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Calendar No. 682
106th CONGRESS
2d Session
H. R. 208
[Report No. 106-343]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 21, 1999
Received; read twice and referred to the Committee on Governmental
Affairs
July 13, 2000
Reported by Mr. Thompson, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
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 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 distribution <DELETED>from a qualified trust.</DELETED>
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) The Executive Director shall prescribe regulations to carry
out this subsection.''.
<DELETED> (b) Effective Date.--The amendment made by this section
shall take effect on October 1, 2000, or such earlier date as the
Executive Director (as defined by section 8401 of title 5, United
States Code) may by regulation prescribe, but not before September 1,
2000.</DELETED>
(b) Effective 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
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 Date.--
<DELETED> (1) In general.--The amendments made by this
section shall take effect on October 1, 2000, or such earlier
date as the Executive Director (as defined by section 8401 of
title 5, United States Code) may by regulation prescribe, but
not before September 1, 2000.</DELETED>
(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 take
effect, title 5, United States Code, shall be applied as if
this section had not been enacted.
<DELETED>SEC. 3. ADDITIONAL GOVERNMENT CONTRIBUTIONS FOR
RETIREMENT.</DELETED>
<DELETED> (a) Federal Employees' Retirement System.--Section 8423(a)
of title 5, United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED> ``(5) Notwithstanding any other provision of this chapter,
effective with respect to contributions for pay periods beginning on or
after October 1, 2000, the normal-cost percentage used for purposes of
any computation under this subsection shall be equal to--</DELETED>
<DELETED> ``(A) the percentage that would otherwise apply if
this paragraph had not been enacted, plus</DELETED>
<DELETED> ``(B) .01 of 1 percentage point.''.</DELETED>
<DELETED> (b) Supplemental Liability.--For purposes of applying
section 8423(b) of title 5, United States Code, and section 857(b) of
the Foreign Service Act of 1980 (22 U.S.C. 4071f(b)), all amounts shall
be determined as if this section had never been enacted.</DELETED>
<DELETED> (c) Limitation on Source of Additional Contributions.--
Notwithstanding section 8423(a)(3) of title 5, United States Code, or
any other provision of law, the additional Government contributions
required to be made by reason of the amendment made by subsection (a)
shall be made out of any amounts available to the employing agency
involved, other than any appropriation, fund, or other amounts
available for the payment of employee salaries or benefits.</DELETED>
<DELETED> (d) Conforming Amendment.--Section 307 of the Federal
Employees' Retirement System Act of 1986 (Public Law 99-335; 5 U.S.C.
8401 note) is amended by inserting ``, including the additional amount
required under section 8423(a)(5)(B) of such title 5,'' after ``Federal
Employees' Retirement System''.</DELETED>
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 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 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 section
8445 or to any portion of an annuity under section 8467.''.
Passed the House of Representatives April 20, 1999.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 682
106th CONGRESS
2d Session
H. R. 208
[Report No. 106-343]
_______________________________________________________________________
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 eliminate certain waiting-period requirements for participating in
the Thrift Savings Plan, and for other purposes.
_______________________________________________________________________
July 13, 2000
Reported with amendments
Pages: 1 Other Popular 106th Congressional Bills Documents:
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