
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1132(b)(2)(C)]
[CITE: 5USC8401]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
            CHAPTER 84--FEDERAL EMPLOYEES' RETIREMENT SYSTEM
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 8401. Definitions

    For the purpose of this chapter--
        (1) the term ``account'' means an account established and 
    maintained under section 8439(a) of this title;
        (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) the term ``Board'' means the Federal Retirement Thrift 
    Investment Board established by section 8472(a) of this title;
        (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) an individual referred to in subparagraph (A), (E), (F), 
        (H), (I), (J), or (K) of section 8331(1) of this title;
            (B) a Congressional employee as defined in section 2107 of 
        this title, 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 December 31, 1983, 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) any individual excluded under section 8402(c) of this 
        title;
            (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) 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.\1\
---------------------------------------------------------------------------
    \1\ So in original. The period probably should be a semicolon.
---------------------------------------------------------------------------
        (19) the term ``lump-sum credit'' means the unrefunded amount 
    consisting of--
            (A) retirement deductions made from the basic pay of an 
        employee or Member under section 8422(a) of this title (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); 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;
        (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) the term ``military technician (dual status)'' means an 
    employee described in section 10216 of title 10;
        (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 June 30, 1960; or
            (C) in the commissioned corps of the National Oceanic and 
        Atmospheric Administration, or a predecessor entity in function, 
        after June 30, 1961;

    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 section 101(d) 
    of title 10) 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 August 1, 1990;
        (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); and
        (34) the term ``Government physician'' has the meaning given 
    such term under section 5948.

(Added Pub. L. 99-335, title I, Sec. 101(a), June 6, 1986, 100 Stat. 
517; amended Pub. L. 99-556, title I, Secs. 107, 109, 119, Oct. 27, 
1986, 100 Stat. 3132, 3134; Pub. L. 100-238, title I, Secs. 103(a)(2), 
(c), (d)(2), 113(b)(1), Jan. 8, 1988, 101 Stat. 1744, 1745, 1750; Pub. 
L. 100-679, Sec. 13(a)(2), Nov. 17, 1988, 102 Stat. 4071; Pub. L. 101-
335, Sec. 6(a)(1), July 17, 1990, 104 Stat. 322; Pub. L. 101-474, 
Sec. 5(o), Oct. 30, 1990, 104 Stat. 1100; Pub. L. 101-508, title VII, 
Sec. 7202(k)(1), Nov. 5, 1990, 104 Stat. 1388-338; Pub. L. 103-337, div. 
A, title XVI, Sec. 1677(a)(4), Oct. 5, 1994, 108 Stat. 3019; Pub. L. 
103-353, Sec. 5(c), (e)(1), Oct. 13, 1994, 108 Stat. 3174; Pub. L. 104-
208, div. A, title I, Sec. 101(f) [title VI, Sec. 659 [title II, 
Sec. 206(a)(1)]], Sept. 30, 1996, 110 Stat. 3009-314, 3009-372, 3009-
378; Pub. L. 105-261, div. C, title XXXI, Sec. 3154(f), Oct. 17, 1998, 
112 Stat. 2255; Pub. L. 106-65, div. A, title V, Sec. 522(c)(2), Oct. 5, 
1999, 113 Stat. 597; Pub. L. 106-571, Sec. 3(c)(2), Dec. 28, 2000, 114 
Stat. 3056.)

                       References in Text

    The Social Security Act, referred to in par. (11), is act Aug. 14, 
1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social Security 
Act is classified generally to subchapter II (Sec. 401 et seq.) of 
chapter 7 of Title 42, The Public Health and Welfare. For complete 
classification of this Act to the Code, see section 1305 of Title 42 and 
Tables.
    Chapter 21 of the Internal Revenue Code of 1986, referred to in par. 
(11), is classified to chapter 21 (Sec. 3101 et seq.) of Title 26, 
Internal Revenue Code.
    Section 103(6) of the Foreign Service Act of 1980, referred to in 
par. (11)(iii), is classified to section 3903(6) of Title 22, Foreign 
Relations and Intercourse.
    The Federal Employees' Retirement System Act of 1986, referred to in 
par. (17)(B), is Pub. L. 99-335, June 6, 1986, 100 Stat. 514, as 
amended. For complete classification of this Act to the Code, see Short 
Title note set out under section 8401 of this title and Tables.
    The Federal Employees' Retirement Contribution Temporary Adjustment 
Act of 1983, referred to in pars. (19)(A) and (27)(B)(iii)(II), is Pub. 
L. 98-168, title II, Nov. 29, 1983, 97 Stat. 1106, as amended, which is 
set out as a note under section 8331 of this title.


                               Amendments

    2000--Par. (34). Pub. L. 106-571 added par. (34).
    1999--Par. (30). Pub. L. 106-65 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 section 10101 of title 10 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;''.
    1998--Par. (33). Pub. L. 105-261 added par. (33).
    1996--Par. (4). Pub. L. 104-208 struck out ``except as provided in 
subchapter III of this chapter,'' before ``the term''.
    1994--Par. (11). Pub. L. 103-353, Sec. 5(e)(1), in flush provisions 
before cl. (i), substituted ``Internal Revenue Code of 1986'' for 
``Internal Revenue Code of 1954''.
    Par. (30). Pub. L. 103-337 substituted ``section 10101'' for 
``section 261(a)'' in introductory provisions.
    Par. (31). Pub. L. 103-353, Sec. 5(c), in closing provisions, 
inserted before semicolon ``or full-time National Guard duty (as such 
term is defined in section 101(d) of title 10) 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 August 1, 1990''.
    1990--Par. (11)(C). Pub. L. 101-508, Sec. 7202(k)(1)(A)(i)-(iii), 
added subpar. (C).
    Par. (11)(i)(I). Pub. L. 101-474 struck out ``(v),'' after ``(i),''.
    Par. (11)(iv). Pub. L. 101-508, Sec. 7202(k)(1)(A)(iv)-(vi), added 
cl. (iv).
    Par. (15). Pub. L. 101-508, Sec. 7202(k)(1)(B), 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;''.
    Par. (32). Pub. L. 101-335 added par. (32).
    1988--Par. (11)(A). Pub. L. 100-679 substituted ``(J), or (K)'' for 
``or (J)''.
    Par. (11)(i)(II). Pub. L. 100-238, Sec. 103(d)(2), struck out 
``(other than an employee of the United States Park Police, or the 
United States Secret Service, whose civilian service after December 31, 
1983, is such employment)''.
    Par. (11)(iii). Pub. L. 100-238, Sec. 113(b)(1), added cl. (iii).
    Par. (14)(A)(ii). Pub. L. 100-238, Sec. 103(a)(2), substituted 
``should be'' for ``are required to be''.
    Par. (14)(B). Pub. L. 100-238, Sec. 103(c)(2), substituted ``for at 
least 3 years'' for ``for at least 10 years''.
    Par. (17). Pub. L. 100-238, Sec. 103(a)(2), (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''.
    1986--Par. (11). Pub. L. 99-556, Sec. 119, struck out ``any of'' 
before ``whose civilian service'' in two places.
    Par. (18). Pub. L. 99-556, Sec. 109, 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;''.
    Par. (19)(C), (D). Pub. L. 99-556, Sec. 107, added subpar. (C) and 
redesignated former subpar. (C) as (D).


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-261 effective at the beginning of the first 
pay period that begins after Oct. 17, 1998, 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 Oct. 17, 1998, see 
section 3154(m), (n) of Pub. L. 105-261, set out as a note under section 
8331 of this title.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-208 effective Sept. 30, 1996, 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, Sec. 659 [title II, 
Sec. 207]] of Pub. L. 104-208, set out as a note under section 5545a of 
this title.


                    Effective Date of 1994 Amendments

    Amendment by Pub. L. 103-353 effective with respect to reemployments 
initiated on or after the first day after the 60-day period beginning 
Oct. 13, 1994, with transition rules, see section 8 of Pub. L. 103-353, 
set out as an Effective Date note under section 4301 of Title 38, 
Veterans' Benefits.
    Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as 
otherwise provided, see section 1691 of Pub. L. 103-337, set out as an 
Effective Date note under section 10001 of Title 10, Armed Forces.


                    Effective Date of 1990 Amendments

    Amendment by Pub. L. 101-508 applicable with respect to any 
individual who, on or after Jan. 1, 1987, moves from employment in 
nonappropriated fund instrumentality of Department of Defense or Coast 
Guard, that is described in section 2105(c) of this title, 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 section 7202(m)(1) of Pub. L. 101-508, set out as a 
note under section 2105 of this title.
    Amendment by Pub. L. 101-335 effective as of second election period 
described in section 8432(b) of this title beginning after July 17, 
1990, 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 section 6(c) of Pub. L. 101-335, 
set out as a note under section 8351 of this title.


                    Effective Date of 1988 Amendment

    Amendment by section 103(a)(2), (c), and (d)(2) of Pub. L. 100-238, 
effective Jan. 1, 1987, see section 103(f) of Pub. L. 100-238, set out 
as a note under section 3307 of this title.
    Section 113(b)(2) of Pub. L. 100-238 provided that: ``The amendments 
made by paragraph (1) [amending this section] shall be effective as of 
January 1, 1987. 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 
section 8437 of title 5, United States Code), be adjusted to reflect any 
earnings attributable thereto.''


                             Effective Date

    Section 702(a), (b) of Pub. L. 99-335 provided that:
    ``(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 January 1, 1987.
    ``(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 [June 6, 1986].
    ``(2) Except as provided in section 305 of this Act [enacting and 
amending provisions set out as notes under section 8331 of this title], 
title III of this Act, and the amendments made by such title [amending 
sections 3121 and 6103 of Title 26, Internal Revenue Code, section 1005 
of Title 39, Postal Service, and section 410 of Title 42, The Public 
Health and Welfare, enacting provisions set out as notes under this 
section and sections 8331, 8432, and 8472 of this title and section 6103 
of Title 26, and amending provisions set out as a note under section 
8331 of this title], shall take effect on the date of the enactment of 
this Act.
    ``(3) The amendments made by sections 204 and 205 of this Act 
[enacting sections 8343a and 8350 of this title and amending section 
8342 of this title] shall take effect on the date of the enactment of 
this Act.
    ``(4) Section 701 of this Act [enacting provisions set out as a note 
under section 8472 of this title] shall take effect on the date of the 
enactment of this Act.
    ``(5) Sections 505 [amending provisions formerly set out as a note 
under section 403 of Title 50, 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.''
    Reference to a specific date in section 702(a) of Pub. L. 99-335, 
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 section 505 of Pub. L. 99-556, 
set out as a Coordination With Pay Periods note under section 8331 of 
this title.


                      Short Title of 1999 Amendment

    Pub. L. 106-168, title II, Sec. 201, Dec. 12, 1999, 113 Stat. 1817, 
provided that: ``This title [enacting section 8431 of this title, 
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'.''


                      Short Title of 1998 Amendment

    Pub. L. 105-274, Sec. 1, Oct. 20, 1998, 112 Stat. 2419, provided 
that: ``This Act [amending section 8402 of this title and enacting 
provisions set out as a note under section 8402 of this title] may be 
cited as the `District of Columbia Courts and Justice Technical 
Corrections Act of 1998'.''


                      Short Title of 1996 Amendment

    Section 101(f) [title VI, Sec. 659 [title I, Sec. 101]] of Pub. L. 
104-208 provided that: ``This title [title I (Secs. 101-104) of section 
659 of section 101(f) of Pub. L. 104-208, amending sections 8438 and 
8439 of this title and enacting provisions set out as a note under 
section 8438 of this title] may be cited as the `Thrift Savings 
Investment Funds Act of 1996'.''
    Section 101(f) [title VI, Sec. 659 [title II, Sec. 201]] of Pub. L. 
104-208 provided that: ``This title [title II (Secs. 201-207) of section 
659 of section 101(f) of Pub. L. 104-208, amending this section and 
sections 5545a, 8351, 8433, 8435, and 8440a to 8440c of this title, 
repealing section 8431 of this title, enacting provisions set out as 
notes under sections 5545a and 8433 of this title, and amending 
provisions set out as a note under section 5343 of this title] may be 
cited as the `Thrift Savings Plan Act of 1996'.''


                      Short Title of 1990 Amendment

    Section 1 of Pub. L. 101-335 provided that: ``This Act [enacting 
section 8432a of this title, amending this section and sections 3392, 
8351, 8433 to 8435, 8438, 8440a, 8440b, and 8477 of this title, 
renumbering former section 8440a of this title 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 section 8477 of this title] may be cited as the `Thrift 
Savings Plan Technical Amendments Act of 1990'.''


                      Short Title of 1987 Amendment

    Pub. L. 100-43, Sec. 1, May 22, 1987, 101 Stat. 315, provided: 
``That this Act [amending section 8438 of this title] may be cited as 
the `Thrift Savings Fund Investment Act of 1987'.''


                      Short Title of 1986 Amendment

    Section 1 of Pub. L. 99-556 provided that: ``This Act [enacting 
section 8478a of this title and section 4069 of Title 22, 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 section 4046 of Title 22, 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'.''


                               Short Title

    Section 100(a) of Pub. L. 99-335 provided that: ``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, section 1605 of Title 10, 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, section 1005 of Title 39, Postal Service, and section 410 
of Title 42, 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 section 6103 of 
Title 26, and amending provisions set out as notes under section 8331 of 
this title and sections 402 and 403 of Title 50, War and National 
Defense] may be cited as the `Federal Employees' Retirement System Act 
of 1986'.''


                   Service as Law Enforcement Officer

    Pub. L. 104-52, title VI, Sec. 640, Nov. 19, 1995, 109 Stat. 513, as 
amended by Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI, 
Sec. 629(a)], Sept. 30, 1996, 110 Stat. 3009-314, 3009-362, provided 
that: ``Hereafter, service performed during the period January 1, 1984, 
through December 31, 1986, 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.''
    [Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI, 
Sec. 629(b)], Sept. 30, 1996, 110 Stat. 3009-314, 3009-362, provided 
that: ``The amendment made by subsection (a) [amending section 640 of 
Pub. L. 104-52, set out above] shall take effect as if included in 
Public Law 104-52 on the date of its enactment [Nov. 19, 1995].'']


                  Congressional Declaration of Purpose

    Section 100A of Pub. L. 99-335 provided that: ``The purposes of this 
Act [see Short Title note above] are--
        ``(1) to establish a Federal employees' retirement plan which is 
    coordinated with title II of the Social Security Act [42 U.S.C. 401 
    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.''


                      Use of Normal-Cost Percentage

    Section 307 of Pub. L. 99-335, as amended by Pub. L. 100-366, 
Sec. 1, July 13, 1988, 102 Stat. 826, provided that: ``Notwithstanding 
any other provision of law, the normal-cost percentage (as defined by 
section 8401(23) of title 5, 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.''


                     First Cost-of-Living Adjustment

    Section 702(c) of Pub. L. 99-335 provided that:
    ``(1) For purposes of the first adjustment under subsection (b) of 
section 8462 of title 5, United States Code (as added by section 101 of 
this Act), the base quarter ending on September 30, 1986, shall be 
considered to have been the base quarter for a year in which an 
adjustment under such subsection was made.
    ``(2) As used in paragraph (1), the term `base quarter' has the 
meaning provided by section 8462(a)(1) of title 5, United States Code 
(as added by section 101 of this Act).''

                  Section Referred to in Other Sections

    This section is referred to in sections 3307, 3323, 3329, 5541, 
6323, 7371, 8331, 8351, 8411, 8440e, 8477, 8704 of this title; title 10 
sections 2467, 10217; title 22 section 4046; title 38 sections 7296, 
7426, 7438; title 50 sections 2152, 2154.
