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5 U.S.C. § 8478a — Investigative authority
Federal law — U.S. Code and appendices · legal_authorities
Any authority available to the Secretary of Labor under section 504 of the Employee Retirement Income Security Act of 1974 is hereby made available to the Secretary of Labor, and any officer designated by the Secretary of Labor, to determine whether any person has violated, or is about to violate, any provision of section 8477 or 8478.
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Stable record: federal_law:legal_authorities:record_usc_a39de660c11f001bbdd139ab
Source file: Laws/federal/codes/united-states-code/title-5/section-8478a-investigative-authority--71cb00d5ad.md
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Source location: Title 5, Chapter 84, § 8478a; chapter-084-federal-employees-retirement-system.md
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Any authority available to the Secretary of Labor under section 504 of the Employee Retirement Income Security Act of 1974 is hereby made available to the Secretary of Labor, and any officer designated by the Secretary of Labor, to determine whether any person has violated, or is about to violate, any provision of section 8477 or 8478.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Investigation and submission of reports, books, etc.** The Secretary shall have the power, in order to determine whether any person has violated or is about to violate any provision of this subchapter or any regulation or order thereunder—
(1) to make an investigation, and in connection therewith to require the submission of reports, books, and records, and the filing of data in support of any information required to be filed with the Secretary under this subchapter, and
(2) to enter such places, inspect such books and records and question such persons as he may deem necessary to enable him to determine the facts relative to such investigation, if he has reasonable cause to believe there may exist a violation of this subchapter or any rule or regulation issued thereunder or if the entry is pursuant to an agreement with the plan.
The Secretary may make available to any person actually affected by any matter which is the subject of an investigation under this section, and to any department or agency of the United States, information concerning any matter which may be the subject of such investigation; except that any information obtained by the Secretary pursuant to [section 6103(g) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section6103/g&num=0&edition=prelim) shall be made available only in accordance with regulations prescribed by the Secretary of the Treasury.
**(b) Frequency of submission of books and records** The Secretary may not under the authority of this section require any plan to submit to the Secretary any books or records of the plan more than once in any 12 month period, unless the Secretary has reasonable cause to believe there may exist a violation of this subchapter or any regulation or order thereunder.
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8401
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Federal law — U.S. Code and appendices · legal_authorities
Page 1200
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8478a
the part of the bonded person directly or
through connivance with others;
(2) shall have as surety thereon a corporate
surety company which is an acceptable surety
on Federal bonds under authority granted by
the Secretary of the Treasury pursuant to sec-
tions 9304 through 9308 of title 31; and
(3) shall be in a form or of a type approved
by the Secretary of Labor, including indi-
vidual bonds or schedule or blanket forms of
bonds which cover a group or class.
(d)(1) It shall be unlawful for any person to
whom subsection (a) applies, to receive, handle,
disburse, or otherwise exercise custody or con-
trol of any of the funds or other property of the
Thrift Savings Fund without being bonded as re-
quired by this section.
(2) It shall be unlawful for any fiduciary, or
any other person having authority to direct the
performance of functions described in paragraph
(1), to permit any such function to be performed
by any person to whom subsection (a) applies
unless such person has met the requirements of
such subsection.
(e) Notwithstanding any other provision of
law, any person who is required to be bonded as
provided in subsection (a) shall be exempt from
any other provision of law which would, but for
this subsection, require such person to be bond-
ed for the handling of the funds or other prop-
erty of the Thrift Savings Fund.
(f) The Secretary of Labor shall prescribe such
regulations as may be necessary to carry out the
provisions of this section, including exempting a
person or class of persons from the requirements
of this section.
(Added Pub. L. 99–335, title I, § 101(a), June 6,
1986, 100 Stat. 586; amended Pub. L. 99–556, title
I, §§ 108, 115, Oct. 27, 1986, 100 Stat. 3
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