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5 U.S.C. § 8472 — Federal Retirement Thrift Investment Board

submitted 40 years ago by Pub. L. 99-335 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 651 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section creates a Federal Retirement Thrift Investment Board in the Executive Branch. Five presidentially appointed, Senate-confirmed members set investment policy for the Thrift Savings Fund. They must act solely in the interest of the Fund's participants and beneficiaries.

(a) The Executive Branch has a Federal Retirement Thrift Investment Board.

(b) The Board is made up of: (1) 3 members appointed by the President, one of whom the President names Chairman; and (2) 2 more members appointed by the President — (A) one appointed after the President considers a recommendation from the Speaker of the House, made in consultation with the House minority leader; and (B) one appointed after the President considers a recommendation from the Senate majority leader, made in consultation with the Senate minority leader.

(c) Except as section 311 of the Federal Employees' Retirement System Act of 1986 provides, appointments under (a) must be confirmed by the Senate.

(d) Board members must have substantial experience, training, and expertise managing financial investments and pension benefit plans.

(e)(1) Except as section 311 provides, a Board member is appointed for a 4-year term, except that among the first members (other than those appointed under section 311): (A) the Chairman is appointed for 4 years; (B) the members appointed under (b)(2) are appointed for 3 years; and (C) the rest are appointed for 2 years.
(2)(A) A vacancy on the Board is filled the same way the original appointment was made, subject to the same conditions.
(B) Someone chosen to fill a vacancy is appointed for the rest of the unexpired term.
(3) No member's term ends before that member's successor takes office.

(f) The Board must: (1) set policy for (A) investing and managing the Thrift Savings Fund, and (B) administering subchapter III of this chapter; (2) review how the Fund's investments are performing; and (3) review and approve the Board's own budget.

(g)(1) The Board may: (A) adopt, alter, and use a seal; (B) — except as (2) limits — direct the Executive Director to take whatever action the Board considers appropriate to carry out this subchapter, subchapter III, and Board policy; (C) with four members voting yes, remove the Executive Director for good cause; and (D) take any other action needed to carry out the Board's functions.
(2) Except for investments under section 8438(c)(2)(B), the Board may not direct the Executive Director to invest, cause to be invested, or dispose of any specific asset of the Thrift Savings Fund.

(h) Board members must carry out their responsibilities solely in the interest of participants and beneficiaries under this subchapter and subchapter III.

(i) The Board must prepare and submit to the President, and at the same time to the appropriate congressional committees, an annual budget of the Board's expenses, to be included as a separate item in the budget transmitted to Congress under section 1105 of title 31.

(j) The Board may submit to the President, and at the same time to each House of Congress, any legislative recommendations relating to the Board's functions under this title or any other law.

the actual law source: uscode.house.gov ↗public domain
(a)

There is established in the Executive branch of the Government a Federal Retirement Thrift Investment Board.

(b)

The Board shall be composed of—

(1)

3 members appointed by the President, of whom 1 shall be designated by the President as Chairman; and

(2)

2 members appointed by the President, of whom—

(A)

1 shall be appointed by the President after taking into consideration the recommendation made by the Speaker of the House of Representatives in consultation with the minority leader of the House of Representatives; and

(B)

1 shall be appointed by the President after taking into consideration the recommendation made by the majority leader of the Senate in consultation with the minority leader of the Senate.

(c)

Except as provided in section 311 of the Federal Employees’ Retirement System Act of 1986, appointments under subsection (a) shall be made by and with the advice and consent of the Senate.

(d)

Members of the Board shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans.

(e)
(1)

Except as provided in section 311 of the Federal Employees’ Retirement System Act of 1986, a member of the Board shall be appointed for a term of 4 years, except that of the members first appointed (other than the members appointed under such section)—

(A)

the Chairman shall be appointed for a term of 4 years;

(B)

the members appointed under subsection (b)(2) shall be appointed for terms of 3 years; and

(C)

the remaining members shall be appointed for terms of 2 years.

(2)
(A)

A vacancy on the Board shall be filled in the manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment.

(B)

An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced.

(3)

The term of any member shall not expire before the date on which the member’s successor takes office.

(f)

The Board shall—

(1)

establish policies for—

(A)

the investment and management of the Thrift Savings Fund; and

(B)

the administration of subchapter III of this chapter;

(2)

review the performance of investments made for the Thrift Savings Fund; and

(3)

review and approve the budget of the Board.

(g)
(1)

The Board may—

(A)

adopt, alter, and use a seal;

(B)

except as provided in paragraph (2), direct the Executive Director to take such action as the Board considers appropriate to carry out the provisions of this subchapter and subchapter III of this chapter and the policies of the Board;

(C)

upon the concurring votes of four members, remove the Executive Director from office for good cause shown; and

(D)

take such other actions as may be necessary to carry out the functions of the Board.

(2)

Except in the case of investments under section 8438(c)(2)(B), the Board may not direct the Executive Director to invest or to cause to be invested any sums in the Thrift Savings Fund in a specific asset or to dispose of or cause to be disposed of any specific asset of such Fund.

(h)

The members of the Board shall discharge their responsibilities solely in the interest of participants and beneficiaries under this subchapter and subchapter III of this chapter.

(i)

The Board shall prepare and submit to the President, and, at the same time, to the appropriate committees of Congress, an annual budget of the expenses and other items relating to the Board which shall be included as a separate item in the budget required to be transmitted to the Congress under section 1105 of title 31.

(j)

The Board may submit to the President, and, at the same time, shall submit to each House of the Congress, any legislative recommendations of the Board relating to any of its functions under this title or any other provision of law.

Source credit: (Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 578; amended Pub. L. 99–509, title VI, § 6001(e), Oct. 21, 1986, 100 Stat. 1931; Pub. L. 113–255, § 2(c), Dec. 18, 2014, 128 Stat. 2920.)

history & why it existsrecord from the source credit
  • 1986Enacted · Pub. L. 99-335 · 100 Stat. 578
  • 1986Amended · Pub. L. 99-509 · 100 Stat. 1931
  • 2014Amended · Pub. L. 113-255 · 128 Stat. 2920

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-335 on 1986-06-06.

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