37 U.S.C. § 211 : US Code - Section 211: Participation in Thrift Savings Plan

Search 37 U.S.C. § 211 : US Code - Section 211: Participation in Thrift Savings Plan

(a) Definition. - In this section, the term "member" means -
(1) a member of the uniformed services serving on active duty;
and
(2) a member of the Ready Reserve in any pay status.
(b) Authority. - Any member may participate in the Thrift Savings
Plan in accordance with section 8440e of title 5.
(c) Rule of Construction Regarding Separation. - For purposes of
subchapters III and VII of chapter 84 of title 5, each of the
following actions shall, in the case of a member participating in
the Thrift Savings Plan in accordance with section 8440e of such
title, be considered a separation from Government employment:
(1) Release of the member from active duty, not followed,
before the end of the 31-day period beginning on the day
following the effective date of the release, by -
(A) a resumption of active duty; or
(B) an appointment to a position covered by chapter 83 or 84
of title 5 or an equivalent retirement system, as identified by
the Executive Director (appointed by the Federal Retirement
Thrift Investment Board) in regulations.
(2) Transfer of the member to inactive status, or to a retired
list pursuant to any provision of title 10.
(d) Agency Contributions for Retention in Critical Specialties
and First-Time Enlistees. - (1) The Secretary concerned may enter
into an agreement with a member to make contributions to the Thrift
Savings Fund for the benefit of the member if the member -
(A)(i) is in a specialty designated by the Secretary as
critical to meet requirements (whether such specialty is
designated as critical to meet wartime or peacetime
requirements); and
(ii) commits in such agreement to continue to serve on active
duty in that specialty for a period of 6 years; or
(B) is enlisting in the armed forces for the first time and the
period of the member's enlistment is not less than two years.
(2) Under any agreement entered into with a member under
paragraph (1)(A), the Secretary shall make contributions to the
Fund for the benefit of the member for each pay period of the 6-
year period of the agreement for which the member makes a
contribution to the Fund under section 8440e of title 5 (other than
under subsection (d)(2) thereof).
(3) In the case of a member described by paragraph (1)(B), the
Secretary shall make contributions to the Fund for the benefit of
the member for each pay period of the enlistment of the member
described in that paragraph for which the member makes a
contribution to the Fund under section 8440e of title 5 (other than
under subsection (d)(2) thereof).
(4) Paragraph (2) of section 8432(c) of title 5 applies to the
Secretary's obligation to make contributions under this subsection,
except that the reference in such paragraph (2) to contributions
under paragraph (1) of such section 8432(c) does not apply.