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5 U.S.C. § 8474 — Executive Director

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

5 U.S.C. § 8474 — Executive Director

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Stable record: federal_law:legal_authorities:record_usc_17727728ddd0fb2d1513c4f0
Source file: Laws/federal/codes/united-states-code/title-5/section-8474-executive-director--fd44d7ebf6.md
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Source location: Title 5, Chapter 84, § 8474; chapter-084-federal-employees-retirement-system.md

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**(a)** (1) The Board shall appoint, without regard to the provisions of law governing appointments in the competitive service, an Executive Director by action agreed to by a majority of the members of the Board. (2) The Executive Director shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans. **(b)** The Executive Director shall— (1) carry out the policies established by the Board; (2) invest and manage the Thrift Savings Fund in accordance with the investment policies and other policies established by the Board; (3) purchase annuity contracts and provide for the payment of other benefits under subchapter III of this chapter; (4) administer the provisions of this subchapter and subchapter III of this chapter; (5) prescribe such regulations (other than regulations relating to fiduciary responsibilities) as may be necessary for the administration of this subchapter and subchapter III of this chapter; and (6) meet from time to time with the Council upon request of the Council. **(c)** The Executive Director may— (1) prescribe such regulations as may be necessary to carry out the responsibilities of the Executive Director under this section, other than regulations relating to fiduciary responsibilities; (2) appoint such personnel as may be necessary to carry out the provisions of this subchapter and subchapter III of this chapter; (3) subject to approval by the Board, procure the services of experts and consultants under [section 3109 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim); (4) secure directly from an Executive agency, the United States Postal Service, or the Postal Regulatory Commission any information necessary to carry out the provisions of this subchapter or subchapter III of this chapter and policies of the Board; (5) make such payments out of sums in the Thrift Savings Fund as the Executive Director determines are necessary to carry out the provisions of this subchapter and subchapter III of this chapter and the policies of the Board; (6) pay the compensation, per diem, and travel expenses of individuals appointed under paragraphs (2), (3), and (7) of this subsection from the Thrift Savings Fund; (7) accept and use the services of individuals employed intermittently in the Government service and reimburse such individuals for travel expenses, as authorized by [section 5703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5703&num=0&edition=prelim), including per diem as authorized by [section 5702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5702&num=0&edition=prelim); (8) except as otherwise expressly prohibited by law or the policies of the Board, delegate any of the Executive Director’s functions to such employees under the Board as the Executive Director may designate and authorize such successive redelegations of such functions to such employees under the Board as the Executive Director may consider to be necessary or appropriate; and (9) take such other actions as are appropriate to carry out the functions of the Executive Director.

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

5 U.S.C. § 5702 — Per diem; employees traveling on official business

**(a)** (1) Under regulations prescribed pursuant to [section 5707 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5707&num=0&edition=prelim), an employee, when traveling on official business away from the employee’s designated post of duty, or away from the employee’s home or regular place of business (if the employee is described in [section 5703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5703&num=0&edition=prelim)), is entitled to any one of the following: (A) a per diem allowance at a rate not to exceed that established by the Administrator of General Services for travel within the continental United States, and by the President or his designee for travel outside the continental United States; (B) reimbursement for the actual and necessary expenses of official travel not to exceed an amount established by the Administrator for travel within the continental United States or an amount established by the President or his designee for travel outside the continental United States; or (C) a combination of payments described in subparagraphs (A) and (B) of this paragraph. (2) Any per diem allowance or maximum amount of reimbursement shall be established, to the extent feasible, by locality. The Secretary of Defense shall not alter the amount of the per diem allowance, or the maximum amount of reimbursement, for a locality based on the duration of the travel in the locality of an employee of the Department. (3) For travel consuming less than a full day, the payment prescribed by regulation shall be allocated in such manner as the Administrator may prescribe. **(b)** (1) Under regulations prescribed pursuant to [section 5707 of this title](https://uscode.house.gov/view.xhtm

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

5 U.S.C. § 3109 — Employment of experts and consultants; temporary or intermittent

**(a)** For the purpose of this section— (1) “agency” has the meaning given it by [section 5721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5721&num=0&edition=prelim); and (2) “appropriation” includes funds made available by statute under [section 9104 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9104&num=0&edition=prelim). **(b)** When authorized by an appropriation or other statute, the head of an agency may procure by contract the temporary (not in excess of 1 year) or intermittent services of experts or consultants or an organization thereof, including stenographic reporting services. Services procured under this section are without regard to— (1) the provisions of this title governing appointment in the competitive service; (2) chapter 51 and subchapter III of chapter 53 of this title; and (3) section 6101(b) to (d) of title 41, except in the case of stenographic reporting services by an organization. However, an agency subject to chapter 51 and subchapter III of chapter 53 of this title may pay a rate for services under this section in excess of the daily equivalent of the highest rate payable under [section 5332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim) only when specifically authorized by the appropriation or other statute authorizing the procurement of the services. **(c)** Positions in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service may not be filled under the authority of subsection (b) of this section. **(d)** The Office of Personnel Management shall prescribe regulations necessary for the administration of t

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3109

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

5 U.S.C. § 5703 — Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay

An employee serving intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis, or serving without pay or at $1 a year, may be allowed travel or transportation expenses, under this subchapter, while away from his home or regular place of business and at the place of employment or service.

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

5 U.S.C. § 8331 — Definitions

For the purpose of this subchapter— (1) “employee” means— (A) an employee as defined by [section 2105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim); (B) the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden; (C) a Congressional employee as defined by [section 2107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2107&num=0&edition=prelim) (other than the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden), after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter; (D) a temporary Congressional employee appointed at an annual rate of pay, after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter; (E) a United States Commissioner whose total pay for services performed as Commissioner is not less than $3,000 in each of the last 3 consecutive calendar years ending after December 31, 1954; (F) an individual employed by a county committee established under [section 590h(b) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590h/b&num=0&edition=prelim); (G) an individual first employed by the government of the District of Columbia before October 1, 1987; (H) an individual employed by Gallaudet College; (I) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838); (J) an alien (i) who was previously employed by the Government, (ii) who is employed full time by a foreign government

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8331

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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:

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8351

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8432

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

5 U.S.C. § 8433 — Benefits and election of benefits

**(a)** An employee or Member who separates from Government employment is entitled to the amount of the balance in the employee’s or Member’s account (except for the portion of such amount 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), if any) as provided in this section. **(b)** Subject to [section 8435 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8435&num=0&edition=prelim), any employee or Member who separates from Government employment is entitled and may elect to withdraw from the Thrift Savings Fund the balance of the employee’s or Member’s account as— (1) an annuity; (2) a single payment; (3) 2 or more substantially equal payments to be made not less frequently than annually; or (4) any combination of payments as provided under paragraphs (1) through (3) as the Executive Director may prescribe by regulation. **(c)** (1) In addition to the right provided under subsection (b) to withdraw the balance of the account, an employee or Member who separates from Government service may make one or more withdrawals of any amount in the same manner as a single payment is made in accordance with subsection (b)(2) from the employee’s or Member’s account. (2) An employee or Member may request that the amount withdrawn from the Thrift Savings Fund in accordance with subsection (b)(2) be transferred to an eligible retirement plan. (3) The Executive Director shall make each transfer elected under paragraph (2) directly to an eligible retirement plan or plans (as defined in section 402(c)(8) of the Internal Revenue Code of 1986) identified by the employee, Member, former employee, or former Member for whom the transfer is mad

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8433

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

5 U.S.C. § 8435 — Protections for spouses and former spouses

**(a)** (1) (A) A married employee or Member (or former employee or Member) may withdraw all or part of a Thrift Savings Fund account under subsection (b)(2), (3), or (4) of [section 8433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8433&num=0&edition=prelim) or change a withdrawal election only if the employee or Member (or former employee or Member) satisfies the requirements of subparagraph (B). A married employee or Member (or former employee or Member) may make a withdrawal from a Thrift Savings Fund account under subsection (c)(1) of [section 8433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8433&num=0&edition=prelim) only if the employee or Member (or former employee or Member) satisfies the requirements of subparagraph (B). (B) An employee or Member (or former employee or Member) may make an election or change referred to in subparagraph (A) if the employee or Member and the employee’s or Member’s spouse (or the former employee or Member and the former employee’s or Member’s spouse) jointly waive, by written election, any right which the spouse may have to a survivor annuity with respect to such employee or Member (or former employee or Member) under [section 8434 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8434&num=0&edition=prelim) or subsection (b). (2) Paragraph (1) shall not apply to an election or change of election by an employee or Member (or former employee or Member) who establishes to the satisfaction of the Executive Director (at the time of the election or change and in accordance with regulations prescribed by the Executive Director)— (A) that the spouse’s whereabouts cannot be determined; or (B) that

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8435

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

5 U.S.C. § 8474 — Executive Director

Page 1194 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8474 EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–89 effective Nov. 1, 1993, see section 3(c) of Pub. L. 103–89, set out as a note under section 3372 of this title. § 8474. Executive Director (a)(1) The Board shall appoint, without regard to the provisions of law governing appointments in the competitive service, an Executive Direc- tor by action agreed to by a majority of the members of the Board. (2) The Executive Director shall have substan- tial experience, training, and expertise in the management of financial investments and pen- sion benefit plans. (b) The Executive Director shall— (1) carry out the policies established by the Board; (2) invest and manage the Thrift Savings Fund in accordance with the investment poli- cies and other policies established by the Board; (3) purchase annuity contracts and provide for the payment of other benefits under sub- chapter III of this chapter; (4) administer the provisions of this sub- chapter and subchapter III of this chapter; (5) prescribe such regulations (other than regulations relating to fiduciary responsibil- ities) as may be necessary for the administra- tion of this subchapter and subchapter III of this chapter; and (6) meet from time to time with the Council upon request of the Council. (c) The Executive Director may— (1) prescribe such regulations as may be nec- essary to carry out the responsibilities of the Executive Director under this section, other than regulations relating to fiduciary respon- sibilities; (2) appoint such personnel as may be nec- essary to carry out the provisions of this sub- chapter and subchapter III of this chapter; (3) subject to approval by the Board, procure the services of experts and

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