
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8432a]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
            CHAPTER 84--FEDERAL EMPLOYEES' RETIREMENT SYSTEM
 
                   SUBCHAPTER III--THRIFT SAVINGS PLAN
 
Sec. 8432a. Payment of lost earnings

    (a)(1) The Executive Director shall prescribe regulations under 
which an employing agency shall be required to pay to the Thrift Savings 
Fund amounts representing lost earnings resulting from errors (including 
errors of omission) made by such agency in carrying out this subchapter, 
subject to paragraph (2).
    (2) If the error involves an employing agency's failure to deduct 
from basic pay contributions (in whole or in part) on behalf of an 
individual in accordance with section 8432(a), the regulations shall not 
provide for the payment of any lost earnings which would be attributable 
to--
        (A) the contributions that the agency failed to deduct from 
    basic pay in accordance with section 8432(a); or
        (B) any related contributions under section 8432(c)(2) that the 
    employing agency is not required (by statute or otherwise) to make 
    up.

    (b) The regulations--
        (1) shall include--
            (A) procedures for computing lost earnings; and
            (B) procedures under which amounts paid to the Thrift 
        Savings Fund under this section shall be credited to appropriate 
        accounts;

        (2) may provide for exceptions from the requirements of this 
    section to the extent that correction of an error is not 
    administratively feasible;
        (3) may require an employing agency to reimburse the Thrift 
    Savings Fund for costs incurred by the Thrift Savings Fund in 
    implementing corrections of employing agency errors under this 
    section; and
        (4) may include such other provisions as the Executive Director 
    determines appropriate to carry out this section.

    (c) Any amounts required to be paid by an employing agency under 
this section shall be paid from the appropriation or fund available to 
the employing agency for payment of salaries of the participant's office 
or establishment. If a participant in the legislative branch is paid by 
the Chief Administrative Officer of the House of Representatives, the 
Chief Administrative Officer may pay from the applicable accounts of the 
House of Representatives the amount required to be paid to correct 
errors relating to the Thrift Savings Fund that otherwise would be paid 
from the appropriation or fund used to pay the participant.

(Added Pub. L. 101-335, Sec. 2(a)(1), July 17, 1990, 104 Stat. 319; 
amended Pub. L. 104-186, title II, Sec. 215(17), Aug. 20, 1996, 110 
Stat. 1746.)


                               Amendments

    1996--Subsec. (c). Pub. L. 104-186 substituted ``Chief 
Administrative Officer of the House of Representatives, the Chief 
Administrative Officer may pay from the applicable accounts'' for 
``Clerk of the House of Representatives, the Clerk may pay from the 
contingent fund''.


                             Effective Date

    Section 2(b) of Pub. L. 101-335 provided that: ``The amendments made 
by this section [enacting this section] shall apply with respect to lost 
earnings attributable to errors made before, on, or after the date of 
enactment of this Act [July 17, 1990].''
