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

5 U.S.C. § 8431

Certain transfers to be treated as a separation

(a)
For purposes of this subchapter, separation from Government employment includes a transfer from a position that is subject to one of the retirement systems described in subsection (b) to a position that is not subject to any of them.
(b)
The retirement systems described in this subsection are—
(1)
the retirement system under this chapter;
(2)
the retirement system under subchapter III of chapter 83; and
(3)
any other retirement system under which individuals may contribute to the Thrift Savings Fund through withholdings from pay.

Pub. L. 106–168, title II, § 203(a)(1)113 Stat. 1820(Added , , .)

Editorial Notes

Prior Provisions

Pub. L. 99–335, title I, § 101(a)100 Stat. 541Pub. L. 101–509, title V, § 529 [title I, § 101(b)(6)(B)]104 Stat. 1427Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 659 [title II, §§ 206(a)(2), 207]110 Stat. 3009–314A prior section 8431, added , , ; amended , , , 1440, provided a definition of “basic pay” for this subchapter, prior to repeal by ], , , 3009–372, 3009–378, effective .

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 106–168, title II, § 203(c)113 Stat. 1820

section 8351 of this titlesection 8401(13) of title 5“The amendments made by this section [enacting this section and amending ] shall apply with respect to transfers occurring before, on, or after the date of the enactment of this Act [], except that, for purposes of applying such amendments with respect to any transfer occurring before such date of enactment, the date of such transfer shall be considered to be the date of the enactment of this Act. The Executive Director (within the meaning of , United States Code) may prescribe any regulations necessary to carry out this subsection.”
, , , provided that: