. on Government Reform).
SENATE REPORTS: No. 106-343 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD:
                                                        Vol. 145 (1999):
                                    Apr. 20, considered and passed 
                                        House.
                                                        Vol. 146 (2000):
                                    July 21, considered and passed 
                                        Senate, amended.
                                    Oct. 10, House concurred in Senate 
                                        amendments.

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