Pub. L. 99–335, title I, § 101(a)100 Stat. 544Pub. L. 100–238, title I, § 132101 Stat. 1760Pub. L. 101–335104 Stat. 321Pub. L. 102–484, div. D, title XLIV, § 4437(a)106 Stat. 2724Pub. L. 103–226, § 9(b)108 Stat. 119Pub. L. 103–353108 Stat. 3172Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 659 [title II, § 203(a)]110 Stat. 3009–314Pub. L. 106–65, div. A, title VI, § 661(a)(4)113 Stat. 672Pub. L. 108–469, § 3(1)118 Stat. 3893Pub. L. 111–31, div. B, title I, § 109123 Stat. 1856Pub. L. 115–84, § 2(a)131 Stat. 1272(Added , , ; amended , , ; , §§ 5(a), 6(a)(2), , , 322; , , ; , (i)(3)–(7), , , 121, 122; , §§ 4(b), 5(e)(4), , , 3174; ], , , 3009–372, 3009–374; , , ; , , ; , , ; –(d), , , 1273.)
Editorial Notes
References in Text
Sections 72(p) and 402(c)(8) of the Internal Revenue Code of 1986, referred to in subsecs. (c)(3) and (g)(3), are classified to sections 72(p) and 402(c)(8), respectively, of Title 26, Internal Revenue Code.
Amendments
Pub. L. 115–84, § 2(a)(1)2017—Subsec. (c)(1). , substituted “may make one or more withdrawals” for “and who has not made a withdrawal under subsection (h)(1)(A) may make one withdrawal” and “in the same manner as a single payment is made” for “as a single payment”.
Pub. L. 115–84, § 2(a)(2)Subsec. (c)(5). , added par. (5).
Pub. L. 115–84, § 2(b)(1)Subsec. (d)(1). , inserted “, except that in the case of an election to receive an annuity, a former employee or Member may not change an election under this section on or after the date on which an annuity contract is purchased to provide for the annuity elected by the former employee or Member” after “this subchapter”.
Pub. L. 115–84, § 2(b)(2)Subsec. (d)(2). , substituted “return a payment that was made pursuant to an” for “change an” and struck out before period at end “on or after the date on which a payment is made in accordance with such election or, in the case of an election to receive an annuity, the date on which an annuity contract is purchased to provide for the annuity elected by the former employee or Member”.
Pub. L. 115–84, § 2(c)Subsec. (f). , struck out par. (1) designation before “Notwithstanding”, substituted “this subsection” for “this paragraph”, and struck out par. (2) which read as follows: “Unless otherwise elected under this section, and subject to paragraph (1), benefits under this subchapter shall be paid as an annuity commencing for an employee, Member, former employee, or former Member on April 1 of the year following the latest of the year in which—
“(A) the employee, Member, former employee, or former Member becomes 70½ years of age; or
“(B) the employee, Member, former employee, or former Member separates from Government employment.”
Pub. L. 115–84, § 2(d)(1)Subsec. (h)(2). , (2), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “A withdrawal under paragraph (1)(A) shall be available to each eligible participant one time only.”
Pub. L. 115–84, § 2(d)(2)Subsec. (h)(3). , (3), redesignated par. (4) as (3) and inserted “limitations or” before “conditions”. Former par. (3) redesignated (2).
Pub. L. 115–84, § 2(d)(2)Subsec. (h)(4), (5). , redesignated pars. (4) and (5) as (3) and (4), respectively.
Pub. L. 111–312009—Subsec. (e). designated existing provisions as par. (1) and added pars. (2) and (3).
Pub. L. 108–4692004—Subsec. (d)(1). substituted “paragraph (2)” for “paragraph (3)”.
Pub. L. 106–65section 8432(a) of this title1999—Subsecs. (g)(1), (h)(3). struck out “under ” after “by the employee or Member”.
Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 203(a)(1)]section 8435 of this title1996—Subsec. (b). ], added subsec. (b) and struck out former subsec. (b) which read as follows: “Subject to , any employee or Member who separates from Government employment is entitled and may elect—
“(1) to receive an immediate annuity from the Thrift Savings Fund;
“(2) to defer the commencement of the payment of an annuity from the Thrift Savings Fund until such date as the employee or Member specifies, but not later than April 1 of the year following the year in which the employee or Member becomes 70½ years of age;
“(3) to withdraw the amount of the balance in the employee’s or Member’s account in the Thrift Savings Fund in one or more substantially equal payments to be made not less frequently than annually and to commence before April 1 of the year following the year in which the employee or Member becomes 70½ years of age; or
“(4) to transfer the amount of the balance in the employee’s or Member’s account to an eligible retirement plan as provided in subsection (c).”
Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 203(a)(1)]Subsec. (c). ], added subsec. (c) and struck out former subsec. (c) which read as follows:
“(1) The Executive Director shall make each transfer elected under subsection (b)(4) directly to an eligible retirement plan or plans (as defined in section 402(c)(8) of the Internal Revenue Code of 1986) identified by the employee, Member, former employee, or former Member for whom the transfer is made.
“(2) A transfer may not be made for an employee, Member, former employee, or former Member under paragraph (1) until the Executive Director receives from that individual the information required by the Executive Director specifically to identify the eligible retirement plan or plans to which the transfer is to be made.”
Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 203(a)(2)(A)]Subsec. (d)(1). ], substituted “(3)” for “(3)(A)” after “Subject to paragraph”.
Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 203(a)(2)(C)]Subsec. (d)(2). ], struck out subpar. (A) designation before “A former employee” and struck out subpar. (B) which read as follows: “A modification of a date may not be made under paragraph (2) on or after the date on which an annuity contract is purchased to provide for the annuity involved, and may not specify a date for the commencement of an annuity earlier than 90 days after the date on which the modification is submitted to the Executive Director (or such period shorter than 90 days as the Executive Director may by regulation prescribe).”
Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 203(a)(2)(B)]section 8435(c) of this title], redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “Subject to paragraph (3)(B) and , a former employee or Member who has made an election pursuant to subsection (b)(2) may modify the date specified in such election or in a previous modification under this paragraph.”
Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 203(a)(2)(B)]Subsec. (d)(3). ], redesignated par. (3) as (2).
Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 203(a)(3)]Subsec. (f)(1). ], substituted “less than an amount that the Executive Director prescribes by regulation” for “$3,500 or less” and substituted a comma for “unless the employee or Member elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under subsection (b), or”.
Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 203(a)(4)]Subsec. (f)(2). ], in introductory provisions substituted “April 1” for “February 1”, in subpar. (A) substituted “70½” for “65” and inserted “or” after semicolon, redesignated subpar. (C) as (B), and struck out former subpar. (B) which read as follows: “occurs the tenth anniversary of the year in which the employee, Member, former employee, or former Member became subject to this subchapter; or”.
Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 203(a)(5)(A)]Subsec. (g)(1). ], struck out “after , and” after “At any time”, and inserted at end “Before a loan is issued, the Executive Director shall provide in writing the employee or Member with appropriate information concerning the cost of the loan relative to other sources of financing, as well as the lifetime cost of the loan, including the difference in interest rates between the funds offered by the Thrift Savings Fund, and any other effect of such loan on the employee’s or Member’s final account balance.”
Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 203(a)(5)(B)]Subsec. (g)(2) to (5). ], redesignated pars. (3) to (5) as (2) to (4), respectively, and struck out former par. (2) which read as follows: “An application under this subsection may be approved only for—
“(A) the purchase of a primary residence;
“(B) educational expenses;
“(C) medical expenses; or
“(D) financial hardship.”
Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 203(a)(6)]Subsec. (h). ], added subsec. (h).
Pub. L. 103–226, § 9(b)(1)section 8435 of this titlesection 8435 of this titlesection 3502(a) of this titlesection 3595(a) of this title1994—Subsec. (b). , amended introductory provisions generally, substituting “Subject to , any employee or Member who separates from Government employment is entitled and may elect—” for “Subject to , any employee or Member who separates from Government employment entitled to an immediate annuity under subchapter II of this chapter, any employee or Member who separates from Government employment entitled to benefits under subchapter I of chapter 81 of this title, any employee who separates from Government employment pursuant to regulations under or procedures under in a reduction in force, and any employee or Member who is entitled to receive disability benefits under subchapter V of this chapter is entitled and may elect—”.
Pub. L. 103–226, § 9(i)(3)Subsec. (b)(4). , substituted “subsection (c)” for “subsection (e)”.
Pub. L. 103–226, § 9(b)(2)Subsec. (c). , redesignated subsec. (e) as (c) and struck out former subsec. (c) which related to permissible elections by employees separating from Government who are entitled to a deferred annuity.
Pub. L. 103–226, § 9(b)(3)Subsec. (c)(1). , substituted “directly to an eligible retirement plan or plans (as defined in section 402(c)(8) of the Internal Revenue Code of 1986)” for “or (c)(4) or required under subsection (d) directly to an eligible retirement plan or plans (as defined in section 402(a)(5)(E) of the Internal Revenue Code of 1954)”.
Pub. L. 103–353, § 4(b)(1)Subsec. (d). , inserted before period at end “, unless an election under section 8432b(h)(2) is made to treat such separation for purposes of this subsection as if it had never occurred”.
Pub. L. 103–226, § 9(b)(2)section 8435 of this title, redesignated subsec. (f) as (d) and struck out former subsec. (d) which read as follows: “Subject to , any employee or Member who separates from Government employment before becoming entitled to a deferred annuity under subchapter II of this chapter shall transfer the amount of the balance in the employee’s or Member’s account to an eligible retirement plan as provided in subsection (e), unless an election under section 8432b(h)(2) is made to treat such separation for purposes of this subsection as if it had never occurred.”
Pub. L. 103–226, § 9(i)(4)Subsec. (d)(1). , substituted “(c) of section 8435” for “(d) of section 8435”.
Pub. L. 103–226, § 9(b)(4)Subsec. (d)(2). , (i)(5), substituted “section 8435(c)” for “section 8435(d)” and struck out “or (c)(2)” after “subsection (b)(2)”.
Pub. L. 103–226, § 9(b)(2)Subsec. (e). , (i)(6), redesignated subsec. (g) as (e) and substituted “section 8435(c)(2)” for “section 8435(d)(2)”. Former subsec. (e) redesignated (c).
Pub. L. 103–226, § 9(b)(2)Subsec. (f). , redesignated subsec. (h) as (f). Former subsec. (f) redesignated (d).
Pub. L. 103–226, § 9(b)(5)(A)Subsec. (f)(1). , (B), redesignated par. (2) as (1), substituted “Notwithstanding subsection (b), if an employee or Member separates from Government employment, and such employee’s or Member’s” for “Notwithstanding subsections (b) and (c), if an employee or Member separates from Government employment under circumstances making such employee or Member eligible to make an election under either of those subsections, and such employee’s or Member’s”, struck out “or (c), as applicable” before period at end, and struck out former par. (1) which read as follows: “Notwithstanding subsection (d), if an employee or Member separates from Government employment before becoming entitled to a deferred annuity under subchapter II, and such employee’s or Member’s nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the employee or Member elects, at such time and otherwise in such manner as the Executive Director prescribes, to have the nonforfeitable account balance transferred to an eligible retirement plan as provided in subsection (e), or unless an election under section 8432b(h)(2) is made to treat such separation for purposes of this paragraph as if it had never occurred.”
Pub. L. 103–226, § 9(b)(5)(A)Subsec. (f)(2). , (C), redesignated par. (3) as (2) and substituted “paragraph (1)” for “paragraphs (1) and (2)” before “, benefits under this chapter”. Former par. (2) redesignated (1).
Pub. L. 103–226, § 9(b)(5)(A)Subsec. (f)(3). , redesignated par. (3) as (2).
Pub. L. 103–226, § 9(b)(2)Subsec. (g). , redesignated subsec. (i) as (g). Former subsec. (g) redesignated (e).
Pub. L. 103–226, § 9(i)(7)Subsec. (g)(5). , substituted “section 8435(e)” for “section 8435(f)”.
Pub. L. 103–226, § 9(b)(2)Subsec. (h). , redesignated subsec. (h) as (f).
Pub. L. 103–353, § 4(b)(2)Subsec. (h)(1), (2). , inserted before period at end “, or unless an election under section 8432b(h)(2) is made to treat such separation for purposes of this paragraph as if it had never occurred”.
Pub. L. 103–226, § 9(b)(2)Subsec. (i). , redesignated subsec. (i) as (g).
Pub. L. 103–353, § 5(e)(4)Subsec. (i)(4). , substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
Pub. L. 102–484section 3502(a) of this titlesection 3595(a) of this title1992—Subsec. (b). inserted “any employee who separates from Government employment pursuant to regulations under or procedures under in a reduction in force,” after “chapter 81 of this title,”.
Pub. L. 101–335, § 5(a)(1)1990—Subsec. (f)(3)(A). , substituted “an annuity contract is purchased to provide for the annuity elected by the former employee or Member” for “an annuity elected by the former employee or Member commences”.
Pub. L. 101–335, § 5(a)(2)Subsec. (f)(3)(B). , amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “A modification of a date may not be made under paragraph (2) on or after such date and may not specify a date for the commencement of an annuity earlier than 1 month after the date on which the modification is submitted to the Executive Director.”
Pub. L. 101–335, § 6(a)(2)Subsec. (h). , amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “Unless otherwise elected under this section, benefits under this subchapter shall be paid as an annuity commencing for an employee, Member, former employee, or former Member on February 1 of the year following the latest of the year in which—
“(1) the employee, Member, former employee, or former Member becomes 65 years of age;
“(2) occurs the tenth anniversary of the year in which the employee, Member, former employee, or former Member became subject to this subchapter; or
“(3) the employee, Member, former employee, or former Member separates from Government employment.”
Pub. L. 100–23829 U.S.C. 1108(b)(1)1988—Subsec. (i)(3). amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Loans under this subsection shall be subject to such conditions as the Board may prescribe consistent with section 408(b)(1) of the Employee Retirement Income Security Act of 1974 (). The conditions shall be included in regulations issued by the Executive Director.”
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
Pub. L. 115–84section 2(f) of Pub. L. 115–84section 2(g) of Pub. L. 115–84section 8432b of this titleAmendment by effective on the date on which the regulations prescribed under subsection (f) (, set out as a Regulations note below) take effect, see , set out as a note under .
Effective Date of 1999 Amendment
Pub. L. 106–65section 663 of Pub. L. 106–65section 8440e of this titleAmendment by effective 180 days after , unless postponed, see , as amended, set out as an Effective Date 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
section 4(b) of Pub. L. 103–353Pub. L. 103–353section 8432b of this titleAmendment by effective , and applicable to any employee whose release from military service, discharge from hospitalization, or other similar event making the individual eligible to seek restoration or reemployment under chapter 43 of Title 38, Veterans’ Benefits, occurs on or after , with special rules for applying amendment to employees restored or reemployed before effective date, see section 4(e), (f) of , set out as an Effective Date note under .
section 5(e)(4) of 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 .
Pub. L. 103–226section 9(j) of Pub. L. 103–226section 8351 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1992 Amendment
Pub. L. 102–484section 8474 of this titlesection 4437(d) of Pub. L. 102–484section 8351 of this titleAmendment by applicable with respect to separations occurring after , or such earlier date as Executive Director (appointed under ) may by regulation prescribe, see , set out as a note under .
Effective Date of 1990 Amendment
Pub. L. 101–335, § 5(d)104 Stat. 322
section 6(a)(2) of 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 .
Regulations
Pub. L. 115–84, § 2(f)131 Stat. 1273
section 2(f) of Pub. L. 115–84section 2(g) of Pub. L. 115–84section 8432b of this title[Regulations referred to by , set out above, effective ; see , set out as an Effective Date of 2017 Amendment note under .]
Pub. L. 101–335, § 6(b)(4)104 Stat. 324
Invalidity of Certain Prior Elections
Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 659 [title II, § 203(b)]110 Stat. 3009–314