5 U.S.C. § 2106 — Member of Congress

Page 304 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 2106 EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92–392 effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of Pub. L. 92–392, set out as an Effective Date note under section 5341 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note pre- ceding section 101 of Title 39, Postal Service. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–486 effective Jan. 1, 1968, except that no deductions or withholding from salary which result therefrom shall commence before the first day of the first pay period that begins on or after Jan. 1, 1968, see section 11 of Pub. L. 90–486, set out as a note under section 709 of Title 32, National Guard. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. TREATMENT OF INDIVIDUALS ELECTING TO REMAIN SUBJECT TO THEIR FORMER RETIREMENT SYSTEM Pub. L. 101–508, title VII, § 7202(n), Nov. 5, 1990, 104 Stat. 1388–340, as amended by Pub. L. 102–378, § 5(a)(2), Oct. 2, 1992, 106 Stat. 1358, provided that: ‘‘(1) For the purpose of this section [amending this section and sections 3502, 5334, 5335, 5365, 5551, 6308, 6312, 8331, 8347, 8401, 8461, and 8901 of this title and enacting provisions set out as notes under this section and sec- tion 2101 of this title], the term ‘nonappropriated fund instrumentality’ means a nonappropriated fund instru- mentality of the Department of Defense or the Coast Guard, described in section 2105(c) of title 5, United States Code. ‘‘(2)(A) If an individual makes an election under sec- tion 8347(q)(1) of title 5, United States Code, to remain covered by subchapter III of chapter 83 of such title, any nonappropriated fund instrumentality thereafter employing such individual shall deduct from such indi- vidual’s pay and contribute to the Thrift Savings Fund such sums as are required for such individual in accord- ance with section 8351 of such title. ‘‘(B) Notwithstanding subsection (a) or (b) of section 8432 of title 5, United States Code, any individual who, as of the date of enactment of this Act [Nov. 5, 1990], becomes eligible to make an election under section 8347(q)(1) of such title may, within 30 days after such individual makes an election thereunder in accordance with subsection (m)(2) [set out as a note above], make any election described in section 8432(b)(1)(A) of such title. ‘‘(3)(A) If an individual makes an election under sec- tion 8461(n)(1) of title 5, United States Code, to remain covered by chapter 84 of such title, any non- appropriated fund instrumentality thereafter employ- ing such individual shall deduct from such individual’s pay and shall contribute to the Thrift Savings Fund the funds deducted, together with such other sums as are required for such individual under subchapter III of such chapter. ‘‘(B) Notwithstanding subsection (a) or (b) of section 8432 of title 5, United States Code, any individual who, as of the date of enactment of this Act, becomes eligi- ble to make an election under section 8461(n)(1) of such title may, within 30 days after such individual makes an election thereunder in accordance with subsection (m)(2), make any election described in section 8432(b)(1)(A) of such title. ‘‘(4) If an individual makes an election under section 8347(q)(2) or 8461(n)(2) of title 5, United States Code, to remain covered by a retirement system established for employees described in section 2105(c) of such title, any Government agency thereafter employing such indi- vidual shall, in lieu of any deductions or contributions for which it would otherwise be responsible with re- spect to such individual under chapter 83 or 84 of such title, make such deductions from pay and such con- tributions as would be required (under the retirement system for nonappropriated fund employees involved) if it were a nonappropriated fund instrumentality. Any such deductions and contributions shall be remitted to the Department of Defense or the Coast Guard, as ap- plicable, for transmission to the appropriate retire- ment system.’’ [Amendment by Pub. L. 102–378 to section 7202(n) of Pub. L. 101–508, set out above, effective Nov. 5, 1990, see section 9(b)(6) of Pub. L. 102–378, set out as an Effective Date of 1992 Amendment note under section 6303 of this title.] PROHIBITION OF DECREASE IN BASIC PAY RATE OF EM- PLOYEES OF NONAPPROPRIATED FUND INSTRUMENTAL- ITIES Amendments by Pub. L. 92–392 not to decrease basic pay rate of subsec. (c) employees in service before effec- tive date of the amendments as to such employees, see section 9(a)(2) of Pub. L. 92–392, set out as a note under section 5343 of this title. § 2106. Member of Congress For the purpose of this title, ‘‘Member of Con- gress’’ means the Vice President, a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 409; Pub. L. 91–405, title II, § 204(b), Sept. 22, 1970, 84 Stat. 852; Pub. L. 96–54, § 2(a)(7), Aug. 14, 1979, 93 Stat. 381.) HISTORICAL AND REVISION NOTES The section is supplied to avoid the necessity of de- fining ‘‘Member of Congress’’ each time the term is used in this title. Editorial Notes AMENDMENTS 1979—Pub. L. 96–54 substituted ‘‘to the House of Rep- resentatives’’ for ‘‘from the District of Columbia’’. 1970—Pub. L. 91–405 included Delegate from District of Columbia. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–405 effective Sept. 22, 1970, see section 206(b) of Pub. L. 91–405, set out as an Effec- tive Date note under section 25a of Title 2, The Con- gress. § 2107. Congressional employee For the purpose of this title, ‘‘Congressional employee’’ means—