
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 37USC211]

 
         TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
 
                          CHAPTER 3--BASIC PAY
 
Sec. 211. Participation in Thrift Savings Plan

    (a) Definition.--In this section, the term ``member'' means--
        (1) a member of the uniformed services serving on active duty; 
    and
        (2) a member of the Ready Reserve in any pay status.

    (b) Authority.--Any member may participate in the Thrift Savings 
Plan in accordance with section 8440e of title 5.
    (c) Rule of Construction Regarding Separation.--For purposes of 
subchapters III and VII of chapter 84 of title 5, each of the following 
actions shall, in the case of a member participating in the Thrift 
Savings Plan in accordance with section 8440e of such title, be 
considered a separation from Government employment:
        (1) Release of the member from active duty, not followed, before 
    the end of the 31-day period beginning on the day following the 
    effective date of the release, by--
            (A) a resumption of active duty; or
            (B) an appointment to a position covered by chapter 83 or 84 
        of title 5 or an equivalent retirement system, as identified by 
        the Executive Director (appointed by the Federal Retirement 
        Thrift Investment Board) in regulations.

        (2) Transfer of the member to inactive status, or to a retired 
    list pursuant to any provision of title 10.

    (d) Agency Contributions for Retention in Critical Specialties.--(1) 
The Secretary concerned may enter into an agreement with a member to 
make contributions to the Thrift Savings Fund for the benefit of the 
member if the member--
        (A) is in a specialty designated by the Secretary as critical to 
    meet requirements (whether such specialty is designated as critical 
    to meet wartime or peacetime requirements); and
        (B) commits in such agreement to continue to serve on active 
    duty in that specialty for a period of 6 years.

    (2) Under any agreement entered into with a member under paragraph 
(1), the Secretary shall make contributions to the Fund for the benefit 
of the member for each pay period of the 6-year period of the agreement 
for which the member makes a contribution to the Fund under section 
8440e of title 5 (other than under subsection (d)(2) thereof). Paragraph 
(2) of section 8432(c) of title 5 applies to the Secretary's obligation 
to make contributions under this paragraph, except that the reference in 
such paragraph (2) to contributions under paragraph (1) of such section 
8432(c) does not apply.
(Added and amended Pub. L. 106-65, div. A, title VI, Secs. 661(a)(1)(A), 
662, Oct. 5, 1999, 113 Stat. 670, 672.)



                               Amendments

    1999--Subsec. (d). Pub. L. 106-65, Sec. 662, added subsec. (d).



                             Effective Date

    Section and amendment by Pub. L. 106-65 effective only if the 
President proposes in the 2001 fiscal year budget and there is enacted 
in the second session of the One Hundred Sixth Congress qualifying 
offsetting legislation, and authority of members (as defined in this 
section) to participate in the Thrift Savings Plan under this section 
effective on the date on which such qualifying offsetting legislation is 
enacted or 1 year after Oct. 5, 1999, whichever is later, with provision 
for postponement of authority of members of the Ready Reserve to so 
participate in the Thrift Savings Plan, see section 663 of Pub. L. 106-
65, set out as a note under section 8440e of Title 5, Government 
Organization and Employees.

              Section Referred to in Other Sections

    This section is referred to in title 5 sections 8432b, 8440e.
