5 U.S.C. § 8432a — Payment of lost earnings

Page 1148 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8432a INAPPLICABILITY OF LIMITATION ON NUMBER OF ELECTIONS WITHIN A SIX-MONTH PERIOD Pub. L. 99–509, title VI, § 6001(c), Oct. 21, 1986, 100 Stat. 1931, provided that the requirement that contributions be made for a 6-month period after an election, as pro- vided in 5 U.S.C. 8432(a), did not apply to contributions made pursuant to an election made during the period provided in former 5 U.S.C. 8432(b)(4) or section 206(b) of Pub. L. 99–335, formerly set out as a note under section 8351 of this title; that the first election period pre- scribed under 5 U.S.C. 8432(b)(1) commence on July 1, 1987; and that each employee or Member who made such an election could make an election under 5 U.S.C. 8432(b)(1) during the election period that began on July 1, 1987. PLAN FOR DELAYED CONTRIBUTIONS TO THRIFT SAVINGS FUND Pub. L. 99–335, title III, § 312, June 6, 1986, 100 Stat. 608, directed Executive Director of Federal Retirement Thrift Investment Board to transmit to Congress, not later than Jan. 1, 1988, a plan to afford Federal employ- ees and Members of Congress who make less than max- imum amount of authorized contributions to Thrift Savings Fund in any period an opportunity to con- tribute to such Fund, in a later period, the excess of such amount over the amount contributed during such period, with plan to include such recommendations for legislation as Executive Director considered appro- priate. § 8432a. Payment of lost earnings (a)(1) The Executive Director shall prescribe regulations under which an employing agency shall be required to pay to the Thrift Savings Fund amounts representing lost earnings result- ing from errors (including errors of omission) made by such agency in carrying out this sub- chapter, subject to paragraph (2). (2) If the error involves an employing agency’s failure to deduct from basic pay contributions (in whole or in part) on behalf of an individual in accordance with section 8432(a), the regula- tions shall not provide for the payment of any lost earnings which would be attributable to— (A) the contributions that the agency failed to deduct from basic pay in accordance with section 8432(a); or (B) any related contributions under section 8432(c)(2) that the employing agency is not re- quired (by statute or otherwise) to make up. (b) The regulations— (1) shall include— (A) procedures for computing lost earn- ings; and (B) procedures under which amounts paid to the Thrift Savings Fund under this sec- tion shall be credited to appropriate ac- counts; (2) may provide for exceptions from the re- quirements of this section to the extent that correction of an error is not administratively feasible; (3) may require an employing agency to re- imburse the Thrift Savings Fund for costs in- curred by the Thrift Savings Fund in imple- menting corrections of employing agency er- rors under this section; and (4) may include such other provisions as the Executive Director determines appropriate to carry out this section. (c) Any amounts required to be paid by an em- ploying agency under this section shall be paid from the appropriation or fund available to the employing agency for payment of salaries of the participant’s office or establishment. If a partic- ipant in the legislative branch is paid by the Chief Administrative Officer of the House of Representatives, the Chief Administrative Offi- cer may pay from the applicable accounts of the House of Representatives the amount required to be paid to correct errors relating to the Thrift Savings Fund that otherwise would be paid from the appropriation or fund used to pay the participant. (Added Pub. L. 101–335, § 2(a)(1), July 17, 1990, 104 Stat. 319; amended Pub. L. 104–186, title II, § 215(17), Aug. 20, 1996, 110 Stat. 1746.) Editorial Notes AMENDMENTS 1996—Subsec. (c). Pub. L. 104–186 substituted ‘‘Chief Administrative Officer of the House of Representatives, the Chief Administrative Officer may pay from the ap- plicable accounts’’ for ‘‘Clerk of the House of Rep- resentatives, the Clerk may pay from the contingent fund’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 101–335, § 2(b), July 17, 1990, 104 Stat. 320, pro- vided that: ‘‘The amendments made by this section [en- acting this section] shall apply with respect to lost earnings attributable to errors made before, on, or after the date of enactment of this Act [July 17, 1990].’’ § 8432b. Contributions of persons who perform military service (a) This section applies to any employee who— (1) separates or enters leave-without-pay status in order to perform military service; and (2) is subsequently restored to or reemployed in a position which is subject to this chapter, pursuant to chapter 43 of title 38. (b)(1) Each employee to whom this section ap- plies may contribute to the Thrift Savings Fund, in accordance with this subsection, an amount not to exceed the amount described in paragraph (2). (2) The maximum amount which an employee may contribute under this subsection is equal to— (A) the contributions under section 8432(a) which would have been made, over the period beginning on date of separation or commence- ment of leave-without-pay status (as applica- ble) and ending on the day before the date of restoration or reemployment (as applicable); reduced by (B) any contributions under section 8432(a) or 8440e actually made by such employee over the period described in subparagraph (A). (3) Contributions under this subsection— (A) shall be made at the same time and in the same manner as would any contributions under section 8432(a); (B) shall be made over the period of time specified by the employee under paragraph (4)(B); and (C) shall be in addition to any contributions then actually being made under section 8432(a).