§ 211. — Participation in Thrift Savings Plan.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC211]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 3--BASIC PAY
Sec. 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.--(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) 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
(B) commits in such agreement to continue to serve on active
duty in that specialty for a period of 6 years.
(2) Under any agreement entered into with a member under paragraph
(1), 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). Paragraph
(2) of section 8432(c) of title 5 applies to the Secretary's obligation
to make contributions under this paragraph, except that the reference in
such paragraph (2) to contributions under paragraph (1) of such section
8432(c) does not apply.
(Added and amended Pub. L. 106-65, div. A, title VI, Secs. 661(a)(1)(A),
662, Oct. 5, 1999, 113 Stat. 670, 672.)
Amendments
1999--Subsec. (d). Pub. L. 106-65, Sec. 662, added subsec. (d).
Effective Date
Section and amendment by Pub. L. 106-65 effective 180 days after
Oct. 30, 2000, unless postponed, see section 663 of Pub. L. 106-65, as
amended, set out as a note under section 8440e of Title 5, Government
Organization and Employees.
Section Referred to in Other Sections
This section is referred to in title 5 sections 8432b, 8440e.
