§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 described in paragraph (1) of section 663(a) of the National Defense Authorization Act for Fiscal Year 2000 (or, if applicable, paragraph (2) thereof) 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 5 percent of such member's basic pay for such pay period.
(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 5 percent of such compensation, payable to such member for such pay period.
(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
References in Text
Section 663(a) of the National Defense Authorization Act for Fiscal Year 2000, referred to in subsec. (b)(2)(B)(i), is section 663(a) of
The Internal Revenue Code of 1986, referred to in subsec. (d)(3), is classified generally to Title 26, Internal Revenue Code.
Effective Date
"(a)
"(2)(A) The Secretary of Defense may postpone the authority of members of the Ready Reserve to so participate in the Thrift Savings Plan until 180 days after the date that would otherwise apply under paragraph (1) if the Secretary, after consultation with the Executive Director (appointed by the Federal Retirement Thrift Investment Board), determines that permitting such members to participate in the Thrift Savings Plan beginning on the date that would otherwise apply under paragraph (1) would place an excessive burden on the administrative capacity of the Board to accommodate participants in the Thrift Savings Plan.
"(B) 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 subparagraph (A).
"(b)
"(A) the President, in the budget of the President for fiscal year 2001, proposes legislation which, if enacted, would be qualifying offsetting legislation; and
"(B) there is enacted during the second session of the One Hundred Sixth Congress qualifying offsetting legislation.
The preceding sentence shall not apply with respect to the amendment made by section 661(a)(3)(B)(i) [amending section 8351 of this title].
"(2) For purposes of this subtitle:
"(A) The term 'qualifying offsetting legislation' means legislation (other than an appropriations Act) that includes provisions that-
"(i) offset fully the decreased revenues for each of fiscal years 2000 through 2009 to be made by reason of the amendments made by this subtitle;
"(ii) expressly state that they are enacted for the purpose of the offset described in clause (i); and
"(iii) are included in full on the PayGo scorecard.
"(B) The term 'PayGo scorecard' means the estimates that are made with respect to fiscal years through fiscal year 2009 by the Director of the Congressional Budget Office and the Director of the Office of Management and Budget under section 252(d) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902(d)]."
Regulations