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5 U.S.C. § 8440a — Justices and judges

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

5 U.S.C. § 8440a — Justices and judges

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Stable record: federal_law:legal_authorities:record_usc_8e8bf9ccfbd1967c481e5099
Source file: Laws/federal/codes/united-states-code/title-5/section-8440a-justices-and-judges--b42b1b14c6.md
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Source location: Title 5, Chapter 84, § 8440a; chapter-084-federal-employees-retirement-system.md

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**(a)** (1) A justice or judge of the United States as defined by [section 451 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section451&num=0&edition=prelim) may elect to contribute an amount of such individual’s basic pay to the Thrift Savings Fund. Basic pay does not include an annuity or salary received by a justice or judge who has retired under section 371(a) or (b) or [section 372(a) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section372/a&num=0&edition=prelim), United States Code. (2) An election may be made under paragraph (1) as provided under section 8432(b) for individuals subject to this chapter. **(b)** (1) Except as otherwise provided in this subsection, the provisions of this subchapter and subchapter VII shall apply with respect to justices and judges making contributions to the Thrift Savings Fund. (2) The amount contributed by a justice or judge for any pay period shall not exceed the maximum percentage of such justice’s or judge’s basic pay for such pay period allowable under section 8440f. (3) No contributions shall be made for the benefit of a justice or judge 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:USC-prelim-title5-section8433/b&num=0&edition=prelim) applies with respect to elections available to any justice or judge who retires under section 371(a) or (b) or [section 372(a) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section372/a&num=0&edition=prelim). Retirement under section 371(a) or (b) or [section 372(a) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section372/a&num=0&edition=prelim) is a separation from service for the purposes of subchapters III and VII of chapter 84 of this title. (5) [Section 8433(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8433/b&num=0&edition=prelim) applies to any justice or judge who resigns without having met the age and service requirements set forth in [section 371(c) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section371/c&num=0&edition=prelim). (6) The provisions of [section 8351(b)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8351/b/5&num=0&edition=prelim) shall govern the rights of spouses of justices or judges contributing to the Thrift Savings Fund under this section. (7) Notwithstanding paragraphs (4) and (5), if any justice or judge retires under subsection (a) or (b) of section 371 or [section 372(a) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section372/a&num=0&edition=prelim), or resigns without having met the age and service requirements set forth under [section 371(c) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section371/c&num=0&edition=prelim), and such justice’s or judge’s nonforfeitable account balance is less than an amount that the Executive Director prescribes by regulation, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment.

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

28 U.S.C. § 451 — Definitions

As used in this title:

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

5 U.S.C. § 8440b — Bankruptcy judges and magistrate judges

**(a)** (1) A bankruptcy judge or magistrate judge who is covered by [section 377 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section377&num=0&edition=prelim) or section 2(c) of the Retirement and Survivors’ Annuities for Bankruptcy Judges and Magistrates Act of 1988 may elect to contribute an amount of such individual’s basic pay to the Thrift Savings Fund. (2) An election may be made under paragraph (1) as provided under section 8432(b) for individuals subject to this chapter. **(b)** (1) Except as otherwise provided in this subsection, the provisions of this subchapter and subchapter VII shall apply with respect to bankruptcy judges and magistrate judges who make contributions to the Thrift Savings Fund under subsection (a) of this section. (2) The amount contributed by a bankruptcy judge or magistrate judge for any pay period shall not exceed the maximum percentage of such bankruptcy judge’s or magistrate judge’s basic pay for such pay period allowable under section 8440f. (3) No contributions shall be made under [section 8432(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8432/c&num=0&edition=prelim) for the benefit of a bankruptcy judge or magistrate judge making contributions under subsection (a) of this section. (4) (A) [Section 8433(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8433/b&num=0&edition=prelim) applies to a bankruptcy judge or magistrate judge who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and who retires entitled to an immediate annuity under [section 377 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section377&num=0&edition=

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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

5 U.S.C. § 5545a — Availability pay for criminal investigators

**(a)** For purposes of this section— (1) the term “available” refers to the availability of a criminal investigator and means that an investigator shall be considered generally and reasonably accessible by the agency employing such investigator to perform unscheduled duty based on the needs of an agency; (2) the term “criminal investigator” means a law enforcement officer as defined under section 5541(3) (other than an officer occupying a position under title II of Public Law 99–399, subject to subsection (k)) who is required to— (A) possess a knowledge of investigative techniques, laws of evidence, rules of criminal procedure, and precedent court decisions concerning admissibility of evidence, constitutional rights, search and seizure, and related issues; (B) recognize, develop, and present evidence that reconstructs events, sequences and time elements for presentation in various legal hearings and court proceedings; (C) demonstrate skills in applying surveillance techniques, undercover work, and advising and assisting the United States Attorney in and out of court; (D) demonstrate the ability to apply the full range of knowledge, skills, and abilities necessary for cases which are complex and unfold over a long period of time (as distinguished from certain other occupations that require the use of some investigative techniques in short-term situations that may end in arrest or detention); (E) possess knowledge of criminal laws and Federal rules of procedure which apply to cases involving crimes against the United States, including— (i) knowledge of the elements of a crime; (ii) evidence required to prove the crime; (iii) decisions involving arrest authority; (iv) methods of criminal operations; and (v) availability of detecti

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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

28 U.S.C. § 1 — Number of justices; quorum

The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum.

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

5 U.S.C. § 8401 — Definitions

For the purpose of this chapter— (1) the term “account” means an account established and maintained under [section 8439(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8439/a&num=0&edition=prelim); (2) the term “annuitant” means a former employee or Member who, on the basis of that individual’s service, meets all requirements for title to an annuity under subchapter II or V of this chapter and files claim therefor; (3) the term “average pay” means the largest annual rate resulting from averaging an employee’s or Member’s rates of basic pay in effect over any 3 consecutive years of service or, in the case of an annuity under this chapter based on service of less than 3 years, over the total service, with each rate weighted by the period it was in effect; (4) the term “basic pay” has the meaning given such term by section 8331(3); (5) the term “Board” means the Federal Retirement Thrift Investment Board established by [section 8472(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8472/a&num=0&edition=prelim); (6) the term “Civil Service Retirement and Disability Fund” or “Fund” means the Civil Service Retirement and Disability Fund under section 8348; (7) the term “court” means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court; (8) the term “Director” means the Director of the Office of Personnel Management; (9) the term “dynamic assumptions” means economic assumptions that are used in determining actuarial costs and liabilities of a retirement system and in anticipating the effects of long-term future— (A) investment yields; (B) increases in rates of basic p

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

5 U.S.C. § 8440a — Justices and judges

Page 1166 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8440a made to the Fund by an employee or Member merely because the employee or Member has, under the provisions of this subchapter and section 8351 of this title, an election whether the contribution will be made to the Thrift Savings Fund or received by the employee or Member in cash. (b) NONDISCRIMINATION REQUIREMENTS.—Not- withstanding any other provision of law, the Thrift Savings Fund is not subject to the non- discrimination requirements applicable to ar- rangements described in section 401(k) of title 26, United States Code, or to matching contribu- tions (as described in section 401(m) of title 26, United States Code), so long as it meets the re- quirements of this section. (c) Subsection (a) shall not be construed to provide that any amount of the employee’s or Member’s basic pay which is contributed to the Thrift Savings Fund shall not be included in the term ‘‘wages’’ for the purposes of section 209 of the Social Security Act or section 3121(a) of the Internal Revenue Code of 1986. (Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 557; amended Pub. L. 100–202, § 101(m) [title VI, § 624(b)], Dec. 22, 1987, 101 Stat. 1329–390, 1329–430; Pub. L. 100–647, title I, § 1011A(m)(2), Nov. 10, 1988, 102 Stat. 3483; Pub. L. 102–378, § 2(69), Oct. 2, 1992, 106 Stat. 1355; Pub. L. 103–353, § 5(e)(5), Oct. 13, 1994, 108 Stat. 3174.) Editorial Notes REFERENCES IN TEXT The Internal Revenue Code of 1986, referred to in sub- secs. (a) and (c), is classified generally to Title 26, In- ternal Revenue Code. Section 209 of the Social Security Act, referred to in subsec. (c), is classified to section 409 of Title 42, The Public Health and Welfare. AMENDMENTS 1994—Subsecs. (a), (

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