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5 U.S.C. § 8437 — Thrift Savings Fund

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8437 — Thrift Savings Fund

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Stable record: federal_law:legal_authorities:record_usc_16f49e82aa526b561a3fb8b1
Source file: Laws/federal/codes/united-states-code/title-5/section-8437-thrift-savings-fund--d05e0813c3.md
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Source location: Title 5, Chapter 84, § 8437; chapter-084-federal-employees-retirement-system.md

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**(a)** There is established in the Treasury of the United States a Thrift Savings Fund. **(b)** The Thrift Savings Fund consists of the sum of all amounts contributed under [section 8432 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8432&num=0&edition=prelim) and all amounts deposited under [section 8479(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8479/b&num=0&edition=prelim), increased by the total net earnings from investments of sums in the Thrift Savings Fund or reduced by the total net losses from investments of the Thrift Savings Fund, and reduced by the total amount of payments made from the Thrift Savings Fund (including payments for administrative expenses). **(c)** The sums in the Thrift Savings Fund are appropriated and shall remain available without fiscal year limitation— (1) to invest under [section 8438 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8438&num=0&edition=prelim); (2) to pay benefits or purchase annuity contracts under this subchapter; (3) to pay the administrative expenses of the Federal Retirement Thrift Investment Management System prescribed in subchapter VII of this chapter; (4) to make distributions for the purposes of [section 8440(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8440/b&num=0&edition=prelim); (5) to make loans to employees and Members as authorized under [section 8433(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8433/g&num=0&edition=prelim); and (6) to purchase insurance as provided in [section 8479(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8479/b/2&num=0&edition=prelim). **(d)** Administrative expenses incurred to carry out this subchapter and subchapter VII of this chapter shall be paid first out of any sums in the Thrift Savings Fund forfeited under [section 8432(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8432/g&num=0&edition=prelim) and then out of net earnings in such Fund. **(e)** (1) Subject to subsection (d) and paragraphs (2) and (3), sums in the Thrift Savings Fund credited to the account of an employee, Member, former employee, or former Member may not be used for, or diverted to, purposes other than for the exclusive benefit of the employee, Member, former employee, or former Member or his beneficiaries under this subchapter. (2) Except as provided in paragraph (3), sums in the Thrift Savings Fund may not be assigned or alienated and are not subject to execution, levy, attachment, garnishment, or other legal process. For the purposes of this paragraph, a loan made from such Fund to an employee or Member shall not be considered to be an assignment or alienation. (3) Moneys due or payable from the Thrift Savings Fund to any individual and, in the case of an individual who is an employee or Member (or former employee or Member), the balance in the account of the employee or Member (or former employee or Member) shall be subject to legal process for the enforcement of the individual’s legal obligations to provide child support or make alimony payments as provided in section 459 of the Social Security Act ([42 U.S.C. 659](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section659&num=0&edition=prelim)), the enforcement of an order for restitution under [section 3663A of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3663A&num=0&edition=prelim), forfeiture under [section 8432(g)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8432/g/5&num=0&edition=prelim), an obligation of the Executive Director to make a transfer under section 415(d)(3) of the Congressional Accountability Act of 1995 ([2 U.S.C. 1415(d)(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1415/d/3&num=0&edition=prelim)), or an obligation of the Executive Director to make a payment to another person under [section 8467 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8467&num=0&edition=prelim), and shall be subject to a Federal tax levy under section 6331 of the Internal Revenue Code of 1986. For the purposes of this paragraph, an amount contributed for the benefit of an individual under section 8432(c)(1) (including any earnings attributable thereto) shall not be considered part of the balance in such individual’s account unless such amount is nonforfeitable, as determined under applicable provisions of section 8432(g). **(f)** The sums in the Thrift Savings Fund shall not be appropriated for any purpose other than the purposes specified in this section and may not be used for any other purpose. **(g)** All sums contributed to the Thrift Savings Fund by an employee or Member or by an employing agency for the benefit of such employee or Member and all net earnings in such Fund attributable to investment of such sums are held in such Fund in trust for such employee or Member.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3663A — Mandatory restitution to victims of certain crimes

**(a)** (1) Notwithstanding any other provision of law, when sentencing a defendant convicted of an offense described in subsection (c), the court shall order, in addition to, or in the case of a misdemeanor, in addition to or in lieu of, any other penalty authorized by law, that the defendant make restitution to the victim of the offense or, if the victim is deceased, to the victim’s estate. (2) For the purposes of this section, the term “victim” means a person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered including, in the case of an offense that involves as an element a scheme, conspiracy, or pattern of criminal activity, any person directly harmed by the defendant’s criminal conduct in the course of the scheme, conspiracy, or pattern. In the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim’s estate, another family member, or any other person appointed as suitable by the court, may assume the victim’s rights under this section, but in no event shall the defendant be named as such representative or guardian. (3) The court shall also order, if agreed to by the parties in a plea agreement, restitution to persons other than the victim of the offense. (4) **Clarification.—** — In ordering restitution under this section, a court shall order the defendant to make restitution to a person who has assumed the victim’s rights under paragraph (2) to reimburse that person’s necessary and reasonable— (A) lost income, child care, transportation, and other expenses incurred during and directly related to participation in the investigation or prosecution of the offense or attendance at proceedings related to

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8438 — Investment of Thrift Savings Fund

**(a)** For the purposes of this section— (1) the term “Common Stock Index Investment Fund” means the Common Stock Index Investment Fund established under subsection (b)(1)(C); (2) the term “equity capital” means common and preferred stock, surplus, undivided profits, contingency reserves, and other capital reserves; (3) the term “Fixed Income Investment Fund” means the Fixed Income Investment Fund established under subsection (b)(1)(B); (4) the term “Government Securities Investment Fund” means the Government Securities Investment Fund established under subsection (b)(1)(A); (5) the term “International Stock Index Investment Fund” means the International Stock Index Investment Fund established under subsection (b)(1)(E); (6) the term “net worth” means capital, paid-in and contributed surplus, unassigned surplus, contingency reserves, group contingency reserves, and special reserves; (7) the term “plan” means an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 ([29 U.S.C. 1002(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1002/3&num=0&edition=prelim)); (8) the term “qualified professional asset manager” means— (A) a bank, as defined in section 202(a)(2) of the Investment Advisers Act of 1940 ([15 U.S.C. 80b–2(a)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section80b–2/a/2&num=0&edition=prelim)) which— (i) has the power to manage, acquire, or dispose of assets of a plan; and (ii) has, as of the last day of its latest fiscal year ending before the date of a determination for the purpose of this clause, equity capital in excess of $1,000,000; (B) a savings and loan association, the accounts of which are insured by the Federal Deposi

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8438

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8467 — Court orders

**(a)** Payments under this chapter which would otherwise be made to an employee, Member, or annuitant (including an employee, Member, or annuitant as defined in section 8331) based on service of that individual shall be paid (in whole or in part) by the Office or the Executive Director, as the case may be, to another person if and to the extent expressly provided for in the terms of— (1) any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation; or (2) any court order or other similar process in the nature of garnishment for the enforcement of a judgment rendered against such employee, Member, or annuitant, for physically, sexually, or emotionally abusing a child. In the event that the Office or the Executive Director, as the case may be, is served with more than 1 decree, order, or other legal process with respect to the same moneys due or payable to any individual, such moneys shall be available to satisfy such processes on a first-come, first-served basis, with any such process being satisfied out of such moneys as remain after the satisfaction of all such processes which have been previously served. **(b)** Subsection (a) shall apply only to payments made by the Office or the Executive Director under this chapter after the date on which the Office or the Executive Director (as the case may be) receives written notice of such decree, order, other legal process, or agreement, and such additional information and documentation as the Office or the Executive Director may require. **(c)** For the purpose of this section— (1) the term “judgment rendered for physically, sexually, or emotionally abusing a child” mean

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8432 — Contributions

**(a)** (1) An employee or Member may contribute to the Thrift Savings Fund in any pay period, pursuant to an election under subsection (b), an amount not to exceed the maximum percentage of such employee’s or Member’s basic pay for such pay period allowable under paragraph (2). Contributions under this subsection pursuant to such an election shall, with respect to each pay period for which such election remains in effect, be made in accordance with a program of regular contributions provided in regulations prescribed by the Executive Director. (2) The maximum percentage allowable under this paragraph shall be determined in accordance with the following table: In the case of a pay period beginning in fiscal year:The maximum percentageallowable is: 200111 200212 200313 200414 200515 2006 or thereafter100. (3) Notwithstanding any limitation under this subsection, an eligible participant (as defined by section 414(v) of the Internal Revenue Code of 1986) may make such additional contributions to the Thrift Savings Fund as are permitted by such section 414(v) and regulations of the Executive Director consistent therewith. **(b)** (1) (A) (i) The Executive Director shall prescribe regulations under which employees and Members may make contributions under subsection (a), to modify the amount to be contributed under such subsection, or to terminate such contributions. (ii) An election to make contributions under this paragraph— (I) may be made at any time; (II) shall take effect on the earliest date after the election that is administratively feasible; and (III) shall remain in effect until modified or terminated. (B) The amount to be contributed pursuant to an election under subparagraph (A) shall be the percentage of basic pay or amo

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1415 — Payments

**(a) Awards and settlements** Except as provided in subsection (c), only funds which are appropriated to an account of the Office in the Treasury of the United States for the payment of awards and settlements may be used for the payment of awards and settlements under this chapter. There are appropriated for such account such sums as may be necessary to pay such awards and settlements. Funds in the account are not available for awards and settlements involving the Government Accountability Office or the Government Publishing Office. **(b) Compliance** Except as provided in subsection (c), there are authorized to be appropriated such sums as may be necessary for administrative, personnel, and similar expenses of employing offices which are needed to comply with this chapter. **(c) OSHA, accommodation, and access requirements** Funds to correct violations of section 1311(a)(3), 1331, or 1341 of this title may be paid only from funds appropriated to the employing office or entity responsible for correcting such violations. There are authorized to be appropriated such sums as may be necessary for such funds. **(d) Reimbursement by Members of Congress of amounts paid as settlements and awards** (1) **Reimbursement required for certain violations** (A) *In general* — Subject to subparagraphs (B) and (D), if a payment is made from the account described in subsection (a) for an award or settlement in connection with a claim alleging a violation described in subparagraph (C) committed personally by an individual who, at the time of committing the violation, was a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or a Senator, the individual shall reimburse the account for the amount of the award or settlement for the c

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 6331 — Levy and distraint

**(a) Authority of Secretary** If any person liable to pay any tax neglects or refuses to pay the same within 10 days after notice and demand, it shall be lawful for the Secretary to collect such tax (and such further sum as shall be sufficient to cover the expenses of the levy) by levy upon all property and rights to property (except such property as is exempt under section 6334) belonging to such person or on which there is a lien provided in this chapter for the payment of such tax. Levy may be made upon the accrued salary or wages of any officer, employee, or elected official, of the United States, the District of Columbia, or any agency or instrumentality of the United States or the District of Columbia, by serving a notice of levy on the employer (as defined in section 3401(d)) of such officer, employee, or elected official. If the Secretary makes a finding that the collection of such tax is in jeopardy, notice and demand for immediate payment of such tax may be made by the Secretary and, upon failure or refusal to pay such tax, collection thereof by levy shall be lawful without regard to the 10-day period provided in this section. **(b) Seizure and sale of property** The term “levy” as used in this title includes the power of distraint and seizure by any means. Except as otherwise provided in subsection (e), a levy shall extend only to property possessed and obligations existing at the time thereof. In any case in which the Secretary may levy upon property or rights to property, he may seize and sell such property or rights to property (whether real or personal, tangible or intangible). **(c) Successive seizures** Whenever any property or right to property upon which levy has been made by virtue of subsection (a) is not sufficient to satisfy the claim of the Un

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8351 — Participation in the Thrift Savings Plan

**(a)** (1) An employee or Member may elect to contribute to the Thrift Savings Fund established by [section 8437 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8437&num=0&edition=prelim). (2) An election may be made under paragraph (1) as provided under section 8432(b) for individuals who are subject to chapter 84 of this title. **(b)** (1) Except as otherwise provided in this subsection, the provisions of subchapters III and VII of chapter 84 of this title shall apply with respect to employees and Members making contributions to the Thrift Savings Fund under subsection (a) of this section. (2) (A) An employee or Member may contribute to the Thrift Savings Fund in any pay period any amount not exceeding the maximum percentage of such employee’s or Member’s basic pay for such pay period allowable under subparagraph (B). (B) The maximum percentage allowable under this subparagraph shall be determined in accordance with the following table: In the case of a pay period beginning in fiscal year:The maximum percentageallowable is: 20016 20027 20038 20049 200510 2006 or thereafter100. (C) Notwithstanding any limitation under this paragraph, an eligible participant (as defined by section 414(v) of the Internal Revenue Code of 1986) may make such additional contributions to the Thrift Savings Fund as are permitted by such section 414(v) and regulations of the Executive Director consistent therewith. (3) No contributions may be made by an employing agency for the benefit of an employee or Member under [section 8432(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8432/c&num=0&edition=prelim). (4) [Section 8433(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8345 — Payment of benefits; commencement, termination, and waiver of annuity

**(a)** Each annuity is stated as an annual amount, one-twelfth of which, rounded to the next lowest dollar, constitutes the monthly rate payable on the first business day of the month after the month or other period for which it has accrued. **(b)** (1) Except as otherwise provided— (A) an annuity of an employee or Member commences on the first day of the month after— (i) separation from the service; or (ii) pay ceases and the service and age requirements for title to annuity are met; and (B) any other annuity payable from the Fund commences on the first day of the month after the occurrence of the event on which payment thereof is based. (2) The annuity of— (A) an employee involuntarily separated from service, except by removal for cause on charges of misconduct or delinquency; and (B) an employee or Member retiring under [section 8337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8337&num=0&edition=prelim) due to a disability; shall commence on the day after separation from the service or the day after pay ceases and the service and age or disability requirements for title to annuity are met. **(c)** The annuity of a retired employee or Member terminates on the day death or other terminating event provided by this subchapter occurs. The annuity of a survivor terminates on the last day of the month before death or other terminating event occurs. **(d)** An individual entitled to annuity from the Fund may decline to accept all or any part of the annuity by a waiver signed and filed with the Office of Personnel Management. The waiver may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver was in effect. **(e)** (1) Payment due a

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 659 — Consent by United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations

**(a) Consent to support enforcement** Notwithstanding any other provision of law (including [section 407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section407&num=0&edition=prelim) and [section 5301 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5301&num=0&edition=prelim)), effective January 1, 1975, moneys (the entitlement to which is based upon remuneration for employment) due from, or payable by, the United States or the District of Columbia (including any agency, subdivision, or instrumentality thereof) to any individual, including members of the Armed Forces of the United States, shall be subject, in like manner and to the same extent as if the United States or the District of Columbia were a private person, to withholding in accordance with State law enacted pursuant to subsections (a)(1) and (b) of [section 666 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section666&num=0&edition=prelim) and regulations of the Secretary under such subsections, and to any other legal process brought, by a State agency administering a program under a State plan approved under this part or by an individual obligee, to enforce the legal obligation of the individual to provide child support or alimony. **(b) Consent to requirements applicable to private person** With respect to notice to withhold income pursuant to subsection (a)(1) or (b) of [section 666 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section666&num=0&edition=prelim), or any other order or process to enforce support obligations against an individual (if the order or process contains or is accompanied by sufficient data to permit prompt identification of the in

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 659

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1301 — Definitions

**(a) In general** Except as otherwise specifically provided in this chapter, as used in this chapter: (1) **Board** — The term “Board” means the Board of Directors of the Office of Congressional Workplace Rights. (2) **Chair** — The term “Chair” means the Chair of the Board of Directors of the Office of Congressional Workplace Rights. (3) **Covered employee** — The term “covered employee” means any employee of— (A) the House of Representatives; (B) the Senate; (C) the Office of Congressional Accessibility Services; (D) the Capitol Police; (E) the Congressional Budget Office; (F) the Office of the Architect of the Capitol; (G) the Office of the Attending Physician; (H) the Office of Congressional Workplace Rights; (I) the Office of Technology Assessment; (J) the Library of Congress, except for [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1351&num=0&edition=prelim); or (K) the John C. Stennis Center for Public Service Training and Development. (4) **Employee** — The term “employee” includes an applicant for employment and a former employee. (5) **Employee of the Office of the Architect of the Capitol** — The term “employee of the Office of the Architect of the Capitol” includes any employee of the Office of the Architect of the Capitol or the Botanic Garden. (6) **Employee of the Capitol Police** — The term “employee of the Capitol Police” includes any member or officer of the Capitol Police. (7) **Employee of the House of Representatives** — The term “employee of the House of Representatives” includes an individual occupying a position the pay for which is disbursed by the Chief Administrative Officer of the House of Representatives, or another official designated by the H

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