5 U.S.C. § 8440d — Judges of the United States Court of Ap-

Page 1170 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8440d and amended Pub. L. 102–198, § 7(c)(1), Dec. 9, 1991, 105 Stat. 1624; Pub. L. 102–572, title IX, § 902(b), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103–226, § 9(g), Mar. 30, 1994, 108 Stat. 121; Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 659 [title II, § 205(c)]], Sept. 30, 1996, 110 Stat. 3009–314, 3009–372, 3009–378; Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 138(a)(4)], Dec. 21, 2000, 114 Stat. 2763, 2763A–233; Pub. L. 108–469, § 1(d)(6), Dec. 21, 2004, 118 Stat. 3892.) Editorial Notes CODIFICATION Another section 8440c was renumbered section 8440d of this title. AMENDMENTS 2004—Subsec. (a)(2). Pub. L. 108–469 substituted ‘‘as’’ for ‘‘only during a period’’. 2000—Subsec. (b)(2). Pub. L. 106–554 substituted ‘‘the maximum percentage of such judge’s basic pay for such pay period allowable under section 8440f.’’ for ‘‘5 per- cent of basic pay for such pay period.’’ 1996—Subsec. (b)(7). Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 205(c)(1)]], inserted ‘‘of the distribution’’ after ‘‘equal to the amount’’. Subsec. (b)(8). Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 205(c)(2)]], substituted ‘‘less than an amount that the Executive Director prescribes by regulation’’ for ‘‘$3,500 or less’’ and struck out ‘‘unless the judge elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under section 8433(b)’’ before period at end. 1994—Subsec. (b)(4)(B). Pub. L. 103–226, § 9(g)(1), sub- stituted ‘‘Section 8433(b)’’ for ‘‘Section 8433(d)’’. Subsec. (b)(5). Pub. L. 103–226, § 9(g)(2), substituted ‘‘any of the actions described in paragraph (4)(A) or (B) shall be considered’’ for ‘‘retirement under section 178 of title 28 is’’. Subsec. (b)(8), (9). Pub. L. 103–226, § 9(g)(3), (4), redesig- nated par. (9) as (8), substituted ‘‘Notwithstanding paragraph (4)’’ for ‘‘Notwithstanding paragraph (4)(A)’’, and struck out former par. (8) which read as follows: ‘‘Notwithstanding paragraph (4)(B), if any Court of Fed- eral Claims judge who elects to make contributions to the Thrift Savings Fund under subsection (a) retires be- fore becoming entitled to an annuity under section 178 of title 28, and such judge’s nonforfeitable account bal- ance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the judge elects, at such time and otherwise in such manner as the Executive Director prescribes, to have the nonforfeitable account balance transferred to an eligible retirement plan as provided in section 8433(e).’’ 1992—Pub. L. 102–572, § 902(b)(2), substituted ‘‘Court of Federal Claims’’ for ‘‘Claims Court’’ in section catch- line. Subsec. (a)(1). Pub. L. 102–572, § 902(b)(1), substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. Subsec. (b)(1) to (5), (7) to (9). Pub. L. 102–572, § 902(b)(2), substituted ‘‘Court of Federal Claims’’ for ‘‘Claims Court’’ wherever appearing. 1991—Pub. L. 102–198, § 7(c)(1)(A), renumbered section 8440b of this title as this section. Subsec. (b)(4)(A). Pub. L. 102–198, § 7(c)(1)(B)(i), sub- stituted ‘‘subsection (c)’’ for ‘‘subsection (d)’’. Subsec. (b)(7). Pub. L. 102–198, § 7(c)(1)(B)(ii), redesig- nated par. (8) as (7) and struck out former par. (7) which read as follows: ‘‘Sums contributed pursuant to this section by Claims Court judges, as well as all previous contributions to the Thrift Savings Fund by those judges, and earnings attributable to such sums and con- tributions, may be invested and reinvested only in the Government Securities Investment Fund established under section 8438(b)(1)(A) of this title.’’ Subsec. (b)(8). Pub. L. 102–198, § 7(c)(1)(B)(ii), (iii) added par. (8) and redesignated former par. (8) as (7). Subsec. (b)(9). Pub. L. 102–198, § 7(c)(1)(B)(iii), added par. (9). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–208 effective Sept. 30, 1996, and withdrawals and elections as provided under such amendment to be made at earliest practicable date as determined by Executive Director in regulations, see section 101(f) [title VI, § 659 [title II, § 207]] of Pub. L. 104–208, set out as a note under section 5545a of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–226 effective Mar. 10, 1995, see section 9(j) of Pub. L. 103–226, set out as a note under section 8351 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1991 AMENDMENT Section 7(c)(3) of Pub. L. 102–198, as amended by Pub. L. 102–572, title IX, § 902(b)(2), Oct. 29, 1992, 106 Stat. 4516, provided that: ‘‘Paragraphs (8) and (9) of section 8440c(b) of title 5, United States Code (as added by para- graph (1)) shall be effective as of January 1, 1991, and shall apply to any Court of Federal Claims judge retir- ing on or after such date.’’ EFFECTIVE DATE Section applicable to judges of, and senior judges in active service with, the United States Court of Federal Claims on or after Dec. 1, 1990, see section 306(f) of Pub. L. 101–650, set out as an Effective Date of 1990 Amend- ment note under section 8331 of this title. § 8440d. Judges of the United States Court of Ap- peals for Veterans Claims (a)(1) A judge of the United States Court of Appeals for Veterans Claims may elect to con- tribute to the Thrift Savings Fund. (2) An election may be made under paragraph (1) as provided under section 8432(b) of this title for individuals subject to this chapter. (b)(1) Except as otherwise provided in this sub- section, the provisions of this subchapter and subchapter VII of this chapter shall apply with respect to a judge making contributions to the Thrift Savings Fund. (2) The amount contributed by a judge of the United States Court of Appeals for Veterans Claims for any pay period may not exceed the maximum percentage of such judge’s basic pay for such pay period allowable under section 8440f. Basic pay does not include any retired pay paid pursuant to section 7296 of title 38. (3) No contributions may be made for the ben- efit of a judge under section 8432(c) of this title. (4) Section 8433(b) of this title applies with re- spect to a judge who elects to make contribu- tions to the Thrift Savings Fund and retires under section 7296(b) of title 38. (5) Section 8433(b) of this title applies in the case of a judge who elects to make contributions to the Thrift Savings Fund and thereafter ceases to serve as a judge of the United States Court of Appeals for Veterans Claims but does not retire under section 7296(b) of title 38. Page 1171 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8440e 1 See References in Text note below. (6) The provisions of section 8351(b)(7) 1 of this title shall apply with respect to a judge who has elected to contribute to the Thrift Savings Fund under this section. (Added Pub. L. 102–82, § 5(a)(1), Aug. 6, 1991, 105 Stat. 376, § 8440c; renumbered § 8440d, Pub. L. 102–198, § 7(c)(4)(A), Dec. 9, 1991, 105 Stat. 1625, as amended by Pub. L. 102–378, § 5(d)(1), Oct. 2, 1992, 106 Stat. 1358; amended Pub. L. 103–226, § 9(h), Mar. 30, 1994, 108 Stat. 121; Pub. L. 105–368, title V, § 512(b)(1)(A), (2)(A), Nov. 11, 1998, 112 Stat. 3342; Pub. L. 106–361, § 2(b)(6), Oct. 27, 2000, 114 Stat. 1401; Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 138(a)(5)], Dec. 21, 2000, 114 Stat. 2763, 2763A–233; Pub. L. 108–469, § 1(d)(7), Dec. 21, 2004, 118 Stat. 3892.) Editorial Notes REFERENCES IN TEXT Section 8351(b)(7) of this title, referred to in subsec. (b)(6), was redesignated section 8351(b)(5) of this title by Pub. L. 103–226, § 9(a)(3), Mar. 30, 1994, 108 Stat. 119. AMENDMENTS 2004—Subsec. (a)(2). Pub. L. 108–469 substituted ‘‘as’’ for ‘‘only during a period’’. 2000—Subsec. (a)(2). Pub. L. 106–361 substituted ‘‘this chapter’’ for ‘‘chapter 84 of this title’’. Subsec. (b)(2). Pub. L. 106–554 amended first sentence generally. Prior to amendment, first sentence read as follows: ‘‘The amount contributed by a judge may not exceed 5 percent of the amount of the judge’s basic pay.’’ 1998—Pub. L. 105–368, § 512(b)(2)(A), substituted ‘‘Judges of the United States Court of Appeals for Vet- erans Claims’’ for ‘‘Judges of the United States Court of Veterans Appeals’’ in section catchline. Subsecs. (a)(1), (b)(5). Pub. L. 105–368, § 512(b)(1)(A), substituted ‘‘Court of Appeals for Veterans Claims’’ for ‘‘Court of Veterans Appeals’’. 1994—Subsec. (b)(5). Pub. L. 103–226 substituted ‘‘Sec- tion 8433(b) of this title applies’’ for ‘‘A transfer shall be made as provided in section 8433(d) of this title’’. 1992—Pub. L. 102–378 amended Pub. L. 102–198. See 1991 Amendment note below. 1991—Pub. L. 102–198, as amended by Pub. L. 102–378, renumbered section 8440c of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–361 effective at the ear- liest practicable date after Sept. 30, 2000, as determined by the Executive Director in regulations, see section 2(c)(1) of Pub. L. 106–361, set out as a note under section 8432 of this title. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of Title 38, Veterans’ Benefits. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–226 effective Mar. 10, 1995, see section 9(j) of Pub. L. 103–226, set out as a note under section 8351 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–378 effective Dec. 9, 1991, see section 9(b)(2) of Pub. L. 102–378, set out as a note under section 6303 of this title. FIRST ELECTION Section 5(b) of Pub. L. 102–82, as amended by Pub. L. 102–198, § 7(c)(4)(C), Dec. 9, 1991, 105 Stat. 1625, provided that: ‘‘A judge of the United States Court of Veterans Appeals on the date of the enactment of this Act [Aug. 6, 1991] may make an election under section 8440d(a) of title 5, United States Code, within 60 days after the date of the enactment of this Act.’’ § 8440e. Members of the uniformed services (a) For purposes of this section— (1) the term ‘‘basic pay’’ means basic pay payable under section 204 of title 37; (2) the term ‘‘full TSP member’’ means a member described in subsection (e)(1); (3) the term ‘‘member’’ has the meaning given the term in section 211 of title 37; and (4) the term ‘‘Secretary concerned’’ has the meaning given the term in section 101 of title 37. (b)(1) Any member eligible to participate in the Thrift Savings Plan by virtue of section 211(b) of title 37 may contribute to the Thrift Savings Fund. (2)(A) Except as provided in subparagraph (B), an election to contribute to the Thrift Savings Fund under this section may be made as pro- vided under section 8432(b). (B)(i) Notwithstanding subparagraph (A), any individual who is a member as of the effective date that applies with respect to such individual under section 663 of the National Defense Au- thorization Act for Fiscal Year 2000 may make the first such election during the 60-day period beginning on such effective date. (ii) An election made under this subparagraph shall take effect on the first day of the first ap- plicable pay period beginning after the close of the 60-day period referred to in clause (i). (c) Except as otherwise provided in this sec- tion, the provisions of this subchapter and sub- chapter VII shall apply with respect to members making contributions to the Thrift Savings Fund, and such members shall, for purposes of this subchapter and subchapter VII, be consid- ered employees within the meaning of section 8401(11). (d)(1)(A) The amount contributed by a member described in section 211(a)(1) of title 37 for any pay period out of basic pay may not exceed the maximum percentage of such member’s basic pay for such pay period allowable under section 8440f. (B) The amount contributed by a member de- scribed in section 211(a)(2) of title 37 for any pay period out of any compensation received under section 206 of title 37 may not exceed the max- imum percentage of such member’s compensa- tion for such pay period (received under such section 206) allowable under section 8440f. (2) A member making contributions to the Thrift Savings Fund out of basic pay, or out of compensation under section 206 of title 37, may also contribute (by direct transfer to the Fund) any part of any special or incentive pay that such member receives under chapter 5 of title 37. (3) Nothing in this section or section 211 of title 37 shall be considered to waive any dollar limitation under the Internal Revenue Code of 1986 which otherwise applies with respect to the Thrift Savings Fund.