US Code

Public Law 119-73 (01/23/2026)

5 U.S.C. § 8401

Definitions

For the purpose of this chapter—
(1)
section 8439(a) of this title the term “account” means an account established and maintained under ;
(2)
the term “annuitant” means a former employee or Member who, on the basis of that individual’s service, meets all requirements for title to an annuity under subchapter II or V of this chapter and files claim therefor;
(3)
the term “average pay” means the largest annual rate resulting from averaging an employee’s or Member’s rates of basic pay in effect over any 3 consecutive years of service or, in the case of an annuity under this chapter based on service of less than 3 years, over the total service, with each rate weighted by the period it was in effect;
(4)
the term “basic pay” has the meaning given such term by section 8331(3);
(5)
section 8472(a) of this title the term “Board” means the Federal Retirement Thrift Investment Board established by ;
(6)
the term “Civil Service Retirement and Disability Fund” or “Fund” means the Civil Service Retirement and Disability Fund under section 8348;
(7)
the term “court” means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court;
(8)
the term “Director” means the Director of the Office of Personnel Management;
(9)
the term “dynamic assumptions” means economic assumptions that are used in determining actuarial costs and liabilities of a retirement system and in anticipating the effects of long-term future—
(A)
investment yields;
(B)
increases in rates of basic pay; and
(C)
rates of price inflation;
(10)
the term “earnings”, when used with respect to the Thrift Savings Fund, means the amount of the gain realized or yield received from the investment of sums in such Fund;
(11)
the term “employee” means—
(A)
section 8331(1) of this title an individual referred to in subparagraph (A), (E), (F), (H), (I), (J), or (K) of ;
(B)
section 2107 of this title a Congressional employee as defined in , including a temporary Congressional employee and an employee of the Congressional Budget Office; and
(C)
an employee described in section 2105(c) who has made an election under section 8461(n)(1) to remain covered under this chapter;
whose civilian service after , is employment for the purposes of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1986, except that such term does not include—
(i)
any individual referred to in—
(I)
clause (i), (vi), or (ix) of paragraph (1) of section 8331;
(II)
clause (ii) of such paragraph; or
(III)
the undesignated material after the last clause of such paragraph;
(ii)
section 8402(c) of this title any individual excluded under ;
(iii)
a member of the Foreign Service described in section 103(6) of the Foreign Service Act of 1980; or
(iv)
an employee who has made an election under section 8461(n)(2) to remain covered by a retirement system established for employees described in section 2105(c);
(12)
the term “former spouse” means a former spouse of an individual—
(A)
if such individual performed at least 18 months of civilian service creditable under section 8411 as an employee or Member; and
(B)
if the former spouse was married to such individual for at least 9 months;
(13)
the term “Executive Director” means the Executive Director appointed under section 8474(a);
(14)
the term “firefighter” means—
(A)
an employee, the duties of whose position—
(i)
are primarily to perform work directly connected with the control and extinguishment of fires; and
(ii)
are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency; and
(B)
an employee who is transferred directly to a supervisory or administrative position after performing duties described in subparagraph (A) for at least 3 years;
(15)
the term “Government” means the Federal Government, Gallaudet College, and, in the case of an employee described in paragraph (11)(C), a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c);
(16)
the term “Indian court” has the meaning given such term by section 8331(24);
(17)
the term “law enforcement officer” means—
(A)
an employee, the duties of whose position—
(i)
are primarily—
(I)
the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States, or
(II)
the protection of officials of the United States against threats to personal safety; and
(ii)
are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency;
(B)
an employee of the Department of the Interior or the Department of the Treasury (excluding any employee under subparagraph (A)) who occupies a position that, but for the enactment of the Federal Employees’ Retirement System Act of 1986, would be subject to the District of Columbia Police and Firefighters’ Retirement System, as determined by the Secretary of the Interior or the Secretary of the Treasury, as appropriate;
(C)
an employee who is transferred directly to a supervisory or administrative position after performing duties described in subparagraph (A) and (B) for at least 3 years; and
(D)
an employee—
(i)
of the Bureau of Prisons or Federal Prison Industries, Incorporated;
(ii)
of the Public Health Service assigned to the field service of the Bureau of Prisons or of the Federal Prison Industries, Incorporated; or
(iii)
in the field service at Army or Navy disciplinary barracks or at any other confinement and rehabilitation facility operated by any of the armed forces;
whose duties in connection with individuals in detention suspected or convicted of offenses against the criminal laws of the United States or of the District of Columbia or offenses against the punitive articles of the Uniform Code of Military Justice (chapter 47 of title 10) require frequent direct contact with these individuals in their detention and are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the head of the employing agency;
(18)
1
1 So in original. The period probably should be a semicolon.
the term “loss”, as used with respect to the Thrift Savings Fund, includes the amount of any loss resulting from the investment of sums in such Fund, or from the breach of any responsibility, duty, or obligation under section 8477.
(19)
the term “lump-sum credit” means the unrefunded amount consisting of—
(A)
section 8422(a) of this title retirement deductions made from the basic pay of an employee or Member under (or under section 204 of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983);
(B)
amounts deposited by an employee or Member under section 8422(e);
(C)
amounts deposited by an employee, Member, or survivor under section 8411(f) or 8422(i); and
(D)
interest on the deductions and deposits which, for any calendar year, shall be equal to the overall average yield to the Fund during the preceding fiscal year from all obligations purchased by the Secretary of the Treasury during such fiscal year under section 8348(c), (d), and (e), as determined by the Secretary (compounded annually);
but does not include interest—
(i)
if the service covered thereby aggregates 1 year or less; or
(ii)
for a fractional part of a month in the total service;
(20)
the term “Member” has the same meaning as provided in section 2106, except that such term does not include an individual who irrevocably elects, by written notice to the official by whom such individual is paid, not to participate in the Federal Employees’ Retirement System, and who (in the case of an individual who is a Member of the House of Representatives, including a Delegate or Resident Commissioner to the Congress) serves as a Member prior to the date of the enactment of the Legislative Branch Appropriations Act, 2004;
(21)
the term “net earnings” means the excess of earnings over losses;
(22)
the term “net losses” means the excess of losses over earnings;
(23)
the term “normal-cost percentage” means the entry-age normal cost of the provisions of the System which relate to the Fund, computed by the Office in accordance with generally accepted actuarial practice and standards (using dynamic assumptions) and expressed as a level percentage of aggregate basic pay;
(24)
the term “Office” means the Office of Personnel Management;
(25)
the term “price index” has the same meaning as provided in section 8331(15);
(26)
the term “service” means service which is creditable under section 8411;
(27)
the term “supplemental liability” means the estimated excess of—
(A)
the actuarial present value of all future benefits payable from the Fund under this chapter based on the service of current or former employees or Members, over
(B)
the sum of—
(i)
the actuarial present value of deductions to be withheld from the future basic pay of employees and Members currently subject to this chapter pursuant to section 8422;
(ii)
the actuarial present value of the future contributions to be made pursuant to section 8423(a) with respect to employees and Members currently subject to this chapter;
(iii)
the Fund balance as of the date the supplemental liability is determined, to the extent that such balance is attributable—
(I)
to the System, or
(II)
to contributions made under the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983 by or on behalf of an individual who became subject to the System; and
(iv)
any other appropriate amount, as determined by the Office in accordance with generally accepted actuarial practices and principles;
(28)
the term “survivor” means an individual entitled to an annuity under subchapter IV of this chapter;
(29)
the term “System” means the Federal Employees’ Retirement System described in section 8402(a);
(30)
section 10216 of title 10 the term “military technician (dual status)” means an employee described in ;
(31)
the term “military service” means honorable active service—
(A)
in the armed forces;
(B)
in the commissioned corps of the Public Health Service after ; or
(C)
in the commissioned corps of the National Oceanic and Atmospheric Administration, or a predecessor entity in function, after ;
section 101(d) of title 10and includes service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, but does not include service in the National Guard except when ordered to active duty in the service of the United States or full-time National Guard duty (as such term is defined in ) if such service interrupts creditable civilian service under this subchapter and is followed by reemployment in accordance with chapter 43 of title 38 that occurs on or after ;
(32)
the term “nonforfeitable account balance” means any amounts in an account, established and maintained under subchapter III, which are nonforfeitable (as determined under section 8432(g));
(33)
“Nuclear materials courier” has the meaning given that term in section 8331(27);
(34)
the term “Government physician” has the meaning given such term under section 5948;
(35)
the term “air traffic controller” or “controller” means—
(A)
a controller within the meaning of section 2109(1); and
(B)
a civilian employee of the Department of Transportation or the Department of Defense who is the immediate supervisor of a person described in section 2109(1)(B);
(36)
the term “customs and border protection officer” means an employee in the Department of Homeland Security (A) who holds a position within the GS–1895 job series (determined applying the criteria in effect as of ) or any successor position, and (B) whose duties include activities relating to the arrival and departure of persons, conveyances, and merchandise at ports of entry, including any such employee who is transferred directly to a supervisory or administrative position in the Department of Homeland Security after performing such duties (as described in subparagraph (B)) in 1 or more positions (as described in subparagraph (A)) for at least 3 years;
(37)
the term “revised annuity employee” means any individual who—
(A)
on —
(i)
is not an employee or Member covered under this chapter;
(ii)
is not performing civilian service which is creditable service under section 8411; and
(iii)
has less than 5 years of creditable civilian service under section 8411; and
(B)
after , and before , becomes employed as an employee or becomes a Member covered under this chapter performing service which is creditable service under section 8411;
(38)
the term “further revised annuity employee” means any individual who—
(A)
on —
(i)
is not an employee or Member covered under this chapter;
(ii)
is not performing civilian service which is creditable service under section 8411; and
(iii)
has less than 5 years of creditable civilian service under section 8411; and
(B)
after , becomes employed as an employee or becomes a Member covered under this chapter performing service which is creditable service under section 8411; and
(39)
“representative payee” means a person (including an organization) designated under section 8466(c)(1) to receive payments on behalf of a minor or an individual mentally incompetent or under other legal disability.

Pub. L. 99–335, title I, § 101(a)100 Stat. 517Pub. L. 99–556, title I100 Stat. 3132Pub. L. 100–238, title I101 Stat. 1744Pub. L. 100–679, § 13(a)(2)102 Stat. 4071Pub. L. 101–335, § 6(a)(1)104 Stat. 322Pub. L. 101–474, § 5o104 Stat. 1100Pub. L. 101–508, title VII, § 7202(k)(1)104 Stat. 1388–338Pub. L. 103–337, div. A, title XVI, § 1677(a)(4)108 Stat. 3019Pub. L. 103–353, § 5(c)108 Stat. 3174Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 659 [title II, § 206(a)(1)]110 Stat. 3009–314Pub. L. 105–261, div. C, title XXXI, § 3154(f)112 Stat. 2255Pub. L. 106–65, div. A, title V, § 522(c)(2)113 Stat. 597Pub. L. 106–571, § 3(c)(2)114 Stat. 3056Pub. L. 108–83, title I, § 104(a)117 Stat. 1017Pub. L. 108–176, title II, § 226(a)(2)117 Stat. 2529Pub. L. 110–161, div. E, title V, § 535(b)(1)121 Stat. 2076Pub. L. 110–181, div. A, title XI, § 1115(b)122 Stat. 361Pub. L. 111–84, div. A, title XIX, § 1904(b)(1)123 Stat. 2616Pub. L. 112–96, title V, § 5001(a)126 Stat. 199Pub. L. 113–67, div. A, title IV, § 401(a)127 Stat. 1183Pub. L. 116–126, § 2(a)(2)134 Stat. 174(Added , , ; amended , §§ 107, 109, 119, , , 3134; , §§ 103(a)(2), (c), (d)(2), 113(b)(1), , , 1745, 1750; , , ; , , ; (), , ; , , ; , , ; , (e)(1), , ; ], , , 3009–372, 3009–378; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

act Aug. 14, 1935, ch. 53149 Stat. 620section 1305 of Title 42The Social Security Act, referred to in par. (11), is , . Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see and Tables.

Chapter 21 of the Internal Revenue Code of 1986, referred to in par. (11), is classified to chapter 21 (§ 3101 et seq.) of Title 26, Internal Revenue Code.

section 3903(6) of Title 22Section 103(6) of the Foreign Service Act of 1980, referred to in par. (11)(iii), is classified to , Foreign Relations and Intercourse.

Pub. L. 99–335100 Stat. 514section 8401 of this titleThe Federal Employees’ Retirement System Act of 1986, referred to in par. (17)(B), is , , . For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 98–168, title II97 Stat. 1106section 8331 of this titleThe Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983, referred to in pars. (19)(A) and (27)(B)(iii)(II), is , , , which is set out as a note under .

Pub. L. 108–83The date of the enactment of the Legislative Branch Appropriations Act, 2004, referred to in par. (20), is the date of enactment of , which was approved .

Amendments

Pub. L. 116–1262020—Par. (39). added par. (39).

Pub. L. 113–67, § 401(a)(2)2013—Par. (37)(B). , inserted “and before ,” after “after ,”.

Pub. L. 113–67, § 401(a)(1)Par. (38). , added par. (38).

Pub. L. 112–962012—Par. (37). added par. (37).

Pub. L. 111–842009—Par. (19)(C). substituted “8411(f) or 8422(i);” for “8411(f);”.

Pub. L. 110–1812008—Par. (31). , in concluding provisions, substituted “and includes service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, but” for “but”.

Pub. L. 110–1612007—Par. (36). added par. (36).

Pub. L. 108–832003—Par. (20). inserted before semicolon at end “, and who (in the case of an individual who is a Member of the House of Representatives, including a Delegate or Resident Commissioner to the Congress) serves as a Member prior to the date of the enactment of the Legislative Branch Appropriations Act, 2004”.

Pub. L. 108–176Par. (35). added par. (35).

Pub. L. 106–5712000—Par. (34). added par. (34).

Pub. L. 106–65section 10101 of title 101999—Par. (30). amended par. (30) generally. Prior to amendment, par. (30) read as follows: “the term ‘military reserve technician’ means a member of one of the reserve components of the armed forces specified in who—

“(A) is assigned to a civilian position as a technician in the administration and training of such reserve components or in the maintenance and repair of supplies issued to such reserve components; and

“(B) as a condition of employment in such position, is required to be a member of one of such reserve components serving in a specified military grade;”.

Pub. L. 105–2611998—Par. (33). added par. (33).

Pub. L. 104–2081996—Par. (4). struck out “except as provided in subchapter III of this chapter,” before “the term”.

Pub. L. 103–353, § 5(e)(1)1994—Par. (11). , in flush provisions before cl. (i), substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

Pub. L. 103–337Par. (30). substituted “section 10101” for “section 261(a)” in introductory provisions.

Pub. L. 103–353, § 5(c)section 101(d) of title 10Par. (31). , in closing provisions, inserted before semicolon “or full-time National Guard duty (as such term is defined in ) if such service interrupts creditable civilian service under this subchapter and is followed by reemployment in accordance with chapter 43 of title 38 that occurs on or after ”.

Pub. L. 101–508, § 7202(k)(1)(A)(i)1990—Par. (11)(C). –(iii), added subpar. (C).

Pub. L. 101–474Par. (11)(i)(I). struck out “(v),” after “(i),”.

Pub. L. 101–508, § 7202(k)(1)(A)(iv)Par. (11)(iv). –(vi), added cl. (iv).

Pub. L. 101–508, § 7202(k)(1)(B)Par. (15). , substituted “, Gallaudet College, and, in the case of an employee described in paragraph (11)(C), a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c);” for “and Gallaudet College;”.

Pub. L. 101–335Par. (32). added par. (32).

Pub. L. 100–6791988—Par. (11)(A). substituted “(J), or (K)” for “or (J)”.

Pub. L. 100–238, § 103(d)(2)Par. (11)(i)(II). , struck out “(other than an employee of the United States Park Police, or the United States Secret Service, whose civilian service after , is such employment)”.

Pub. L. 100–238, § 113(b)(1)Par. (11)(iii). , added cl. (iii).

Pub. L. 100–238, § 103(a)(2)Par. (14)(A)(ii). , substituted “should be” for “are required to be”.

Pub. L. 100–238, § 103(c)(2)Par. (14)(B). , substituted “for at least 3 years” for “for at least 10 years”.

Pub. L. 100–238, § 103(a)(2)Par. (17). , (c)(1), in subpar. (A)(ii), substituted “should be” for “are required to be”, added subpar. (B), redesignated former subpar. (B) as (C) and amended it generally, substituting “subparagraph (A) and (B) for at least 3 years” for “subparagraph (A) for at least 10 years”, redesignated former subpar. (C) as (D), and in concluding provisions, substituted “should be” for “are required to be”.

Pub. L. 99–556, § 1191986—Par. (11). , struck out “any of” before “whose civilian service” in two places.

Pub. L. 99–556, § 109Par. (18). , amended par. (18) generally. Prior to amendment, par. (18) read as follows: “the term ‘loss’, when used with respect to the Thrift Savings Fund, means the amount of the loss resulting from the investment of sums in such Fund;”.

Pub. L. 99–556, § 107Par. (19)(C), (D). , added subpar. (C) and redesignated former subpar. (C) as (D).

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Pub. L. 116–126section 3(b)(1) of Pub. L. 116–126Pub. L. 116–126section 8331 of this titleAmendment by effective on , and applicable on and after the effective date of regulations promulgated under , see sections 4 and 3(b) of , set out respectively as an Effective Date of 2020 Amendment note and a Regulations note under .

Effective Date of 2008 Amendment

Pub. L. 110–181section 1115(c) of Pub. L. 110–181section 8331 of this titleAmendment by applicable to any annuity, eligibility for which is based upon a separation occurring before, on, or after , and any period of service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, occurring before, on, or after , see , set out as a note under .

Effective Date of 2007 Amendment; Transition Rules

Pub. L. 110–161section 535(e) of Pub. L. 110–161section 3307 of this titleAmendment by effective on the later of , or the first day of the first pay period beginning at least 6 months after , with transition rules and rights of election, see , set out as a note under .

Effective Date of 2003 Amendment

Pub. L. 108–176, title II, § 226(c)117 Stat. 2530

“(1)

In general .—

This section [amending this section and sections 8331, 8335, 8415, 8422, 8425, 8452, and 8468 of this title] and the amendments made by this section—
“(A)
shall take effect on the 60th day after the date of enactment of this Act []; and
“(B)
shall apply with respect to—
“(i)
any annuity entitlement to which is based on an individual’s separation from service occurring on or after the effective date of this section; and
“(ii)
any service performed by any such individual before, on, or after the effective date of this section, subject to paragraph (2).
“(2)

Special rule.—

“(A)

Deposit requirement .—

section 8412(e) of title 5For purposes of determining eligibility for immediate retirement under , United States Code, the amendment made by subsection (a)(2) [amending this section] shall, with respect to any service described in subparagraph (B), be disregarded unless there is deposited into the Civil Service Retirement and Disability Fund, with respect to such service, in such time, form, and manner as the Office of Personnel Management by regulation requires, an amount equal to the amount by which—
“(i)
the deductions from pay which would have been required for such service if the amendments made by subsection (a)(2) had been in effect when such service was performed, exceeds
“(ii)
the unrefunded deductions or deposits actually made under subchapter II of chapter 84 of such title with respect to such service.
An amount under this subparagraph shall include interest, computed under paragraphs (2) and (3) of section 8334(e) of such title 5.
“(B)

Prior service described .—

section 8401(35)(B) of title 5This paragraph applies with respect to any service performed by an individual before the effective date of this section as an employee described in , United States Code (as amended by subsection (a)(2)).”
, , , provided that:

Effective Date of 1998 Amendment

Pub. L. 105–261Pub. L. 105–261section 8331 of this titleAmendment by effective at the beginning of the first pay period that begins after , and applicable only to an individual who is employed as a nuclear materials courier, as defined by section 8331(27) or 8401(33) of this title, after , see section 3154(m), (n) of , set out as a note under .

Effective Date of 1996 Amendment

Pub. L. 104–208Pub. L. 104–208section 5545a of this titleAmendment by effective , and withdrawals and elections as provided under such amendment to be made at earliest practicable date as determined by Executive Director in regulations, see section 101(f) [title VI, § 659 [title II, § 207]] of , set out as a note under .

Effective Date of 1994 Amendments

Pub. L. 103–353section 8 of Pub. L. 103–353section 4301 of Title 38Amendment by effective with respect to reemployments initiated on or after the first day after the 60-day period beginning , with transition rules, see , set out as an Effective Date note under , Veterans’ Benefits.

Pub. L. 103–337section 1691 of Pub. L. 103–337section 10001 of Title 10Amendment by effective , except as otherwise provided, see , set out as an Effective Date note under , Armed Forces.

Effective Date of 1990 Amendments

Pub. L. 101–508section 2105(c) of this titlesection 7202(m)(1) of Pub. L. 101–508section 2105 of this titleAmendment by applicable with respect to any individual who, on or after , moves from employment in nonappropriated fund instrumentality of Department of Defense or Coast Guard, that is described in , to employment in Department or Coast Guard, that is not described in section 2105(c), or who moves from employment in Department or Coast Guard, that is not described in section 2105(c), to employment in nonappropriated fund instrumentality of Department or Coast Guard, that is described in section 2105(c), see , set out as a note under .

Pub. L. 101–335section 8432(b) of this titlesection 6(c) of Pub. L. 101–335section 8351 of this titleAmendment by effective as of second election period described in beginning after , or such earlier date as Executive Director may by regulation prescribe, and applicable with respect to separations occurring before, on, or after that effective date, see , set out as a note under .

Effective Date of 1988 Amendment

Pub. L. 100–238section 103(f) of Pub. L. 100–238section 3307 of this titleAmendment by section 103(a)(2), (c), and (d)(2) of , effective , see , set out as a note under .

Pub. L. 100–238, title I, § 113(b)(2)101 Stat. 1751

section 8437 of title 5“The amendments made by paragraph (1) [amending this section] shall be effective as of . Any refund which becomes payable as a result of the preceding sentence shall, to the extent that such refund involves an individual’s contributions to the Thrift Savings Fund (established under , United States Code), be adjusted to reflect any earnings attributable thereto.”
, , , provided that:

Effective Date

Pub. L. 99–335, title VII, § 702(a)100 Stat. 631

“(a)

In General .—

Except as provided in subsection (b), this Act and the amendments made by this Act [see Short Title note below] shall take effect on .
“(b)

Exceptions .—

(1)
Subchapter VII of chapter 84 of title 5, United States Code, as added by section 101 of this Act, shall take effect on the date of the enactment of this Act [].
“(2)
section 8331 of this titlesection 1005 of Title 39section 410 of Title 42section 6103 of Title 26section 8331 of this title Except as provided in section 305 of this Act [enacting and amending provisions set out as notes under ], title III of this Act, and the amendments made by such title [amending sections 3121 and 6103 of Title 26, Internal Revenue Code, , Postal Service, and , The Public Health and Welfare, enacting provisions set out as notes under this section and sections 8331, 8432, and 8472 of this title and , and amending provisions set out as a note under ], shall take effect on the date of the enactment of this Act.
“(3)
section 8342 of this title The amendments made by sections 204 and 205 of this Act [enacting sections 8343a and 8350 of this title and amending ] shall take effect on the date of the enactment of this Act.
“(4)
section 8472 of this title Section 701 of this Act [enacting provisions set out as a note under ] shall take effect on the date of the enactment of this Act.
“(5)
section 403 of Title 50 Sections 505 [amending provisions formerly set out as a note under , War and National Defense] and 601 of this Act and the amendments made by such section 601 [not classified to the Code] shall take effect on the date of the enactment of this Act.”
, (b), , , provided that:

section 702(a) of Pub. L. 99–335section 505 of Pub. L. 99–556section 8331 of this titleReference to a specific date in , set out above, for certain purposes, deemed to be a reference to the first day of the first pay period beginning after such date, or to the day before such day, as appropriate, see , set out as a Coordination With Pay Periods note under .

Short Title of 1999 Amendment

Pub. L. 106–168, title II, § 201113 Stat. 1817

section 8431 of this title“This title [enacting , amending sections 8351, 8402, and 8411 of this title, and enacting provisions set out as notes under sections 8402 and 8431 of this title] may be cited as the ‘Federal Reserve Board Retirement Portability Act’.”
, , , provided that:

Short Title of 1998 Amendment

Pub. L. 105–274, § 1112 Stat. 2419

section 8402 of this titlesection 8402 of this title“This Act [amending and enacting provisions set out as a note under ] may be cited as the ‘District of Columbia Courts and Justice Technical Corrections Act of 1998’.”
, , , provided that:

Short Title of 1996 Amendment

Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 659 [title I, § 101]110 Stat. 3009–314

section 101(f) of Pub. L. 104–208section 8438 of this title“This title [title I (§§ 101–104) of section 659 of , amending sections 8438 and 8439 of this title and enacting provisions set out as a note under ] may be cited as the ‘Thrift Savings Investment Funds Act of 1996’.”
], , , 3009–372, provided that:

Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 659 [title I, § 201]110 Stat. 3009–314

section 101(f) of Pub. L. 104–208section 8431 of this titlesection 5343 of this title“This title [title II (§§ 201–207) of section 659 of , amending this section and sections 5545a, 8351, 8433, 8435, and 8440a to 8440c of this title, repealing , enacting provisions set out as notes under sections 5545a and 8433 of this title, and amending provisions set out as a note under ] may be cited as the ‘Thrift Savings Plan Act of 1996’.”
], , , 3009–374, provided that:

Short Title of 1990 Amendment

Pub. L. 101–335, § 1104 Stat. 319

section 8432a of this titlesection 8440a of this titlesection 8477 of this title“This Act [enacting , amending this section and sections 3392, 8351, 8433 to 8435, 8438, 8440a, 8440b, and 8477 of this title, renumbering former as section 8440b, enacting provisions set out as notes under sections 3392, 8351, 8432a, 8433, 8434, and 8438 of this title, and amending provisions set out as a note under ] may be cited as the ‘Thrift Savings Plan Technical Amendments Act of 1990’.”
, , , provided that:

Short Title of 1987 Amendment

Pub. L. 100–43, § 1101 Stat. 315

section 8438 of this title“That this Act [amending ] may be cited as the ‘Thrift Savings Fund Investment Act of 1987’.”
, , , provided:

Short Title of 1986 Amendment

Pub. L. 99–556, § 1100 Stat. 3131

section 8478a of this titlesection 4069 of Title 22section 4046 of Title 22“This Act [enacting and , Foreign Relations and Intercourse, amending this section and sections 6301, 8332, 8350, 8402, 8411 to 8413, 8415, 8421a, 8442, 8443, 8452, 8457, 8461, 8462, 8477, 8478, and 8901 of this title and sections 4046, 4064, 4071c, 4071d, and 4071j of Title 22, enacting provisions set out as notes under sections 6301, 8331, 8332, 8335, 8341, 8477, and 8478 of this title and , and amending provisions set out as notes under sections 8331 and 8341 of this title] may be cited as the ‘Federal Employees’ Retirement System Technical Corrections Act of 1986’.”
, , , provided that:

Short Title

Pub. L. 99–335, title I, § 100(a)100 Stat. 514

section 1605 of Title 10section 1005 of Title 39section 410 of Title 42section 6103 of Title 26section 8331 of this title“This Act [enacting this chapter, sections 8343a, 8349, 8350, and 8351 of this title, and sections 4068 and 4071 to 4071k of Title 22, Foreign Relations and Intercourse, amending sections 2105, 2109, 5102, 5314, 6301, 6303, 8116, 8331, 8332, 8334, 8342, 8347, 8348, 8701, 8706, 8714, 8714b, 8714c, 8901, and 8905 of this title, , Armed Forces, sections 4041 to 4049, 4054 to 4056, 4058, 4060, 4061, 4063, 4064, 4066, and 4067 of Title 22, sections 3121 and 6103 of Title 26, Internal Revenue Code, , Postal Service, and , The Public Health and Welfare, enacting provisions set out as notes under this section and sections 8331, 8351, 8432, and 8472 of this title, sections 3901 and 4046 of Title 22, and , and amending provisions set out as notes under and sections 402 and 403 of Title 50, War and National Defense] may be cited as the ‘Federal Employees’ Retirement System Act of 1986’.”
, , , provided that:

Regulations

Pub. L. 116–126section 3(b) of Pub. L. 116–126section 8331 of this titleRegulations to carry out amendment by to be promulgated by Office of Personnel Management no later than 1 year after , with allowance for additional regulations relating to administration of representative payee program, see , set out as a note under .

Transfer of Functions

section 542 of Title 6For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .

Election

Pub. L. 108–83, title I, § 104(b)117 Stat. 1018

“(1)
During the 60-day period which begins on the date of the enactment of the Legislative Branch Appropriations Act, 2004 [], any individual who, as of such date, is serving as a Member of the House of Representatives and on such date is not subject to chapter 84 of title 5, United States Code, may elect to become subject to such chapter.
“(2)
Any election under this paragraph shall be carried out in accordance with such procedures as the Office of Personnel Management may provide.
“(3)
In this subsection, the term ‘Member of the House of Representatives’ includes a Delegate or Resident Commissioner to the Congress.”
, , , provided that:

Service as Law Enforcement Officer

Pub. L. 104–52, title VI, § 640109 Stat. 513Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 629(a)]110 Stat. 3009–314

“Hereafter, service performed during the period , through , which would, if performed after that period, be considered service as a law enforcement officer, as defined in section 8401(17)(A)(i)(II) and (B) of title 5, United States Code, shall be deemed service as a law enforcement officer for the purposes of chapter 84 of such title.”
, , , as amended by , , , 3009–362, provided that:

Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 629(b)]110 Stat. 3009–314

section 640 of Pub. L. 104–52Public Law 104–52“The amendment made by subsection (a) [amending , set out above] shall take effect as if included in on the date of its enactment [].”
[, , , 3009–362, provided that: ]

Congressional Declaration of Purpose

Pub. L. 99–335, title I, § 100A100 Stat. 516

“The purposes of this Act [see Short Title note above] are—
“(1)
42 U.S.C. 401 to establish a Federal employees’ retirement plan which is coordinated with title II of the Social Security Act [ et seq.];
“(2)
to ensure a fully funded and financially sound retirement benefits plan for Federal employees;
“(3)
to enhance portability of retirement assets earned as an employee of the Federal Government;
“(4)
to provide options for Federal employees with respect to retirement planning;
“(5)
to assist in building a quality career work force in the Federal Government;
“(6)
to encourage Federal employees to increase personal savings for retirement; and
“(7)
to extend financial protection from disability to additional Federal employees and to increase such protection for eligible Federal employees.”
, , , provided that:

Use of Normal-Cost Percentage

Pub. L. 99–335, title III, § 307100 Stat. 607Pub. L. 100–366, § 1102 Stat. 826

section 8401(23) of title 5“Notwithstanding any other provision of law, the normal-cost percentage (as defined by , United States Code, as added by this Act) of the Federal Employees’ Retirement System shall be used to value the cost of such System to the Civil Service Retirement and Disability Fund for all purposes in which the cost of the System is required to be determined by the Federal Government. For any comparisons between the cost of performing commercial activities under the contract with commercial sources and the cost of performing such activities using Government facilities and personnel, the cost of the System shall include the cost of such System to the Civil Service Retirement and Disability Fund as specified in the preceding sentence, the cost of the thrift savings plan under subchapter III of chapter 84 of title 5, United States Code, and the cost of social security.”
, , , as amended by , , , provided that:

First Cost-of-Living Adjustment

Pub. L. 99–335, title VII, § 702(c)100 Stat. 631

“(1)
section 8462 of title 5 For purposes of the first adjustment under subsection (b) of , United States Code (as added by section 101 of this Act), the base quarter ending on , shall be considered to have been the base quarter for a year in which an adjustment under such subsection was made.
“(2)
section 8462(a)(1) of title 5 As used in paragraph (1), the term ‘base quarter’ has the meaning provided by , United States Code (as added by section 101 of this Act).”
, , , provided that: