Notes on 5 U.S.C. § 8401 : US Code - Notes
Search Notes on 5 U.S.C. § 8401 : US Code - Notes
(Added Pub. L. 99-335, title I, Sec. 101(a), June 6, 1986, 100
Stat. 517; amended Pub. L. 99-556, title I, Secs. 107, 109, 119,
Oct. 27, 1986, 100 Stat. 3132, 3134; Pub. L. 100-238, title I,
Secs. 103(a)(2), (c), (d)(2), 113(b)(1), Jan. 8, 1988, 101 Stat.
1744, 1745, 1750; Pub. L. 100-679, Sec. 13(a)(2), Nov. 17, 1988,
102 Stat. 4071; Pub. L. 101-335, Sec. 6(a)(1), July 17, 1990, 104
Stat. 322; Pub. L. 101-474, Sec. 5(o), Oct. 30, 1990, 104 Stat.
1100; Pub. L. 101-508, title VII, Sec. 7202(k)(1), Nov. 5, 1990,
104 Stat. 1388-338; Pub. L. 103-337, div. A, title XVI, Sec.
1677(a)(4), Oct. 5, 1994, 108 Stat. 3019; Pub. L. 103-353, Sec.
5(c), (e)(1), Oct. 13, 1994, 108 Stat. 3174; Pub. L. 104-208, div.
A, title I, Sec. 101(f) [title VI, Sec. 659 [title II, Sec.
206(a)(1)]], Sept. 30, 1996, 110 Stat. 3009-314, 3009-372, 3009-
378; Pub. L. 105-261, div. C, title XXXI, Sec. 3154(f), Oct. 17,
1998, 112 Stat. 2255; Pub. L. 106-65, div. A, title V, Sec.
522(c)(2), Oct. 5, 1999, 113 Stat. 597; Pub. L. 106-571, Sec.
3(c)(2), Dec. 28, 2000, 114 Stat. 3056; Pub. L. 108-83, title I,
Sec. 104(a), Sept. 30, 2003, 117 Stat. 1017; Pub. L. 108-176, title
II, Sec. 226(a)(2), Dec. 12, 2003, 117 Stat. 2529.)
REFERENCES IN TEXT
The Social Security Act, referred to in par. (11), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social
Security Act is classified generally to subchapter II (Sec. 401 et
seq.) of chapter 7 of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see section 1305
of Title 42 and Tables.
Chapter 21 of the Internal Revenue Code of 1986, referred to in
par. (11), is classified to chapter 21 (Sec. 3101 et seq.) of Title
26, Internal Revenue Code.
Section 103(6) of the Foreign Service Act of 1980, referred to in
par. (11)(iii), is classified to section 3903(6) of Title 22,
Foreign Relations and Intercourse.
The Federal Employees' Retirement System Act of 1986, referred to
in par. (17)(B), is Pub. L. 99-335, June 6, 1986, 100 Stat. 514, as
amended. For complete classification of this Act to the Code, see
Short Title note set out under section 8401 of this title and
Tables.
The Federal Employees' Retirement Contribution Temporary
Adjustment Act of 1983, referred to in pars. (19)(A) and
(27)(B)(iii)(II), is Pub. L. 98-168, title II, Nov. 29, 1983, 97
Stat. 1106, as amended, which is set out as a note under section
8331 of this title.
The date of the enactment of the Legislative Branch
Appropriations Act, 2004, referred to in par. (20), is the date of
enactment of Pub. L. 108-83, which was approved Sept. 30, 2003.
AMENDMENTS
2003 - Par. (20). Pub. L. 108-83 inserted before semicolon at end
", and who (in the case of an individual who is a Member of the
House of Representatives, including a Delegate or Resident
Commissioner to the Congress) serves as a Member prior to the date
of the enactment of the Legislative Branch Appropriations Act,
2004".
Par. (35). Pub. L. 108-176 added par. (35).
2000 - Par. (34). Pub. L. 106-571 added par. (34).
1999 - Par. (30). Pub. L. 106-65 amended par. (30) generally.
Prior to amendment, par. (30) read as follows: "the term 'military
reserve technician' means a member of one of the reserve components
of the armed forces specified in section 10101 of title 10 who -
"(A) is assigned to a civilian position as a technician in the
administration and training of such reserve components or in the
maintenance and repair of supplies issued to such reserve
components; and
"(B) as a condition of employment in such position, is required
to be a member of one of such reserve components serving in a
specified military grade;".
1998 - Par. (33). Pub. L. 105-261 added par. (33).
1996 - Par. (4). Pub. L. 104-208 struck out "except as provided
in subchapter III of this chapter," before "the term".
1994 - Par. (11). Pub. L. 103-353, Sec. 5(e)(1), in flush
provisions before cl. (i), substituted "Internal Revenue Code of
1986" for "Internal Revenue Code of 1954".
Par. (30). Pub. L. 103-337 substituted "section 10101" for
"section 261(a)" in introductory provisions.
Par. (31). Pub. L. 103-353, Sec. 5(c), in closing provisions,
inserted before semicolon "or full-time National Guard duty (as
such term is defined in section 101(d) of title 10) if such service
interrupts creditable civilian service under this subchapter and is
followed by reemployment in accordance with chapter 43 of title 38
that occurs on or after August 1, 1990".
1990 - Par. (11)(C). Pub. L. 101-508, Sec. 7202(k)(1)(A)(i)-
(iii), added subpar. (C).
Par. (11)(i)(I). Pub. L. 101-474 struck out "(v)," after "(i),".
Par. (11)(iv). Pub. L. 101-508, Sec. 7202(k)(1)(A)(iv)-(vi),
added cl. (iv).
Par. (15). Pub. L. 101-508, Sec. 7202(k)(1)(B), substituted ",
Gallaudet College, and, in the case of an employee described in
paragraph (11)(C), a nonappropriated fund instrumentality of the
Department of Defense or the Coast Guard described in section
2105(c);" for "and Gallaudet College;".
Par. (32). Pub. L. 101-335 added par. (32).
1988 - Par. (11)(A). Pub. L. 100-679 substituted "(J), or (K)"
for "or (J)".
Par. (11)(i)(II). Pub. L. 100-238, Sec. 103(d)(2), struck out
"(other than an employee of the United States Park Police, or the
United States Secret Service, whose civilian service after December
31, 1983, is such employment)".
Par. (11)(iii). Pub. L. 100-238, Sec. 113(b)(1), added cl. (iii).
Par. (14)(A)(ii). Pub. L. 100-238, Sec. 103(a)(2), substituted
"should be" for "are required to be".
Par. (14)(B). Pub. L. 100-238, Sec. 103(c)(2), substituted "for
at least 3 years" for "for at least 10 years".
Par. (17). Pub. L. 100-238, Sec. 103(a)(2), (c)(1), in subpar.
(A)(ii), substituted "should be" for "are required to be", added
subpar. (B), redesignated former subpar. (B) as (C) and amended it
generally, substituting "subparagraph (A) and (B) for at least 3
years" for "subparagraph (A) for at least 10 years", redesignated
former subpar. (C) as (D), and in concluding provisions,
substituted "should be" for "are required to be".
1986 - Par. (11). Pub. L. 99-556, Sec. 119, struck out "any of"
before "whose civilian service" in two places.
Par. (18). Pub. L. 99-556, Sec. 109, amended par. (18) generally.
Prior to amendment, par. (18) read as follows: "the term 'loss',
when used with respect to the Thrift Savings Fund, means the amount
of the loss resulting from the investment of sums in such Fund;".
Par. (19)(C), (D). Pub. L. 99-556, Sec. 107, added subpar. (C)
and redesignated former subpar. (C) as (D).
EFFECTIVE DATE OF 2003 AMENDMENT
Pub. L. 108-176, title II, Sec. 226(c), Dec. 12, 2003, 117 Stat.
2530, provided that:
"(1) In general. - This section [amending this section and
sections 8331, 8335, 8415, 8422, 8425, 8452, and 8468 of this
title] and the amendments made by this section -
"(A) shall take effect on the 60th day after the date of
enactment of this Act [Dec. 12, 2003]; and
"(B) shall apply with respect to -
"(i) any annuity entitlement to which is based on an
individual's separation from service occurring on or after the
effective date of this section; and
"(ii) any service performed by any such individual before,
on, or after the effective date of this section, subject to
paragraph (2).
"(2) Special rule. -
"(A) Deposit requirement. - For purposes of determining
eligibility for immediate retirement under section 8412(e) of
title 5, United States Code, the amendment made by subsection
(a)(2) [amending this section] shall, with respect to any service
described in subparagraph (B), be disregarded unless there is
deposited into the Civil Service Retirement and Disability Fund,
with respect to such service, in such time, form, and manner as
the Office of Personnel Management by regulation requires, an
amount equal to the amount by which -
"(i) the deductions from pay which would have been required
for such service if the amendments made by subsection (a)(2)
had been in effect when such service was performed, exceeds
"(ii) the unrefunded deductions or deposits actually made
under subchapter II of chapter 84 of such title with respect to
such service.
An amount under this subparagraph shall include interest,
computed under paragraphs (2) and (3) of section 8334(e) of such
title 5.
"(B) Prior service described. - This paragraph applies with
respect to any service performed by an individual before the
effective date of this section as an employee described in
section 8401(35)(B) of title 5, United States Code (as amended by
subsection (a)(2))."
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-261 effective at the beginning of the
first pay period that begins after Oct. 17, 1998, and applicable
only to an individual who is employed as a nuclear materials
courier, as defined by section 8331(27) or 8401(33) of this title,
after Oct. 17, 1998, see section 3154(m), (n) of Pub. L. 105-261,
set out as a note under section 8331 of this title.
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, Sec. 659
[title II, Sec. 207]] of Pub. L. 104-208, set out as a note under
section 5545a of this title.
EFFECTIVE DATE OF 1994 AMENDMENTS
Amendment by Pub. L. 103-353 effective with respect to
reemployments initiated on or after the first day after the 60-day
period beginning Oct. 13, 1994, with transition rules, see section
8 of Pub. L. 103-353, set out as an Effective Date note under
section 4301 of Title 38, Veterans' Benefits.
Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as
otherwise provided, see section 1691 of Pub. L. 103-337, set out as
an Effective Date note under section 10001 of Title 10, Armed
Forces.
EFFECTIVE DATE OF 1990 AMENDMENTS
Amendment by Pub. L. 101-508 applicable with respect to any
individual who, on or after Jan. 1, 1987, moves from employment in
nonappropriated fund instrumentality of Department of Defense or
Coast Guard, that is described in section 2105(c) of this title, to
employment in Department or Coast Guard, that is not described in
section 2105(c), or who moves from employment in Department or
Coast Guard, that is not described in section 2105(c), to
employment in nonappropriated fund instrumentality of Department or
Coast Guard, that is described in section 2105(c), see section
7202(m)(1) of Pub. L. 101-508, set out as a note under section 2105
of this title.
Amendment by Pub. L. 101-335 effective as of second election
period described in section 8432(b) of this title beginning after
July 17, 1990, or such earlier date as Executive Director may by
regulation prescribe, and applicable with respect to separations
occurring before, on, or after that effective date, see section
6(c) of Pub. L. 101-335, set out as a note under section 8351 of
this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by section 103(a)(2), (c), and (d)(2) of Pub. L. 100-
238, effective Jan. 1, 1987, see section 103(f) of Pub. L. 100-
238, set out as a note under section 3307 of this title.
Section 113(b)(2) of Pub. L. 100-238 provided that: "The
amendments made by paragraph (1) [amending this section] shall be
effective as of January 1, 1987. Any refund which becomes payable
as a result of the preceding sentence shall, to the extent that
such refund involves an individual's contributions to the Thrift
Savings Fund (established under section 8437 of title 5, United
States Code), be adjusted to reflect any earnings attributable
thereto."
EFFECTIVE DATE
Section 702(a), (b) of Pub. L. 99-335 provided that:
"(a) In General. - Except as provided in subsection (b), this Act
and the amendments made by this Act [see Short Title note below]
shall take effect on January 1, 1987.
"(b) Exceptions. - (1) Subchapter VII of chapter 84 of title 5,
United States Code, as added by section 101 of this Act, shall take
effect on the date of the enactment of this Act [June 6, 1986].
"(2) Except as provided in section 305 of this Act [enacting and
amending provisions set out as notes under section 8331 of this
title], title III of this Act, and the amendments made by such
title [amending sections 3121 and 6103 of Title 26, Internal
Revenue Code, section 1005 of Title 39, Postal Service, and section
410 of Title 42, The Public Health and Welfare, enacting provisions
set out as notes under this section and sections 8331, 8432, and
8472 of this title and section 6103 of Title 26, and amending
provisions set out as a note under section 8331 of this title],
shall take effect on the date of the enactment of this Act.
"(3) The amendments made by sections 204 and 205 of this Act
[enacting sections 8343a and 8350 of this title and amending
section 8342 of this title] shall take effect on the date of the
enactment of this Act.
"(4) Section 701 of this Act [enacting provisions set out as a
note under section 8472 of this title] shall take effect on the
date of the enactment of this Act.
"(5) Sections 505 [amending provisions formerly set out as a note
under section 403 of Title 50, War and National Defense] and 601 of
this Act and the amendments made by such section 601 [not
classified to the Code] shall take effect on the date of the
enactment of this Act."
Reference to a specific date in section 702(a) of Pub. L. 99-335,
set out above, for certain purposes, deemed to be a reference to
the first day of the first pay period beginning after such date, or
to the day before such day, as appropriate, see section 505 of Pub.
L. 99-556, set out as a Coordination With Pay Periods note under
section 8331 of this title.
SHORT TITLE OF 1999 AMENDMENT
Pub. L. 106-168, title II, Sec. 201, Dec. 12, 1999, 113 Stat.
1817, provided that: "This title [enacting section 8431 of this
title, amending sections 8351, 8402, and 8411 of this title, and
enacting provisions set out as notes under sections 8402 and 8431
of this title] may be cited as the 'Federal Reserve Board
Retirement Portability Act'."
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105-274, Sec. 1, Oct. 21, 1998, 112 Stat. 2419, provided
that: "This Act [amending section 8402 of this title and enacting
provisions set out as a note under section 8402 of this title] may
be cited as the 'District of Columbia Courts and Justice Technical
Corrections Act of 1998'."
SHORT TITLE OF 1996 AMENDMENT
Section 101(f) [title VI, Sec. 659 [title I, Sec. 101]] of Pub.
L. 104-208 provided that: "This title [title I (Secs. 101-104) of
section 659 of section 101(f) of Pub. L. 104-208, amending sections
8438 and 8439 of this title and enacting provisions set out as a
note under section 8438 of this title] may be cited as the 'Thrift
Savings Investment Funds Act of 1996'."
Section 101(f) [title VI, Sec. 659 [title II, Sec. 201]] of Pub.
L. 104-208 provided that: "This title [title II (Secs. 201-207) of
section 659 of section 101(f) of Pub. L. 104-208, amending this
section and sections 5545a, 8351, 8433, 8435, and 8440a to 8440c of
this title, repealing section 8431 of this title, enacting
provisions set out as notes under sections 5545a and 8433 of this
title, and amending provisions set out as a note under section 5343
of this title] may be cited as the 'Thrift Savings Plan Act of
1996'."
SHORT TITLE OF 1990 AMENDMENT
Section 1 of Pub. L. 101-335 provided that: "This Act [enacting
section 8432a of this title, amending this section and sections
3392, 8351, 8433 to 8435, 8438, 8440a, 8440b, and 8477 of this
title, renumbering former section 8440a of this title as section
8440b, enacting provisions set out as notes under sections 3392,
8351, 8432a, 8433, 8434, and 8438 of this title, and amending
provisions set out as a note under section 8477 of this title] may
be cited as the 'Thrift Savings Plan Technical Amendments Act of
1990'."
SHORT TITLE OF 1987 AMENDMENT
Pub. L. 100-43, Sec. 1, May 22, 1987, 101 Stat. 315, provided:
"That this Act [amending section 8438 of this title] may be cited
as the 'Thrift Savings Fund Investment Act of 1987'."
SHORT TITLE OF 1986 AMENDMENT
Section 1 of Pub. L. 99-556 provided that: "This Act [enacting
section 8478a of this title and section 4069 of Title 22, Foreign
Relations and Intercourse, amending this section and sections 6301,
8332, 8350, 8402, 8411 to 8413, 8415, 8421a, 8442, 8443, 8452,
8457, 8461, 8462, 8477, 8478, and 8901 of this title and sections
4046, 4064, 4071c, 4071d, and 4071j of Title 22, enacting
provisions set out as notes under sections 6301, 8331, 8332, 8335,
8341, 8477, and 8478 of this title and section 4046 of Title 22,
and amending provisions set out as notes under sections 8331 and
8341 of this title] may be cited as the 'Federal Employees'
Retirement System Technical Corrections Act of 1986'."
SHORT TITLE
Section 100(a) of Pub. L. 99-335 provided that: "This Act
[enacting this chapter, sections 8343a, 8349, 8350, and 8351 of
this title, and sections 4068 and 4071 to 4071k of Title 22,
Foreign Relations and Intercourse, amending sections 2105, 2109,
5102, 5314, 6301, 6303, 8116, 8331, 8332, 8334, 8342, 8347, 8348,
8701, 8706, 8714, 8714b, 8714c, 8901, and 8905 of this title,
section 1605 of Title 10, Armed Forces, sections 4041 to 4049, 4054
to 4056, 4058, 4060, 4061, 4063, 4064, 4066, and 4067 of Title 22,
sections 3121 and 6103 of Title 26, Internal Revenue Code, section
1005 of Title 39, Postal Service, and section 410 of Title 42, The
Public Health and Welfare, enacting provisions set out as notes
under this section and sections 8331, 8351, 8432, and 8472 of this
title, sections 3901 and 4046 of Title 22, and section 6103 of
Title 26, and amending provisions set out as notes under section
8331 of this title and sections 402 and 403 of Title 50, War and
National Defense] may be cited as the 'Federal Employees'
Retirement System Act of 1986'."
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 relating 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
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
ELECTION
Pub. L. 108-83, title I, Sec. 104(b), Sept. 30, 2003, 117 Stat.
1018, provided that:
"(1) During the 60-day period which begins on the date of the
enactment of the Legislative Branch Appropriations Act, 2004 [Sept.
30, 2003], any individual who, as of such date, is serving as a
Member of the House of Representatives and on such date is not
subject to chapter 84 of title 5, United States Code, may elect to
become subject to such chapter.
"(2) Any election under this paragraph shall be carried out in
accordance with such procedures as the Office of Personnel
Management may provide.
"(3) In this subsection, the term 'Member of the House of
Representatives' includes a Delegate or Resident Commissioner to
the Congress."
SERVICE AS LAW ENFORCEMENT OFFICER
Pub. L. 104-52, title VI, Sec. 640, Nov. 19, 1995, 109 Stat. 513,
as amended by Pub. L. 104-208, div. A, title I, Sec. 101(f) [title
VI, Sec. 629(a)], Sept. 30, 1996, 110 Stat. 3009-314, 3009-362,
provided that: "Hereafter, service performed during the period
January 1, 1984, through December 31, 1986, which would, if
performed after that period, be considered service as a law
enforcement officer, as defined in section 8401(17)(A)(i)(II) and
(B) of title 5, United States Code, shall be deemed service as a
law enforcement officer for the purposes of chapter 84 of such
title."
[Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI, Sec.
629(b)], Sept. 30, 1996, 110 Stat. 3009-314, 3009-362, provided
that: "The amendment made by subsection (a) [amending section 640
of Pub. L. 104-52, set out above] shall take effect as if included
in Public Law 104-52 on the date of its enactment [Nov. 19,
1995]."]
CONGRESSIONAL DECLARATION OF PURPOSE
Section 100A of Pub. L. 99-335 provided that: "The purposes of
this Act [see Short Title note above] are -
"(1) to establish a Federal employees' retirement plan which is
coordinated with title II of the Social Security Act [42 U.S.C.
401 et seq.];
"(2) to ensure a fully funded and financially sound retirement
benefits plan for Federal employees;
"(3) to enhance portability of retirement assets earned as an
employee of the Federal Government;
"(4) to provide options for Federal employees with respect to
retirement planning;
"(5) to assist in building a quality career work force in the
Federal Government;
"(6) to encourage Federal employees to increase personal
savings for retirement; and
"(7) to extend financial protection from disability to
additional Federal employees and to increase such protection for
eligible Federal employees."
USE OF NORMAL-COST PERCENTAGE
Section 307 of Pub. L. 99-335, as amended by Pub. L. 100-366,
Sec. 1, July 13, 1988, 102 Stat. 826, provided that:
"Notwithstanding any other provision of law, the normal-cost
percentage (as defined by section 8401(23) of title 5, United
States Code, as added by this Act) of the Federal Employees'
Retirement System shall be used to value the cost of such System to
the Civil Service Retirement and Disability Fund for all purposes
in which the cost of the System is required to be determined by the
Federal Government. For any comparisons between the cost of
performing commercial activities under the contract with commercial
sources and the cost of performing such activities using Government
facilities and personnel, the cost of the System shall include the
cost of such System to the Civil Service Retirement and Disability
Fund as specified in the preceding sentence, the cost of the thrift
savings plan under subchapter III of chapter 84 of title 5, United
States Code, and the cost of social security."
FIRST COST-OF-LIVING ADJUSTMENT
Section 702(c) of Pub. L. 99-335 provided that:
"(1) For purposes of the first adjustment under subsection (b) of
section 8462 of title 5, United States Code (as added by section
101 of this Act), the base quarter ending on September 30, 1986,
shall be considered to have been the base quarter for a year in
which an adjustment under such subsection was made.
"(2) As used in paragraph (1), the term 'base quarter' has the
meaning provided by section 8462(a)(1) of title 5, United States
Code (as added by section 101 of this Act)."
(!1) So in original. The period probably should be a semicolon.