5 U.S.C. § 8440f — Maximum percentage allowable for cer-

Page 1173 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8441 title VI, § 661(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–167, provided that: ‘‘(a) IN GENERAL.—Except as provided in subsection (b), the amendments made by this subtitle [subtitle F (§§ 661–663) of title VI of div. A of Pub. L. 106–65, enact- ing this section and section 211 of Title 37, Pay and Al- lowances of the Uniformed Services, and amending sec- tions 8351, 8432b, 8433, 8439, and 8473 of this title and sec- tion 211 of Title 37] shall take effect 180 days after the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 [Oct. 30, 2000]. ‘‘(b) POSTPONEMENT AUTHORITY.—(1) The Secretary of Defense may postpone by up to 180 days after the date that would otherwise apply under subsection (a)— ‘‘(A) the date as of which the amendments made by this subtitle shall take effect; or ‘‘(B) the date as of which section 211(a)(2) of title 37, United States Code (as added by this subtitle) shall take effect. ‘‘(2) Postponement authority under this subsection may be exercised only to the extent that the failure to do so would prevent the Federal Retirement Thrift In- vestment Board from being able to provide timely and accurate services to investors or would place an exces- sive burden on the administrative capacity of the Board to accommodate participants in the Thrift Sav- ings Plan, as determined by the Secretary of Defense after consultation with the Executive Director (ap- pointed by the Board). ‘‘(3) Paragraph (1) includes the authority to postpone the effective date of the amendments made by this sub- title (apart from section 211(a)(2) of title 37, United States Code), and the effective date of such section 211(a)(2), by different lengths of time. ‘‘(4) The Secretary shall notify the congressional de- fense committees [Committees on Armed Services and Appropriations of the Senate and the House of Rep- resentatives], the Committee on Government Reform [now Committee on Oversight and Accountability] of the House of Representatives, and the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate of any determination made under this subsection.’’ REGULATIONS Pub. L. 106–65, div. A, title VI, § 661(b), Oct. 5, 1999, 113 Stat. 672, as amended by Pub. L. 106–398, § 1 [[div. A], title VI, § 661(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–167, provided that: ‘‘Not later than the 180th day after the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 [Oct. 30, 2000], the Executive Director (appointed by the Federal Retirement Thrift Investment Board) shall issue regu- lations to implement the amendments made by this subtitle [subtitle F (§§ 661–663) of title VI of div. A of Pub. L. 106–65, enacting this section and section 211 of Title 37, Pay and Allowances of the Uniformed Serv- ices, and amending sections 8351, 8432b, 8433, 8439, and 8473 of this title and section 211 of Title 37].’’ § 8440f. Maximum percentage allowable for cer- tain participants (a) The maximum percentage allowable under this section shall be determined in accordance with the following table: In the case of a pay period beginning in fiscal year: The maximum percentage allowable is: 2001 ................................................ 6 2002 ................................................ 7 2003 ................................................ 8 2004 ................................................ 9 2005 ................................................ 10 2006 or thereafter .......................... 100. (b) Notwithstanding any limitation under this section, 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 Execu- tive Director consistent therewith. (Added Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 138(a)(7)(A)], Dec. 21, 2000, 114 Stat. 2763, 2763A–234; amended Pub. L. 107–304, § 1(b)(2), Nov. 27, 2002, 116 Stat. 2363.) Editorial Notes REFERENCES IN TEXT Section 414(v) of the Internal Revenue Code of 1986, referred to in subsec. (b), is classified to section 414(v) of Title 26, Internal Revenue Code. AMENDMENTS 2002—Pub. L. 107–304 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–304 effective as of the ear- liest practicable date determined by the Executive Di- rector in regulations, see section 1(c) of Pub. L. 107–304, set out as a note under section 8351 of this title. SUBCHAPTER IV—SURVIVOR ANNUITIES § 8441. Definitions For the purpose of this subchapter— (1) the term ‘‘widow’’ means the surviving wife of an employee, Member, or annuitant, or of a former employee or Member, who— (A) was married to him for at least 9 months immediately before his death; or (B) is the mother of issue by that mar- riage; (2) the term ‘‘widower’’ means the surviving husband of an employee, Member, or annu- itant, or of a former employee or Member, who— (A) was married to her for at least 9 months immediately before her death; or (B) is the father of issue by that marriage; (3) the term ‘‘dependent’’, in the case of any child, means that the employee, Member, or annuitant involved was, at the time of death of the employee, Member, or annuitant either living with or contributing to the support of such child, as determined in accordance with such regulations as the Office shall prescribe; and (4) the term ‘‘child’’ means— (A) an unmarried dependent child under 18 years of age, including (i) an adopted child, (ii) a stepchild but only if the stepchild lived with the employee, Member, or annuitant in a regular parent-child relationship, (iii) a recognized natural child, and (iv) a child who lived with and for whom a petition of adoption was filed by an employee, Member, or annuitant and who is adopted by the widow or widower of the employee, Member, or annuitant after the death of such em- ployee, Member, or annuitant; (B) such unmarried dependent child re- gardless of age who is incapable of self-sup- port because of mental or physical disability incurred before age 18; or