5 U.S.C. § 8432c — Contributions of certain persons reemployed after service with international organizations
submitted 27 years ago by Pub. L. 106-113 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 594 words · no verdicts yet
This section covers employees who transferred to an international organization and later returned. They can make up Thrift Savings contributions they missed while working abroad. Their agency must match those contributions, and the time abroad counts toward vesting.
(a) Who counts as a "covered person." A "covered person" is someone who: (1) transferred from a job covered by chapter 83 or 84 (the two federal retirement systems) or certain Foreign Service* Act provisions, to a job with an international organization, under section 3582; (2) chose under section 3582 to keep their federal retirement coverage during that international-organization job, and kept paying the required deductions into that system's fund*; and (3) later got reemployed, under section 3582(b), into a job covered by chapter 83 or 84 or those Foreign Service Act provisions, after leaving the international organization.
(b) Making up contributions.
(1) A covered person may contribute to the Fund up to the limit in paragraph (2).
(2) That maximum equals: (A) all the contributions the person would have made under section 8351(b)(2) or 8432(a) (whichever applied) between the date they transferred and the day before they were reemployed, minus (B) any contributions they actually made under those sections during that period.
(3) These contributions: (A) are made the same way as regular contributions under 8351(b)(2) or 8432(a); (B) are spread over whatever period the person chooses under paragraph (4)(B); and (C) are in addition to any contributions the person is currently making.
(4) The Executive Director* sets the process for the person to specify (A) how much they want to contribute for the earlier period, and (B) how long they want to take to pay it in.
(c) Agency matching. If a covered person who's contributing under section 8432(a) also makes these make-up contributions, their employing agency must match them the same way it would for an employee* covered by section 8432b, following that section's rules in subsections (c), (d), and (f), and pay them the same way section 8432b(g) requires.
(d) Figuring the pay rate. For these calculations, the covered person is treated as if they had kept earning the pay of the job they held right before transferring to the international organization, for the whole period they were away.
(e) Vesting credit. For purposes of the vesting rules in section 8432(g), the covered person is credited with civilian service for the whole period between their transfer date and the day before their reemployment date.
(f) The Executive Director* must issue regulations to carry out this section.
In this section, the term “covered person” means any person who—
transfers from a position of employment covered by chapter 83 or 84 or subchapter I or II of chapter 8 1 of the Foreign Service* Act of 1980 to a position of employment with an international organization pursuant to section 3582;
pursuant to section 3582 elects to retain coverage, rights, and benefits under any system* established by law for the retirement of persons during the period of employment with the international organization and currently deposits the necessary deductions in payment for such coverage, rights, and benefits in the system’s fund*; and
is reemployed pursuant to section 3582(b) to a position covered by chapter 83 or 84 or subchapter I or II of chapter 8 1 of the Foreign Service Act of 1980 after separation from the international organization.
Each covered person may contribute to the Thrift Savings Fund, in accordance with this subsection, an amount not to exceed the amount described in paragraph (2).
The maximum amount which a covered person may contribute under paragraph (1) is equal to—
the total amount of all contributions under section 8351(b)(2) or 8432(a), as applicable, which the person would have made over the period beginning on the date of transfer of the person (as described in subsection (a)(1)) and ending on the day before the date of reemployment of the person (as described in subsection (a)(3)), minus
the total amount of all contributions, if any, under section 8351(b)(2) or 8432(a), as applicable, actually made by the person over the period described in subparagraph (A).
Contributions under paragraph (1)—
shall be made at the same time and in the same manner as would any contributions under section 8351(b)(2) or 8432(a), as applicable;
shall be made over the period of time specified by the person under paragraph (4)(B); and
shall be in addition to any contributions actually being made by the person during that period under section 8351(b)(2) or 8432(a), as applicable.
The Executive Director* shall prescribe the time, form, and manner in which a covered person may specify—
the total amount the person wishes to contribute with respect to any period described in paragraph (2)(A); and
the period of time over which the covered person wishes to make contributions under this subsection.
If a covered person who makes contributions under section 8432(a) makes contributions under subsection (b), the agency employing the person shall make those contributions to the Thrift Savings Fund on the person’s behalf in the same manner as contributions are made for an employee* described in section 8432b(a) under sections 8432b(c), 8432b(d), and 8432b(f). Amounts paid under this subsection shall be paid in the same manner as amounts are paid under section 8432b(g).
For purposes of any computation under this section, a covered person shall, with respect to the period described in subsection (b)(2)(A), be considered to have been paid at the rate which would have been payable over such period had the person remained continuously employed in the position that the person last held before transferring to the international organization.
For purposes of section 8432(g), a covered person shall be credited with a period of civilian service equal to the period beginning on the date of transfer of the person (as described in subsection (a)(1)) and ending on the day before the date of reemployment of the person (as described in subsection (a)(3)).
The Executive Director* shall prescribe regulations to carry out this section.
Source credit: (Added Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 334(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–440.)
- 1999Enacted · Pub. L. 106-113 · 113 Stat. 1536, 1501
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-113 on 1999-11-29.
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