
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: 5USC8440e]

 
             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. 8440e. Members of the uniformed services

    (a) For purposes of this section--
        (1) the term ``member'' has the meaning given such term by 
    section 211 of title 37; and
        (2) the term ``basic pay'' means basic pay payable under section 
    204 of title 37.

    (b)(1) Any member eligible to participate in the Thrift Savings Plan 
by virtue of section 211(b) of title 37 may contribute to the Thrift 
Savings Fund.
    (2)(A) Except as provided in subparagraph (B), an election to 
contribute to the Thrift Savings Fund under this section may be made 
only during a period provided under section 8432(b), subject to the same 
conditions as prescribed under paragraph (2) (A)-(D) thereof.
    (B)(i) Notwithstanding subparagraph (A), any individual who is a 
member as of the effective date that applies with respect to such 
individual under section 663 of the National Defense Authorization Act 
for Fiscal Year 2000 may make the first such election during the 60-day 
period beginning on such effective date.
    (ii) An election made under this subparagraph shall take effect on 
the first day of the first applicable pay period beginning after the 
close of the 60-day period referred to in clause (i).
    (c) Except as otherwise provided in this section, the provisions of 
this subchapter and subchapter VII shall apply with respect to members 
making contributions to the Thrift Savings Fund, and such members shall, 
for purposes of this subchapter and subchapter VII, be considered 
employees within the meaning of section 8401(11).
    (d)(1)(A) The amount contributed by a member described in section 
211(a)(1) of title 37 for any pay period out of basic pay may not exceed 
the maximum percentage of such member's basic pay for such pay period 
allowable under section 8440f.
    (B) The amount contributed by a member described in section 
211(a)(2) of title 37 for any pay period out of any compensation 
received under section 206 of title 37 may not exceed the maximum 
percentage of such member's compensation for such pay period (received 
under such section 206) allowable under section 8440f.
    (2) A member making contributions to the Thrift Savings Fund out of 
basic pay, or out of compensation under section 206 of title 37, may 
also contribute (by direct transfer to the Fund) any part of any special 
or incentive pay that such member receives under chapter 5 of title 37.
    (3) Nothing in this section or section 211 of title 37 shall be 
considered to waive any dollar limitation under the Internal Revenue 
Code of 1986 which otherwise applies with respect to the Thrift Savings 
Fund.
    (e) Except as provided in section 211(d) of title 37, no 
contribution under section 8432(c) of this title may be made for the 
benefit of a member making contributions to the Thrift Savings Fund 
under this section.

(Added Pub. L. 106-65, div. A, title VI, Sec. 661(a)(2)(A), Oct. 5, 
1999, 113 Stat. 670; amended Pub. L. 106-398, Sec. 1 [[div. A], title 
VI, Sec. 661(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A-167; Pub. L. 106-
554, Sec. 1(a)(4) [div. B, title I, Sec. 138(a)(6)], Dec. 21, 2000, 114 
Stat. 2763, 2763A-233.)

                       References in Text

    Section 663 of the National Defense Authorization Act for Fiscal 
Year 2000, referred to in subsec. (b)(2)(B)(i), is section 663 of Pub. 
L. 106-65, as amended, which is set out as an Effective Date note below.
    The Internal Revenue Code of 1986, referred to in subsec. (d)(3), is 
classified generally to Title 26, Internal Revenue Code.


                               Amendments

    2000--Subsec. (b)(2)(B)(i). Pub. L. 106-398 substituted ``as of the 
effective date that applies with respect to such individual under 
section 663 of the National Defense Authorization Act for Fiscal Year 
2000'' for ``as of the effective date described in paragraph (1) of 
section 663(a) of the National Defense Authorization Act for Fiscal Year 
2000 (or, if applicable, paragraph (2) thereof)''.
    Subsec. (d)(1)(A). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, 
Sec. 138(a)(6)(A)], substituted ``the maximum percentage of such 
member's basic pay for such pay period allowable under section 8440f.'' 
for ``5 percent of such member's basic pay for such pay period.''
    Subsec. (d)(1)(B). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, 
Sec. 138(a)(6)(B)], substituted ``the maximum percentage of such 
member's compensation for such pay period (received under such section 
206) allowable under section 8440f.'' for ``5 percent of such 
compensation, payable to such member for such pay period.''


                             Effective Date

    Pub. L. 106-65, div. A, title VI, Sec. 663, Oct. 5, 1999, 113 Stat. 
673, as amended by Pub. L. 106-398, Sec. 1 [[div. A], title VI, 
Sec. 661(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-167, provided that:
    ``(a) In General.--Except as provided in subsection (b), the 
amendments made by this subtitle [subtitle F (Secs. 661-663) of title VI 
of div. A of Pub. L. 106-65, enacting this section and section 211 of 
Title 37, Pay and Allowances of the Uniformed Services, and amending 
sections 8351, 8432b, 8433, 8439, and 8473 of this title and section 211 
of Title 37] shall take effect 180 days after the date of the enactment 
of the Floyd D. Spence National Defense Authorization Act for Fiscal 
Year 2001 [Oct. 30, 2000].
    ``(b) Postponement Authority.--(1) The Secretary of Defense may 
postpone by up to 180 days after the date that would otherwise apply 
under subsection (a)--
        ``(A) the date as of which the amendments made by this subtitle 
    shall take effect; or
        ``(B) the date as of which section 211(a)(2) of title 37, United 
    States Code (as added by this subtitle) shall take effect.
    ``(2) Postponement authority under this subsection may be exercised 
only to the extent that the failure to do so would prevent the Federal 
Retirement Thrift Investment Board from being able to provide timely and 
accurate services to investors or would place an excessive burden on the 
administrative capacity of the Board to accommodate participants in the 
Thrift Savings Plan, as determined by the Secretary of Defense after 
consultation with the Executive Director (appointed by the Board).
    ``(3) Paragraph (1) includes the authority to postpone the effective 
date of the amendments made by this subtitle (apart from section 
211(a)(2) of title 37, United States Code), and the effective date of 
such section 211(a)(2), by different lengths of time.
    ``(4) The Secretary shall notify the congressional defense 
committees [Committees on Armed Services and Appropriations of the 
Senate and the House of Representatives], the Committee on Government 
Reform of the House of Representatives, and the Committee on 
Governmental Affairs of the Senate of any determination made under this 
subsection.''


                               Regulations

    Pub. L. 106-65, div. A, title VI, Sec. 661(b), Oct. 5, 1999, 113 
Stat. 672, as amended by Pub. L. 106-398, Sec. 1 [[div. A], title VI, 
Sec. 661(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-167, provided that: 
``Not later than the 180th day after the date of the enactment of the 
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 
[Oct. 30, 2000], the Executive Director (appointed by the Federal 
Retirement Thrift Investment Board) shall issue regulations to implement 
the amendments made by this subtitle [subtitle F (Secs. 661-663) of 
title VI of div. A of Pub. L. 106-65, enacting this section and section 
211 of Title 37, Pay and Allowances of the Uniformed Services, and 
amending sections 8351, 8432b, 8433, 8439, and 8473 of this title and 
section 211 of Title 37].''

                  Section Referred to in Other Sections

    This section is referred to in sections 8351, 8432b, 8473 of this 
title; title 37 section 211.
