5 C.F.R. PART 1620—EXPANDED AND CONTINUING ELIGIBILITY
Title 5 - Administrative Personnel
Authority: 5 U.S.C. 8474(b)(5) and (c)(1).
Subpart C also issued under 5 U.S.C. 8440a(b)(7), 8440b(b)(8), and 8440c(b)(8). Subpart D also issued under sec. 1043(b) of Pub. L. 104–106, 110 Stat. 186, and sec. 7202(m)(2) of Pub. L. 101–508, 104 Stat. 1388. Subpart E also issued under 5 U.S.C. 8432b(1) and 8440e. Source: 64 FR 31057, June 9, 1999, unless otherwise noted.
The Federal Employees' Retirement System Act of 1986 (codified as amended largely at 5 U.S.C. 8351 and 8401 through 8479) originally limited TSP eligibility to specifically named groups of employees. On various occasions, Congress has since expanded TSP eligibility to other groups. Depending on the circumstances, that subsequent legislation requires retroactive contributions or provides other special features. Where necessary, this part describes those special features. The employees and employing agencies covered by this part are also governed by the other regulations in 5 CFR chapter VI to the extent that they do not conflict with the regulations of this part. [64 FR 31057, June 9, 1999, as amended at 70 FR 32213, June 1, 2005] The definitions generally applicable to the Thrift Savings Plan are set forth at 5 CFR 1690.1. [70 FR 32213, June 1, 2005] The employing agency is responsible for transmitting to the Board's record keeper, in accordance with Board procedures, any employee and employer contributions that are required by this part. An employing agency must notify affected employees of the application of this part as soon as practicable. As used in this subpart, employing authority means the entity that employs an individual described in §1620.11 and which has the authority to make personnel compensation decisions for such employee. This subpart applies to any individual participating in CSRS or FERS who: (a) Has been appointed or otherwise assigned to one of the cooperative extension services, as defined in 7 U.S.C. 3103(5); (b) Has entered on approved leave without pay to serve as a full-time officer or employee of an organization composed primarily of employees as defined by 5 U.S.C. 8331(1) and 8401(11); or (c) Has been assigned, on an approved leave-without-pay basis, from a Federal agency to a state or local government under 5 U.S.C. chapter 33, subchapter VI. The employing authority, at its sole discretion, may choose to make employer contributions under 5 U.S.C. 8432(c) for employees who are covered under FERS. Such contributions may be made for any period of eligible service after January 1, 1984, provided that the employing agency must treat all its employees who are eligible to receive employer contributions in the same manner. The employing authority can commence or terminate employer contributions at any time after providing all affected employees with notice of a decision to commence or terminate such contributions at least 45 days before the beginning of the applicable election period. The employing authority may not contribute to the TSP on behalf of CSRS employees. [64 FR 31057, June 9, 1999, as amended at 70 FR 32213, June 1, 2005] (a) An employing authority can make retroactive employer contributions on behalf of FERS employees described in this subpart, but cannot duplicate employer contributions already made to the TSP. (b) An employing authority making retroactive employing agency contributions on behalf of a FERS employee described in §1620.12 must continue those contributions (but only to the extent they relate to service with the employing authority) if the employee returns to his or her agency of record or is transferred to another Federal agency without a break in service. (c) CSRS and FERS employees covered by this subpart can make retroactive employee contributions relating to periods of service described in §1620.12, unless they already have been given the opportunity to make contributions for these periods of service. (a) The employing authority of a cooperative extension service employee (described at §1620.11(a)) is responsible for transmitting employer and employee contributions to the TSP record keeper. (b) The employing authority of a union employee or an Intergovernmental Personnel Act employee (described at §1620.11(b) and (c), respectively) is responsible for transmitting employer and employee contributions to the employee's Federal agency of record. Employee contributions will be deducted from the employee's actual pay. The employee's agency of record is responsible for transmitting the employer and employee's contributions to the TSP record keeper in accordance with Board procedures. The employee's election form (TSP–1) will be filed in the employee's official personnel folder or other similar file maintained by the employing authority. (a) This subpart applies to: (1) A justice or judge of the United States as defined in 28 U.S.C. 451; (2) A bankruptcy judge appointed under 28 U.S.C. 152 or a United States magistrate judge appointed under 28 U.S.C. 631 who has chosen to receive a judges' annuity described at 28 U.S.C. 377 or section 2(c) of the Retirement and Survivors' Annuities for Bankruptcy Judges and Magistrates Act of 1988, Public Law 100–659, 102 Stat. 3910–3921; (3) A judge of the United States Court of Federal Claims appointed under 28 U.S.C. 171 whose retirement is covered by 28 U.S.C. 178; and (4) A judge of the Court of Veterans Appeals appointed under 38 U.S.C. 7253. (b) This subpart does not apply to a bankruptcy judge or a United States magistrate judge who has not chosen a judges' annuity, or to a judge of the United States Court of Federal Claims who is not covered by 28 U.S.C. 178. Those individuals may participate in the TSP only if they are otherwise covered by CSRS or FERS. [64 FR 31057, June 9, 1999, as amended at 70 FR 32213, June 1, 2005] (a) An individual covered under this subpart can make contributions to the TSP from basic pay in the amount described at 5 CFR 1600.22(a)(1). Unless stated otherwise in this subpart, he or she is covered by the same rules that apply to a CSRS participant in the TSP. (b) The following amounts are not basic pay and no TSP contributions can be made from them: (1) An annuity or salary received by a justice or judge of the United States (as defined in 28 U.S.C. 451) who is retired under 28 U.S.C. 371(a) or (b), or 372(a); (2) Amounts received by a bankruptcy judge or a United States magistrate judge under a judges' annuity described at 28 U.S.C. 377; (3) An annuity or salary received by a judge of the United States Court of Federal Claims under 28 U.S.C. 178; and (4) Retired pay received by a judge of the United States Court of Veterans Appeals under 38 U.S.C. 7296. [64 FR 31057, June 9, 1999, as amended at 70 FR 32213, June 1, 2005] (a) Post-employment withdrawal. An individual covered under this subpart can make a post-employment withdrawal election described at 5 U.S.C. 8433(b): (1) Upon separation from Government employment. (2) In addition to the circumstance described in paragraph (a)(1) of this section, a post-employment withdrawal election can be made by: (i) A justice or judge of the United States (as defined in 28 U.S.C. 451) who retires under 28 U.S.C. 317(a) or (b) or 372(a); (ii) A bankruptcy judge or a United States magistrate judge receiving a judges' annuity under 28 U.S.C. 377; (iii) A judge of the United States Court of Federal Claims receiving an annuity or salary under 28 U.S.C. 178; and (iv) A judge of the United States Court of Veterans Appeals receiving retired pay under 38 U.S.C. 7296. (b) In-service withdrawals. An individual covered under this subpart can request an in-service withdrawal described at 5 U.S.C. 8433(h) if he or she: (1) Has not separated from Government employment; and (2) Is not receiving retired pay as described in paragraph (a)(2) of this section. [64 FR 31057, June 9, 1999, as amended at 70 FR 32213, June 1, 2005] (a) The current spouse of a justice or judge of the United States (as defined in 28 U.S.C. 451), or of a Court of Veterans Appeals judge, possesses the rights described at 5 U.S.C. 8351(b)(5). (b) A current or former spouse of a bankruptcy judge, a United States magistrate judge, or a judge of the United States Court of Federal Claims, possesses the rights described at 5 U.S.C. 8435 and 8467 if the judge is covered under this subpart. [64 FR 31057, June 9, 1999, as amended at 70 FR 32213, June 1, 2005] This subpart applies to any employee of a Nonappropriated Fund (NAF) instrumentality of the Department of Defense (DOD) or the U.S. Coast Guard who elects to be covered by CSRS or FERS and to any employee in a CSRS- or FERS-covered position who elects to be covered by a retirement plan established for employees of a NAF instrumentality pursuant to the Portability of Benefits for Nonappropriated Fund Employees Act of 1990, Public Law 101–508, 104 Stat. 1388, 1388–335 to 1388–341, as amended (codified largely at 5 U.S.C. 8347(q) and 8461(n)). As used in this subpart, move means moving from a position covered by CSRS or FERS to a NAF instrumentality of the DOD or Coast Guard, or vice versa, without a break in service of more than one year. Any employee who moves from a CSRS- or FERS-covered position to a NAF instrumentality on or after August 10, 1996, and who elects to continue to be covered by CSRS or FERS, will be eligible to contribute to the TSP as determined in accordance with 5 CFR part 1600. (a) An employee of a NAF instrumentality who moves from a NAF instrumentality to a Federal Government agency and who elects to be covered by a NAF retirement system is not eligible to participate in the TSP. Any TSP contributions relating to a period for which an employee elects retroactive NAF retirement coverage must be removed from the TSP as required by the regulations at 5 CFR part 1605. (b) An employee of a NAF instrumentality who moves from a NAF instrumentality to a Federal Government agency and who elects to be covered by CSRS or FERS will become eligible to participate in the TSP as determined in accordance with 5 CFR part 1600. NAF instrumentalities must deduct and transmit TSP loan payments for employees who elect to be covered by CSRS or FERS to the record keeper in accordance with 5 CFR part 1655 and Board procedures. Loan payments may not be deducted and transmitted for employees who elect to be covered by the NAF retirement system. Such employees will be considered to have separated from Government service and must prepay their loans or the TSP will declare the loan to be a taxable distribution. Any employee who moves to a NAF instrumentality must be reported by the losing Federal Government agency to the TSP record keeper as having transferred to a NAF instrumentality of the DOD or Coast Guard rather than as having separated from Government service. If the employee subsequently elects not to be covered by CSRS or FERS, the NAF instrumentality must submit an Employee Data Record to report the employee as having separated from Federal Government service as of the date of the move. To be covered by this subpart, an employee must have: (a) Separated from Federal civilian service or entered leave-without-pay status in order to perform military service; and (b) Become eligible to seek reemployment or restoration to duty by virtue of a release from military service, discharge from hospitalization, or other similar event that occurred on or after August 2, 1990; and (c) Been reemployed in, or restored to, a position covered by CSRS or FERS pursuant to the provisions of 38 U.S.C. chapter 43. As used in this subpart: Current contributions means contributions that must be made for the current pay date which is reported on the journal voucher that accompanies the payroll submission. Nonpay status means an employer-approved temporary absence from duty. Reemployed or returned to pay status means reemployed in or returned to a pay status, pursuant to 38 U.S.C. chapter 43, to a position that is subject to 5 U.S.C. 8351 or chapter 84. Retroactive period means the period for which an employee can make up missed employee contributions and receive missed agency contributions. It begins the day after the employee separates or enters nonpay status to perform military service and ends when the employee is reemployed or returned to pay status. Separate from civilian service means to cease employment with the Federal Government, the U.S. Postal Service, or with any other employer from a position that is deemed to be civilian Government employment for purposes of participating in the TSP, for 31 or more full calendar days. [67 FR 49525, July 30, 2002] (a) Current contribution election. If the employee entered nonpay status with a valid contribution election on file, the agency must immediately reinstate that election for current contributions when the employee returns to pay status, unless the employee files a new contribution election. If the employee separated to perform military service, he or she must make a new contribution election to begin current contributions. (b) Makeup contribution election. Upon reemployment or return to pay status, an employee has 60 days to elect to make up missed contributions. An employee's right to make retroactive TSP contributions will expire if an election is not made within 60 days of the participant's reemployment or return to pay status. (c) Makeup contributions. Makeup contributions will be processed as follows: (1) If the employee had a valid contribution election on file when he or she separated or entered nonpay status to perform military service, that election form will be reinstated for purposes of determining the makeup contributions, unless the employee submits a new contribution election which he or she could otherwise have made but for the performance of military service. (2) An employee who terminated contributions within two months of entering military service will also be eligible to make a retroactive contribution election to be effective on the date the contributions were terminated. [70 FR 32213, June 1, 2005] (a) Agency making payments to record keeper. The current employing agency is responsible for making payments to the record keeper for all contributions, regardless of whether some of that expense is ultimately chargeable to a prior employing agency. (b) Agency ultimately chargeable with expense. The agency that reemployed the participant is ordinarily the agency ultimately chargeable with the expense of agency contributions and the breakage attributable to them. However, if an employee changed agencies during the period between the date of reemployment and October 13, 1994, the employing agency as of October 13, 1994, is the agency ultimately chargeable with the expense. (c) Reimbursement by agency ultimately chargeable with expense. If the agency that made the payments to the record keeper for agency contributions is not the agency ultimately chargeable for that expense, the agency that made the payments to the record keeper may, but is not required to, obtain reimbursement from the agency ultimately chargeable with the expense. [70 FR 32213, June 1, 2005] If an employee's agency automatic (1%) contributions were forfeited because the employee was not vested when he or she separated to perform military service, the employee must notify the employing agency that a forfeiture occurred. The employing agency will follow the procedure described in §1620.46(e) to have those funds restored. [64 FR 31057, June 9, 1999, as amended at 67 FR 49526, July 30, 2002] (a) Suspending TSP loans during nonpay status. If the TSP is notified that an employee entered into a nonpay status to perform military service, any outstanding TSP loan from a civilian TSP account will be suspended, that is, it will not be declared a taxable distribution while the employee is performing military service. (1) Interest will accrue on the loan balance during the period of suspension. When the employee returns to civilian pay status, the employing agency will resume deducting loan payments from the participant's basic pay and the TSP will reamortize the loan (which will include interest accrued during the period of military service). The maximum loan repayment term will be extended by the employee's period of military service. Consequently, when the employee returns to pay status, the TSP record keeper must receive documentation to show the beginning and ending dates of military service. (2) The TSP may close the loan account and declare it to be a taxable distribution if the TSP does not receive documentation that the employee entered into nonpay status. However, the taxable distribution can be reversed in accordance with paragraph (c) of this section. (b) Restoring post-employment withdrawals. An employee who separates from civilian service to perform military service and who receives an automatic cashout of his or her account may return to the TSP an amount equal to the amount of the payment. The employee must notify the TSP record keeper of his or her intent to return the withdrawn funds within 90 days of the date the employee returns to civilian service or pay status; if the employee is eligible to return a withdrawal, the TSP record keeper will then inform the employee of the actions that must be taken to return the funds. (c) Reversing taxable distributions. An employee may request that a taxable loan distribution be reversed if the taxable distribution resulted from the employee's separation or placement in nonpay status to perform military service. The TSP will reverse the taxable distribution under the process described as follows: (1) An employee who received a post-employment withdrawal when he or she separated to perform military service can have a taxable distribution reversed only if the withdrawn amount is returned as described in paragraph (b) of this section; (2) A taxable loan distribution can be reversed either by reinstating the loan or by repaying it in full. The TSP loan can be reinstated only if the employee agrees to repay the loan within the maximum loan repayment term plus the length of military service, and if, after reinstatement of the loan, the employee will have no more than two outstanding loans, only one of which is a residential loan; and (3) The employee must notify the TSP record keeper of his or her intent to reverse a taxable loan distribution within 90 days of the date the employee returns to civilian service or pay status; if the employee is eligible to reverse a taxable loan distribution, the TSP record keeper will then inform the employee of the actions that must be taken to reverse the distribution. (d) Breakage. Employees will not receive breakage on amounts returned to their accounts under this section. [67 FR 49526, July 30, 2002, as amended at 70 FR 32213, June 1, 2005] (a) General. Each employing agency must establish procedures for implementing these regulations. These procedures must at a minimum require agency personnel to identify eligible employees and notify them of their options under these regulations and the time period within which these options must be exercised. (b) Agency records; procedure for reimbursement. The agency making payments to the record keeper for all contributions and attributable breakage will obtain from prior employing agencies whatever information is necessary to make accurate payments. If a prior employing agency is ultimately chargeable under §1620.43(b) for all or part of this expense, the agency making the payments to the record keeper will determine the procedure to follow in order to collect amounts owed to it by the agency ultimately chargeable with the expense. (c) Payment schedule; matching contributions report. Agencies will, with the employee's consent, prepare a payment schedule for making retroactive employee contributions which will be consistent with the procedures established at 5 CFR part 1605 for the correction of employing agency errors. (d) Agency automatic (1%) contributions. Employing agencies must calculate the agency automatic (1%) contributions for all reemployed (or restored) FERS employees and report those contributions to the record keeper within 60 days of reemployment. (e) Forfeiture restoration. When notified by an employee that a forfeiture of the agency automatic (1%) contributions occurred after the employee separated to perform military service, the employing agency must complete and file the appropriate paper TSP form with the TSP record keeper in accordance with the form's instructions to have those funds restored. (f) Thrift Savings Plan Service Computation Date. The agencies must include the period of military service in the Thrift Savings Plan Service Computation Date (TSP-SCD) of all reemployed FERS employees. If the period of military service has not been credited, the agencies must submit an employee data record to the TSP record keeper containing the correct TSP Service Computation Date. [64 FR 31057, June 9, 1999, as amended at 70 FR 32214, June 1, 2005]
Title 5: Administrative Personnel
PART 1620—EXPANDED AND CONTINUING ELIGIBILITY
Section Contents
§ 1620.1 Application.
§ 1620.2 Definitions.
§ 1620.3 Contributions.
§ 1620.4 Notices.
§ 1620.10 Definition.
§ 1620.11 Scope.
§ 1620.12 Employing authority contributions.
§ 1620.13 Retroactive contributions.
§ 1620.14 Payment to the record keeper.
§ 1620.20 Scope.
§ 1620.21 Contributions.
§ 1620.22 Withdrawals.
§ 1620.23 Spousal rights.
§ 1620.30 Scope.
§ 1620.31 Definition.
§ 1620.32 Employees who move to a NAF instrumentality on or after August 10, 1996.
§ 1620.33 [Reserved]
§ 1620.34 Employees who move from a NAF instrumentality to a Federal Government agency.
§ 1620.35 Loan payments.
§ 1620.36 Transmission of information.
§ 1620.40 Scope.
§ 1620.41 Definitions.
§ 1620.42 Processing TSP contribution elections.
§ 1620.43 Agency payments to record keeper; agency ultimately responsible.
§ 1620.44 Restoring forfeited agency automatic (1%) contributions.
§ 1620.45 Suspending TSP loans, restoring post-employment withdrawals, and reversing taxable distributions.
§ 1620.46 Agency responsibilities.
Subpart A—General
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§ 1620.1 Application.
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§ 1620.2 Definitions.
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§ 1620.3 Contributions.
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§ 1620.4 Notices.
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Subpart B—Cooperative Extension Service, Union, and Intergovernmental Personnel Act Employees
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§ 1620.10 Definition.
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§ 1620.11 Scope.
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§ 1620.12 Employing authority contributions.
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§ 1620.13 Retroactive contributions.
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§ 1620.14 Payment to the record keeper.
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Subpart C—Justices and Judges
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§ 1620.20 Scope.
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§ 1620.21 Contributions.
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§ 1620.22 Withdrawals.
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§ 1620.23 Spousal rights.
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Subpart D—Nonappropriated Fund Employees
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§ 1620.30 Scope.
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§ 1620.31 Definition.
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§ 1620.32 Employees who move to a NAF instrumentality on or after August 10, 1996.
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§ 1620.33 [Reserved]
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§ 1620.34 Employees who move from a NAF instrumentality to a Federal Government agency.
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§ 1620.35 Loan payments.
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§ 1620.36 Transmission of information.
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Subpart E—Uniformed Services Employment and Reemployment Rights Act (USERRA)—Covered Military Service
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§ 1620.40 Scope.
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§ 1620.41 Definitions.
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§ 1620.42 Processing TSP contribution elections.
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§ 1620.43 Agency payments to record keeper; agency ultimately responsible.
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§ 1620.44 Restoring forfeited agency automatic (1%) contributions.
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§ 1620.45 Suspending TSP loans, restoring post-employment withdrawals, and reversing taxable distributions.
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§ 1620.46 Agency responsibilities.
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