r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES wiki — defined terms

“affected individual” applies in that section

the term “affected individual” means an individual covered under this subchapter who— (I) is performing service in a covered position; (II) while on duty, becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under paragraph (1) of this subsection or subsection (e), (m), or (n), as applicable; (III) because of the illness or injury described in subclause (II), is permanently unable to render useful and efficient service in the employee’s covered position, as determined by the agency in which the individual was serving when such individual incurred the illness or injury; and (IV) is appointed to a …

“covered position” applies in that section

the term “covered position” means a position as a law enforcement officer, customs and border protection officer, firefighter, air traffic controller, nuclear materials courier, member of the Capitol Police, or member of the Supreme Court Police. (B) Unless an affected individual files an election described in subparagraph (E), creditable service by the affected individual in a position described in subparagraph (A)(i)(IV) shall be treated as creditable service in a covered position for purposes of this chapter and determining the amount to be deducted and withheld from the pay of the affected individual under section 8334.

“major organizational adjustment” applies in that section

the term “major organizational adjustment” means any of the following: (A) A major reorganization. (B) A major reduction in force. (C) A major transfer of function. (D) A workforce restructuring— (i) to meet mission needs; (ii) to achieve one or more reductions in strength; (iii) to correct skill imbalances; or (iv) to reduce the number of high-grade, managerial, supervisory, or similar positions.

“composite retirement annuity” applies in that section

the term “composite retirement annuity” means the annuity computed when a phased retiree attains full retirement status;

“full retirement status” applies in that section

the term “full retirement status” means that a phased retiree has ceased employment and is entitled, upon application, to a composite retirement annuity;

“phased employment” applies in that section

the term “phased employment” means the less-than-full-time employment of a phased retiree;

“phased retiree” applies in that section

the term “phased retiree” means a retirement-eligible employee who— (A) makes an election under subsection (b); and (B) has not entered full retirement status;

“phased retirement annuity” applies in that section

the term “phased retirement annuity” means the annuity payable under this section before full retirement;

“phased retirement percentage” applies in that section

the term “phased retirement percentage” means the percentage which, when added to the working percentage for a phased retiree, produces a sum of 100 percent;

“phased retirement period” applies in that section

the term “phased retirement period” means the period beginning on the date on which an individual becomes entitled to receive a phased retirement annuity and ending on the date on which the individual dies or separates from phased employment;

“phased retirement status” applies in that section

the term “phased retirement status” means that a phased retiree is concurrently employed in phased employment and eligible to receive a phased retirement annuity;

“retirement-eligible employee” applies in that section

the term “retirement-eligible employee”— (A) means an individual who, if the individual separated from the service, would meet the requirements for retirement under subsection (a) or (b) of section 8336; but (B) does not include an employee described in section 8335 after the date on which the employee is required to be separated from the service by reason of such section; and;

“working percentage” applies in that section

the term “working percentage” means the percentage of full-time employment equal to the quotient obtained by dividing— (A) the number of hours per pay period to be worked by a phased retiree, as scheduled in accordance with subsection (b)(2); by (B) the number of hours per pay period to be worked by an employee serving in a comparable position on a full-time basis.

“technician” applies in that section

the term “technician” means an individual employed under section 709(a) of title 32 or section 10216 of title 10 who, as a condition of the employment, is required under section 709(b) of title 32 or section 10216 of title 10 , respectively, to be a member of the Selected Reserve.

“head of an agency” applies in that section

the term “head of an agency” means— (i) the head of an Executive agency, other than the Department of Defense or the Government Accountability Office; (ii) the head of the United States Postal Service; (iii) the Director of the Administrative Office of the United States Courts, with respect to employees of the judicial branch; and (iv) any employing authority described under subsection (k)(2), other than the Government Accountability Office; and;

“limited time appointee” applies in that section

the term “limited time appointee” means an annuitant appointed under a temporary appointment limited to 1 year or less. (2) The head of an agency may waive the application of subsection (a) or (b) with respect to any annuitant who is employed in such agency as a limited time appointee, if the head of the agency determines that the employment of the annuitant is necessary to— (A) fulfill functions critical to the mission of the agency, or any component of that agency; (B) assist in the implementation or oversight of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ) or the Troubled Asset Relief Program under title I of the Emergency Economic Stabilization Act of 2008 ( …

“child” applies in that section

the term “child” means an individual under 18 years of age. (k) (1) The Office shall, in accordance with this subsection, enter into an agreement with any State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the Office shall withhold State income tax in the case of the monthly annuity of any annuitant who voluntarily requests, in writing, such withholding. The amounts withheld during any calendar quarter shall be held in the Fund and disbursed to the States during the month following that calendar quarter.

“court” applies in that section

the term “court” means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court;

“judgment rendered for physically, sexually, or emotionally abusing a child” applies in that section

the term “judgment rendered for physically, sexually, or emotionally abusing a child” means any legal claim perfected through a final enforceable judgment, which claim is based in whole or in part upon the physical, sexual, or emotional abuse of a child, whether or not that abuse is accompanied by other actionable wrongdoing, such as sexual exploitation or gross negligence; and;

“debt issuance suspension period” applies in that section

the term “debt issuance suspension period” means any period for which the Secretary of the Treasury determines for purposes of this subsection that the issuance of obligations of the United States may not be made without exceeding the public debt limit. (k) (1) Subject to paragraph (2) of this subsection, the Secretary of the Treasury may sell or redeem securities, obligations, or other invested assets of the Fund before maturity in order to prevent the public debt of the United States from exceeding the public debt limit.

“Postal surplus or supplemental liability” applies in that section

the term “Postal surplus or supplemental liability” means the estimated difference, as determined by the Office, between— (A) the actuarial present value of all future benefits payable from the Fund under this subchapter to current or former employees of the United States Postal Service and attributable to civilian employment with the United States Postal Service; and (B) the sum of— (i) the actuarial present value of deductions to be withheld from the future basic pay of employees of the United States Postal Service currently subject to this subchapter under section 8334; (ii) that portion of the Fund balance, as of the date the Postal surplus or supplemental liability is determined, …

“public debt limit” applies in that section

the term “public debt limit” means the limitation imposed by section 3101(b) of title 31 ; and;

“Federal service” applies in that section

the term “Federal service” means service which is employment for the purposes of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1986 by reason of the amendments made by section 101 of the Social Security Amendments of 1983.

“nonforfeitable account balance” applies in that section

the term “nonforfeitable account balance” has the same meaning as under section 8401(32). (8) In applying section 8432b to an employee contributing to the Thrift Savings Fund after being restored to or reemployed in a position subject to this subchapter, pursuant to chapter 43 of title 38— (A) any reference in such section to contributions under section 8432(a) shall be considered a reference to employee contributions under this section, except that the reference in section 8432b(b)(2)(B) to employee contributions under section 8432(a) shall be considered a reference to employee contributions under this subchapter and section 8440e; (B) the contribution rate under section 8432b(b)(2)(A) …

“account” applies throughout its chapter

the term “account” means an account established and maintained under section 8439(a) of this title ;

“air traffic controller” applies throughout its chapter

the term “air traffic controller” or “controller” means— (A) a controller within the meaning of section 2109(1); and (B) a civilian employee of the Department of Transportation or the Department of Defense who is the immediate supervisor of a person described in section 2109(1)(B);

“annuitant” applies throughout its chapter

the term “annuitant” means a former employee or Member who, on the basis of that individual’s service, meets all requirements for title to an annuity under subchapter II or V of this chapter and files claim therefor;

“average pay” applies throughout its chapter

the term “average pay” means the largest annual rate resulting from averaging an employee’s or Member’s rates of basic pay in effect over any 3 consecutive years of service or, in the case of an annuity under this chapter based on service of less than 3 years, over the total service, with each rate weighted by the period it was in effect;

“basic pay” applies throughout its chapter

the term “basic pay” has the meaning given such term by section 8331(3);

“Board” applies throughout its chapter

the term “Board” means the Federal Retirement Thrift Investment Board established by section 8472(a) of this title ;

“Civil Service Retirement and Disability Fund” applies throughout its chapter

the term “Civil Service Retirement and Disability Fund” or “Fund” means the Civil Service Retirement and Disability Fund under section 8348;

“controller” applies throughout its chapter

the term “air traffic controller” or “controller” means— (A) a controller within the meaning of section 2109(1); and (B) a civilian employee of the Department of Transportation or the Department of Defense who is the immediate supervisor of a person described in section 2109(1)(B);

“court” applies throughout its chapter

the term “court” means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court;

“customs and border protection officer” applies throughout its chapter

the term “customs and border protection officer” means an employee in the Department of Homeland Security (A) who holds a position within the GS–1895 job series (determined applying the criteria in effect as of September 1, 2007 ) or any successor position, and (B) whose duties include activities relating to the arrival and departure of persons, conveyances, and merchandise at ports of entry, including any such employee who is transferred directly to a supervisory or administrative position in the Department of Homeland Security after performing such duties (as described in subparagraph (B)) in 1 or more positions (as described in subparagraph (A)) for at least 3 years;

“Director” applies throughout its chapter

the term “Director” means the Director of the Office of Personnel Management;

“dynamic assumptions” applies throughout its chapter

the term “dynamic assumptions” means economic assumptions that are used in determining actuarial costs and liabilities of a retirement system and in anticipating the effects of long-term future— (A) investment yields; (B) increases in rates of basic pay; and (C) rates of price inflation; (10) the term “earnings”, when used with respect to the Thrift Savings Fund, means the amount of the gain realized or yield received from the investment of sums in such Fund;

“employee” applies throughout its chapter

the term “employee” means— (A) an individual referred to in subparagraph (A), (E), (F), (H), (I), (J), or (K) of section 8331(1) of this title ; (B) a Congressional employee as defined in section 2107 of this title , including a temporary Congressional employee and an employee of the Congressional Budget Office; and (C) an employee described in section 2105(c) who has made an election under section 8461(n)(1) to remain covered under this chapter; whose civilian service after December 31, 1983 , is employment for the purposes of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1986, except that such term does not include— (i) any individual referred to in— …

“Executive Director” applies throughout its chapter

the term “Executive Director” means the Executive Director appointed under section 8474(a);

“firefighter” applies throughout its chapter

the term “firefighter” means— (A) an employee, the duties of whose position— (i) are primarily to perform work directly connected with the control and extinguishment of fires; and (ii) are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency; and (B) an employee who is transferred directly to a supervisory or administrative position after performing duties described in subparagraph (A) for at least 3 years;

“former spouse” applies throughout its chapter

the term “former spouse” means a former spouse of an individual— (A) if such individual performed at least 18 months of civilian service creditable under section 8411 as an employee or Member; and (B) if the former spouse was married to such individual for at least 9 months;

“Fund” applies throughout its chapter

the term “Civil Service Retirement and Disability Fund” or “Fund” means the Civil Service Retirement and Disability Fund under section 8348;

“further revised annuity employee” applies throughout its chapter

the term “further revised annuity employee” means any individual who— (A) on December 31, 2013 — (i) is not an employee or Member covered under this chapter; (ii) is not performing civilian service which is creditable service under section 8411; and (iii) has less than 5 years of creditable civilian service under section 8411; and (B) after December 31, 2013 , becomes employed as an employee or becomes a Member covered under this chapter performing service which is creditable service under section 8411; and (39) “representative payee” means a person (including an organization) designated under section 8466(c)(1) to receive payments on behalf of a minor or an individual mentally incompetent …

“Government” applies throughout its chapter

the term “Government” means the Federal Government, 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);

“Government physician” applies throughout its chapter

the term “Government physician” has the meaning given such term under section 5948;

“Indian court” applies throughout its chapter

the term “Indian court” has the meaning given such term by section 8331(24);

“law enforcement officer” applies throughout its chapter

the term “law enforcement officer” means— (A) an employee, the duties of whose position— (i) are primarily— (I) the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States, or (II) the protection of officials of the United States against threats to personal safety; and (ii) are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency; (B) an employee of the Department of the Interior or the Department of the Treasury (excluding any employee under subparagraph (A)) …

“lump-sum credit” applies throughout its chapter

the term “lump-sum credit” means the unrefunded amount consisting of— (A) retirement deductions made from the basic pay of an employee or Member under section 8422(a) of this title (or under section 204 of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983); (B) amounts deposited by an employee or Member under section 8422(e); (C) amounts deposited by an employee, Member, or survivor under section 8411(f) or 8422(i); and (D) interest on the deductions and deposits which, for any calendar year, shall be equal to the overall average yield to the Fund during the preceding fiscal year from all obligations purchased by the Secretary of the Treasury during such fiscal …

“Member” applies throughout its chapter

the term “Member” has the same meaning as provided in section 2106, except that such term does not include an individual who irrevocably elects, by written notice to the official by whom such individual is paid, not to participate in the Federal Employees’ Retirement System, 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;

“military service” applies throughout its chapter

the term “military service” means honorable active service— (A) in the armed forces; (B) in the commissioned corps of the Public Health Service after June 30, 1960 ; or (C) in the commissioned corps of the National Oceanic and Atmospheric Administration, or a predecessor entity in function, after June 30, 1961 ; and includes service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, but does not include service in the National Guard except when ordered to active duty in the service of the United States or full-time National Guard duty (as such term is defined …

“military technician (dual status)” applies throughout its chapter

the term “military technician (dual status)” means an employee described in section 10216 of title 10 ;

“net earnings” applies throughout its chapter

the term “net earnings” means the excess of earnings over losses;

“net losses” applies throughout its chapter

the term “net losses” means the excess of losses over earnings;

“nonforfeitable account balance” applies throughout its chapter

the term “nonforfeitable account balance” means any amounts in an account, established and maintained under subchapter III, which are nonforfeitable (as determined under section 8432(g)); (33) “Nuclear materials courier” has the meaning given that term in section 8331(27);

“normal-cost percentage” applies throughout its chapter

the term “normal-cost percentage” means the entry-age normal cost of the provisions of the System which relate to the Fund, computed by the Office in accordance with generally accepted actuarial practice and standards (using dynamic assumptions) and expressed as a level percentage of aggregate basic pay;

“Office” applies throughout its chapter

the term “Office” means the Office of Personnel Management;

“price index” applies throughout its chapter

the term “price index” has the same meaning as provided in section 8331(15);

“revised annuity employee” applies throughout its chapter

the term “revised annuity employee” means any individual who— (A) on December 31, 2012 — (i) is not an employee or Member covered under this chapter; (ii) is not performing civilian service which is creditable service under section 8411; and (iii) has less than 5 years of creditable civilian service under section 8411; and (B) after December 31, 2012 , and before January 1, 2014 , becomes employed as an employee or becomes a Member covered under this chapter performing service which is creditable service under section 8411;

“service” applies throughout its chapter

the term “service” means service which is creditable under section 8411;

“supplemental liability” applies throughout its chapter

the term “supplemental liability” means the estimated excess of— (A) the actuarial present value of all future benefits payable from the Fund under this chapter based on the service of current or former employees or Members, over (B) the sum of— (i) the actuarial present value of deductions to be withheld from the future basic pay of employees and Members currently subject to this chapter pursuant to section 8422; (ii) the actuarial present value of the future contributions to be made pursuant to section 8423(a) with respect to employees and Members currently subject to this chapter; (iii) the Fund balance as of the date the supplemental liability is determined, to the extent that such …

“survivor” applies throughout its chapter

the term “survivor” means an individual entitled to an annuity under subchapter IV of this chapter;

“System” applies throughout its chapter

the term “System” means the Federal Employees’ Retirement System described in section 8402(a);

“Bank Plan” applies in that section

the term “Bank Plan” means the benefit structure in which employees of the Board of Governors of the Federal Reserve System appointed on or after January 1, 1984 , participate, which benefit structure is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act (and any redesignated or successor version of such benefit structure, if so identified in writing by the Board of Governors of the Federal Reserve System for purposes of this chapter).

“child” applies in that section

the term “child” has the meaning given such term by section 8441.

“Member” applies in that section

the term “Member” has the meaning given such term by section 2106, notwithstanding section 8401(20); and;

“affected individual” applies in that section

the term “affected individual” means an individual covered under this chapter who— (I) is performing service in a covered position; (II) while on duty, becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under paragraph (1) of this subsection or subsection (e), as applicable; (III) because of the illness or injury described in subclause (II), is permanently unable to render useful and efficient service in the employee’s covered position, as determined by the agency in which the individual was serving when such individual incurred the illness or injury; and (IV) is appointed to a position in the …

“covered position” applies in that section

the term “covered position” means a position as a law enforcement officer, customs and border protection officer, firefighter, air traffic controller, nuclear materials courier, member of the Capitol Police, or member of the Supreme Court Police. (B) Unless an affected individual files an election described in subparagraph (E), creditable service by the affected individual in a position described in subparagraph (A)(i)(IV) shall be treated as creditable service in a covered position for purposes of this chapter and determining the amount to be deducted and withheld from the pay of the affected individual under section 8422.

“composite retirement annuity” applies in that section

the term “composite retirement annuity” means the annuity computed when a phased retiree attains full retirement status;

“full retirement status” applies in that section

the term “full retirement status” means that a phased retiree has ceased employment and is entitled, upon application, to a composite retirement annuity;

“phased employment” applies in that section

the term “phased employment” means the less-than-full-time employment of a phased retiree;

“phased retiree” applies in that section

the term “phased retiree” means a retirement-eligible employee who— (A) makes an election under subsection (b); and (B) has not entered full retirement status;

“phased retirement annuity” applies in that section

the term “phased retirement annuity” means the annuity payable under this section before full retirement;

“phased retirement percentage” applies in that section

the term “phased retirement percentage” means the percentage which, when added to the working percentage for a phased retiree, produces a sum of 100 percent;

“phased retirement period” applies in that section

the term “phased retirement period” means the period beginning on the date on which an individual becomes entitled to receive a phased retirement annuity and ending on the date on which the individual dies or separates from phased employment;

“phased retirement status” applies in that section

the term “phased retirement status” means that a phased retiree is concurrently employed in phased employment and eligible to receive a phased retirement annuity;

“retirement-eligible employee” applies in that section

the term “retirement-eligible employee”— (A) means an individual who, if the individual separated from the service, would meet the requirements for retirement under subsection (a) or (b) of section 8412; and (B) does not include— (i) an individual who, if the individual separated from the service, would meet the requirements for retirement under subsection (d) or (e) of section 8412; but (ii) does not include an employee described in section 8425 after the date on which the employee is required to be separated from the service by reason of such section; and;

“working percentage” applies in that section

the term “working percentage” means the percentage of full-time employment equal to the quotient obtained by dividing— (A) the number of hours per pay period to be worked by a phased retiree, as scheduled in accordance with subsection (b)(2); by (B) the number of hours per pay period to be worked by an employee serving in a comparable position on a full-time basis.

“major organizational adjustment” applies in that section

the term “major organizational adjustment” means any of the following: (A) A major reorganization. (B) A major reduction in force. (C) A major transfer of function. (D) A workforce restructuring— (i) to meet mission needs; (ii) to achieve one or more reductions in strength; (iii) to correct skill imbalances; or (iv) to reduce the number of high-grade, managerial, supervisory, or similar positions.

“applicable percentage” applies in that section

the term “applicable percentage” means— (i) 50 percent in the case of an annuity, entitlement to which is based on a death or other separation occurring during the period beginning on the date of enactment of this paragraph and ending on December 31, 2013 ; and (ii) 100 percent in the case of an annuity, entitlement to which is based on a death or other separation occurring after December 31, 2013 .

“benefit computation year” applies in that section

the term “benefit computation year” has the meaning provided in section 215(b)(2)(B)(i) of the Social Security Act; (B) the term “average total wages of all workers”, for a year, means the average of the total wages, as defined and computed under section 215(b)(3)(A)(ii)(I) of the Social Security Act for such year; and (C) the term “service” does not include military service. (c) An amount under this section shall, for purposes of section 8467, be treated in the same way as an amount computed under section 8415.

“air traffic controller” applies in that section

the term “air traffic controller” or “controller” has the meaning given to it under section 8401(35)(A). (b) (1) A law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer who is otherwise eligible for immediate retirement under section 8412(d)(1) shall be separated from the service on the last day of the month in which that law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer 1 as the case may be, becomes 57 years of age or completes 20 years of service if then over that age.

“controller” applies in that section

the term “air traffic controller” or “controller” has the meaning given to it under section 8401(35)(A). (b) (1) A law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer who is otherwise eligible for immediate retirement under section 8412(d)(1) shall be separated from the service on the last day of the month in which that law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer 1 as the case may be, becomes 57 years of age or completes 20 years of service if then over that age.

“eligible individual” applies in that section

the term “eligible individual” means any individual who, after any regulations under subparagraph (A) first take effect, is appointed, transferred, or reappointed to a position in which that individual becomes eligible to contribute to the Thrift Savings Fund. (ii) (ii) 1 Except in the case of a full TSP member (as defined in section 8440e(a)), members of the uniformed services shall not be eligible individuals for purposes of this paragraph. (E) Sections 8351(a)(1), 8440a(a)(1), 8440b(a)(1), 8440c(a)(1), 8440d(a)(1), and 8440e(b)(1) shall be applied in a manner consistent with the purposes of this paragraph.

“eligible rollover distribution” applies in that section

the term “eligible rollover distribution” has the meaning given such term by section 402(c)(4) of the Internal Revenue Code of 1986; and;

“qualified trust” applies in that section

the term “qualified trust” has the meaning given such term by section 402(c)(8) of the Internal Revenue Code of 1986. (2) An employee or Member may contribute to the Thrift Savings Fund an eligible rollover that a qualified trust could accept under the Internal Revenue Code of 1986. A contribution made under this subsection shall be made in the form described in section 401(a)(31) of the Internal Revenue Code of 1986. In the case of an eligible rollover distribution, the maximum amount transferred to the Thrift Savings Fund shall not exceed the amount which would otherwise have been included in the employee’s or Member’s gross income for Federal income tax purposes.

“covered person” applies in that section

the term “covered person” means any person who— (1) 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; (2) 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 (3) is reemployed pursuant to section 3582(b) to a position covered by chapter 83 …

“designated Roth contribution” applies in that section

the terms “designated Roth contribution” and “elective deferral” have the meanings given such terms in section 402A of the Internal Revenue Code of 1986. (b) Authority To Establish .— The Executive Director shall by regulation provide for the inclusion in the Thrift Savings Plan of a qualified Roth contribution program, under such terms and conditions as the Board may prescribe.

“elective deferral” applies in that section

the terms “designated Roth contribution” and “elective deferral” have the meanings given such terms in section 402A of the Internal Revenue Code of 1986. (b) Authority To Establish .— The Executive Director shall by regulation provide for the inclusion in the Thrift Savings Plan of a qualified Roth contribution program, under such terms and conditions as the Board may prescribe.

“qualified Roth contribution program” applies in that section

the term “qualified Roth contribution program” means a program described in paragraph (1) of section 402A(b) of the Internal Revenue Code of 1986 which meets the requirements of paragraph (2) of such section; and;

“Common Stock Index Investment Fund” applies in that section

the term “Common Stock Index Investment Fund” means the Common Stock Index Investment Fund established under subsection (b)(1)(C);

“debt issuance suspension period” applies in that section

the term “debt issuance suspension period” means any period for which the Secretary of the Treasury determines for purposes of this subsection that the issuance of obligations of the United States may not be made without exceeding the public debt limit. (h) (1) The Secretary of the Treasury shall report to Congress on the operation and status of the Thrift Savings Fund during each debt issuance suspension period for which the Secretary is required to take action under paragraph (3) or (4) of subsection (g) of this section.

“equity capital” applies in that section

the term “equity capital” means common and preferred stock, surplus, undivided profits, contingency reserves, and other capital reserves;

“Fixed Income Investment Fund” applies in that section

the term “Fixed Income Investment Fund” means the Fixed Income Investment Fund established under subsection (b)(1)(B);

“Government Securities Investment Fund” applies in that section

the term “Government Securities Investment Fund” means the Government Securities Investment Fund established under subsection (b)(1)(A);

“International Stock Index Investment Fund” applies in that section

the term “International Stock Index Investment Fund” means the International Stock Index Investment Fund established under subsection (b)(1)(E);

“net worth” applies in that section

the term “net worth” means capital, paid-in and contributed surplus, unassigned surplus, contingency reserves, group contingency reserves, and special reserves;

“plan” applies in that section

the term “plan” means an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(3) );

“public debt limit” applies in that section

the term “public debt limit” means the limitation imposed by section 3101(b) of title 31 ; and;

“qualified professional asset manager” applies in that section

the term “qualified professional asset manager” means— (A) a bank, as defined in section 202(a)(2) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–2(a)(2) ) which— (i) has the power to manage, acquire, or dispose of assets of a plan; and (ii) has, as of the last day of its latest fiscal year ending before the date of a determination for the purpose of this clause, equity capital in excess of $1,000,000; (B) a savings and loan association, the accounts of which are insured by the Federal Deposit Insurance Corporation, which— (i) has applied for and been granted trust powers to manage, acquire, or dispose of assets of a plan by a State or Government authority having supervision over …

“Small Capitalization Stock Index Investment Fund” applies in that section

the term “Small Capitalization Stock Index Investment Fund” means the Small Capitalization Stock Index Investment Fund established under subsection (b)(1)(D). (b) (1) The Board shall establish— (A) a Government Securities Investment Fund under which sums in the Thrift Savings Fund are invested in securities of the United States Government issued as provided in subsection (e); (B) a Fixed Income Investment Fund under which sums in the Thrift Savings Fund are invested in— (i) insurance contracts; (ii) certificates of deposits; or (iii) other instruments or obligations selected by qualified professional asset managers, which return the amount invested and pay interest, at a specified rate or …

“basic pay” applies in that section

the term “basic pay” means basic pay payable under section 204 of title 37 ;

“full TSP member” applies in that section

the term “full TSP member” means a member described in subsection (e)(1);

“member” applies in that section

the term “member” has the meaning given the term in section 211 of title 37 ; and;

“Secretary concerned” applies in that section

the term “Secretary concerned” has the meaning given the term in section 101 of title 37 . (b) (1) Any member eligible to participate in the Thrift Savings Plan by virtue of section 211(b) of title 37 may contribute to the Thrift Savings Fund. (2) (A) Except as provided in subparagraph (B), an election to contribute to the Thrift Savings Fund under this section may be made as provided under section 8432(b).

“child” applies throughout its subchapter

the term “child” means— (A) an unmarried dependent child under 18 years of age, including (i) an adopted child, (ii) a stepchild but only if the stepchild lived with the employee, Member, or annuitant in a regular parent-child relationship, (iii) a recognized natural child, and (iv) a child who lived with and for whom a petition of adoption was filed by an employee, Member, or annuitant and who is adopted by the widow or widower of the employee, Member, or annuitant after the death of such employee, Member, or annuitant; (B) such unmarried dependent child regardless of age who is incapable of self-support because of mental or physical disability incurred before age 18; or (C) such unmarried …

“widow” applies throughout its subchapter

the term “widow” means the surviving wife of an employee, Member, or annuitant, or of a former employee or Member, who— (A) was married to him for at least 9 months immediately before his death; or (B) is the mother of issue by that marriage;

“widower” applies throughout its subchapter

the term “widower” means the surviving husband of an employee, Member, or annuitant, or of a former employee or Member, who— (A) was married to her for at least 9 months immediately before her death; or (B) is the father of issue by that marriage; (3) the term “dependent”, in the case of any child, means that the employee, Member, or annuitant involved was, at the time of death of the employee, Member, or annuitant either living with or contributing to the support of such child, as determined in accordance with such regulations as the Office shall prescribe; and;

“child” applies in that section

the term “child” means an individual under 18 years of age.

“judgment rendered for physically, sexually, or emotionally abusing a child” applies in that section

the term “judgment rendered for physically, sexually, or emotionally abusing a child” means any legal claim perfected through a final enforceable judgment, which claim is based in whole or in part upon the physical, sexual, or emotional abuse of a child, whether or not that abuse is accompanied by other actionable wrongdoing, such as sexual exploitation or gross negligence; and;

“head of an agency” applies in that section

the term “head of an agency” means— (i) the head of an Executive agency, other than the Department of Defense or the Government Accountability Office; (ii) the head of the United States Postal Service; (iii) the Director of the Administrative Office of the United States Courts, with respect to employees of the judicial branch; and (iv) any employing authority described under subsection (h)(2), other than the Government Accountability Office; and;

“limited time appointee” applies in that section

the term “limited time appointee” means an annuitant appointed under a temporary appointment limited to 1 year or less. (2) The head of an agency may waive the application of subsection (a) with respect to any annuitant who is employed in such agency as a limited time appointee, if the head of the agency determines that the employment of the annuitant is necessary to— (A) fulfill functions critical to the mission of the agency, or any component of that agency; (B) assist in the implementation or oversight of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ) or the Troubled Asset Relief Program under title I of the Emergency Economic Stabilization Act of 2008 ( 12 …

“annuitant” applies in that section

the term “annuitant” includes a survivor who is receiving an annuity from the Fund.

“State” applies in that section

the term “State” means a State, the District of Columbia, or any territory or possession of the United States; and;

“beneficiary” applies throughout its subchapter

the term “beneficiary” means an individual (other than a participant) entitled to payment from the Thrift Savings Fund under subchapter III of this chapter;

“Council” applies throughout its subchapter

the term “Council” means the Employee Thrift Advisory Council established under section 8473 of this title ;

“participant” applies throughout its subchapter

the term “participant” means an individual for whom an account has been established under section 8439 of this title ;

“person” applies throughout its subchapter

the term “person” means an individual, partnership, joint venture, corporation, mutual company, joint-stock company, trust, estate, unincorporated organization, association, or labor organization; and;

“Thrift Savings Fund” applies throughout its subchapter

the term “Thrift Savings Fund” means the Thrift Savings Fund established under section 8437 of this title .

“adequate consideration” applies in that section

the term “adequate consideration” means— (A) in the case of a security for which there is a generally recognized market— (i) the price of the security prevailing on a national securities exchange which is registered under section 6 of the Securities Exchange Act of 1934; or (ii) if the security is not traded on such a national securities exchange, a price not less favorable to the Thrift Savings Fund than the offering price for the security as established by the current bid and asked prices quoted by persons independent of the issuer and of any party in interest; and (B) in the case of an asset other than a security for which there is a generally recognized market, the fair market value of …

“fiduciary” applies in that section

the term “fiduciary” means— (A) a member of the Board; (B) the Executive Director; (C) any person who has or exercises discretionary authority or discretionary control over the management or disposition of the assets of the Thrift Savings Fund; and (D) any person who, with respect to the Thrift Savings Fund, is described in section 3(21)(A) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(21)(A) ); and;

“party in interest” applies in that section

the term “party in interest” includes— (A) any fiduciary; (B) any counsel to a person who is a fiduciary, with respect to the actions of such person as a fiduciary; (C) any participant; (D) any person providing services to the Board and, with respect to the actions of the Executive Director as a fiduciary any person providing services to the Executive Director; (E) a labor organization, the members of which are participants; (F) a spouse, sibling, ancestor, lineal descendant, or spouse of a lineal descendant of a person described in subparagraph (A), (B), or (D); (G) a corporation, partnership, or trust or estate of which, or in which, at least 50 percent of— (i) the combined voting power …

“Federal service” applies in that section

the term “Federal service” includes Federal service as defined in section 8521(a).

“covered individual” applies in that section

the term “individual covered under this chapter” or “covered individual” means an employee, annuitant, family member, or former spouse covered by a health benefits plan described by section 8903 or 8903a; (C) an individual or entity shall be considered to have been “convicted” of a criminal offense if— (i) a judgment of conviction for such offense has been entered against the individual or entity by a Federal, State, or local court; (ii) there has been a finding of guilt against the individual or entity by a Federal, State, or local court with respect to such offense; (iii) a plea of guilty or nolo contendere by the individual or entity has been accepted by a Federal, State, or local court …

“individual covered under this chapter” applies in that section

the term “individual covered under this chapter” or “covered individual” means an employee, annuitant, family member, or former spouse covered by a health benefits plan described by section 8903 or 8903a; (C) an individual or entity shall be considered to have been “convicted” of a criminal offense if— (i) a judgment of conviction for such offense has been entered against the individual or entity by a Federal, State, or local court; (ii) there has been a finding of guilt against the individual or entity by a Federal, State, or local court with respect to such offense; (iii) a plea of guilty or nolo contendere by the individual or entity has been accepted by a Federal, State, or local court …

“provider” applies in that section

the term “provider of health care services or supplies” or “provider” means a physician, hospital, or other individual or entity which furnishes health care services or supplies;

“provider of health care services or supplies” applies in that section

the term “provider of health care services or supplies” or “provider” means a physician, hospital, or other individual or entity which furnishes health care services or supplies;

“should know” applies in that section

the term “should know” means that a person, with respect to information, acts in deliberate ignorance of, or in reckless disregard of, the truth or falsity of the information, and no proof of specific intent to defraud is required; 1 (2) (A) Notwithstanding section 8902(j) or any other provision of this chapter, if, under subsection (b), (c), or (d) a provider is barred from participating in the program under this chapter, no payment may be made by a carrier pursuant to any contract under this chapter (either to such provider or by reimbursement) for any service or supply furnished by such provider during the period of the debarment.

“covered Medicare individual” applies in that section

the term “covered Medicare individual” means an individual who is entitled to benefits under Medicare part A, but excluding an individual who is eligible to enroll under such part under section 1818 or 1818A of the Social Security Act ( 42 U.S.C. 1395i–2 , 1395i–2a);

“initial contract year” applies in that section

the term “initial contract year” means the contract year beginning in January of 2025;

“initial participating carrier” applies in that section

the term “initial participating carrier” means a carrier that enters into a contract with the Office to participate in the Program during the initial contract year;

“Medicare part A” applies in that section

the term “Medicare part A” means part A of title XVIII of the Social Security Act ( 42 U.S.C. 1395c et seq.);

“Medicare part B” applies in that section

the term “Medicare part B” means part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq.);

“navigator” applies in that section

the term “navigator” means an employee of the Postal Service or of a contractor of the Postal Service who is designated by the Postal Service or contractor to carry out activities under paragraph (5). (2) Establishment .— Not later than 18 months after the date of enactment of this section, the Postal Service shall establish a Health Benefits Education Program.

“Office” applies in that section

the term “Office” means the Office of Personnel Management;

“Postal Service” applies in that section

the term “Postal Service” means the United States Postal Service;

“Postal Service annuitant” applies in that section

the term “Postal Service annuitant” means an annuitant enrolled in a health benefits plan under this chapter whose Government contribution is required to be paid under section 8906(g)(2);

“Postal Service employee” applies in that section

the term “Postal Service employee” means an employee of the Postal Service enrolled in a health benefits plan under this chapter whose Government contribution is paid by the Postal Service;

“Postal Service Medicare covered annuitant” applies in that section

the term “Postal Service Medicare covered annuitant” means an individual who— (A) is a Postal Service annuitant; and (B) is a covered Medicare individual;

“Program” applies in that section

the term “Program” means the Postal Service Health Benefits Program established under subsection (c) within the Federal Employees Health Benefits Program;

“Program plan” applies in that section

the term “Program plan” means a health benefits plan offered under the Program; and (13) the definitions set forth in section 8901 shall apply, and for the purposes of applying such definitions in carrying out this section, a Postal Service employee and Postal Service annuitant shall be treated in the same manner as an employee and an annuitant (as those terms are defined in paragraphs (1) and (3), respectively, of section 8901), consistent with the requirements of this section.

“Medicare program information” applies in that section

the term “Medicare program information” includes (i) the limitations on hospital charges established for Medicare purposes under section 1886 of the Social Security Act ( 42 U.S.C. 1395ww ) and the identity of hospitals which have in force agreements with the Secretary of Health and Human Services consistent with section 1814(a) and 1866 of the Social Security Act ( 42 U.S.C. 1395f(a) and 1395cc), and (ii) the fee schedule amounts and limiting charges for physicians’ services established under section 1848 of such Act ( 42 U.S.C. 1395w–4 ) and the identity of participating physicians and suppliers who have in force agreements with such Secretary under section 1842(h) of such Act ( 42 U.S.C.

“enrollee” applies in that section

the term “enrollee” means any individual who, during the contract year for which the weighted average is to be used under this section, will be eligible for a Government contribution for health benefits. (b) (1) Except as provided in paragraphs (2), (3), and (4), the biweekly Government contribution for health benefits for an employee or annuitant enrolled in a health benefits plan under this chapter is adjusted to an amount equal to 72 percent of the weighted average under subsection (a)(1)(A) or (B), as applicable. For an employee, the adjustment begins on the first day of the employee’s first pay period of each year.

“estimated net claims costs” applies in that section

the term “estimated net claims costs” shall mean the difference between— (1) the sum of— (A) the estimated costs incurred by a carrier in providing health services to, paying for health services provided to, or reimbursing expenses for health services provided to, annuitants of the United States Postal Service and any other persons covered under the enrollment of such annuitants; and (B) an amount of indirect expenses reasonably allocable to the provision, payment, or reimbursement described in subparagraph (A), as determined by the Office; and (2) the amount withheld from the annuity of or paid by annuitants of the United States Postal Service under section 8906.

“annuitant” applies throughout its chapter

The terms “annuitant”, “member of family”, and “dependent” have the meanings as such terms are defined under paragraphs (3), (5), and (9), respectively, of section 8901. (3) The term “eligible individual” refers to an individual described in paragraph (1), (2), or (8), without regard to whether the individual is enrolled in a health benefits plan under chapter 89.;

“covered TRICARE-eligible individual” applies throughout its chapter

The term “covered TRICARE-eligible individual” means an individual entitled to dental care under chapter 55 of title 10, pursuant to section 1076c of such title, who the Secretary of Defense determines should be an eligible individual for purposes of this chapter.

“dependent” applies throughout its chapter

The terms “annuitant”, “member of family”, and “dependent” have the meanings as such terms are defined under paragraphs (3), (5), and (9), respectively, of section 8901. (3) The term “eligible individual” refers to an individual described in paragraph (1), (2), or (8), without regard to whether the individual is enrolled in a health benefits plan under chapter 89.;

“employee” applies throughout its chapter

The term “employee” means an employee defined under section 8901(1) and an employee of the District of Columbia courts.;

“employee organization” applies throughout its chapter

The term “employee organization” means an association or other organization of employees which is national in scope, or in which membership is open to all employees of a Government agency who are eligible to enroll in a health benefits plan under chapter 89.;

“member of family” applies throughout its chapter

The terms “annuitant”, “member of family”, and “dependent” have the meanings as such terms are defined under paragraphs (3), (5), and (9), respectively, of section 8901. (3) The term “eligible individual” refers to an individual described in paragraph (1), (2), or (8), without regard to whether the individual is enrolled in a health benefits plan under chapter 89.;

“Office” applies throughout its chapter

The term “Office” means the Office of Personnel Management.;

“qualified company” applies throughout its chapter

The term “qualified company” means a company (or consortium of companies or an employee organization defined under section 8901(8)) that offers indemnity, preferred provider organization, health maintenance organization, or discount dental programs and if required is licensed to issue applicable coverage in any number of States, taking any subsidiaries of such a company into account (and, in the case of a consortium, considering the member companies and any subsidiaries thereof, collectively).;