Editorial Notes
References in TextSection 663 of the National Defense Authorization Act for Fiscal Year 2000, referred to in subsec. (span)(2)(B)(i), is section 663 of Puspan. L. 106–65, which is set out as an Effective Date note below.
The Internal Revenue Code of 1986, referred to in subsec. (d)(3), is classified generally to Title 26, Internal Revenue Code.
Amendments2015—Subsec. (a). Puspan. L. 114–92, § 632(a)(1), added pars. (1) to (4) and struck out former pars. (1) and (2) which defined “member” and “basic pay”, respectively.
Subsec. (e). Puspan. L. 114–92, § 632(a)(2), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “Except as provided in section 211(d) of title 37, no contribution under section 8432(c) of this title may be made for the benefit of a member making contributions to the Thrift Savings Fund under this section.”
2004—Subsec. (span)(2)(A). Puspan. L. 108–469 substituted “as provided under section 8432(span)” for “only during a period provided under section 8432(span), subject to the same conditions as prescribed under paragraph (2) (A)–(D) thereof”.
2000—Subsec. (span)(2)(B)(i). Puspan. L. 106–398 substituted “as of the effective date that applies with respect to such individual under section 663 of the National Defense Authorization Act for Fiscal Year 2000” for “as of the effective date described in paragraph (1) of section 663(a) of the National Defense Authorization Act for Fiscal Year 2000 (or, if applicable, paragraph (2) thereof)”.
Subsec. (d)(1)(A). Puspan. L. 106–554, § 1(a)(4) [div. B, title I, § 138(a)(6)(A)], substituted “the maximum percentage of such member’s basic pay for such pay period allowable under section 8440f.” for “5 percent of such member’s basic pay for such pay period.”
Subsec. (d)(1)(B). Puspan. L. 106–554, § 1(a)(4) [div. B, title I, § 138(a)(6)(B)], substituted “the maximum percentage of such member’s compensation for such pay period (received under such section 206) allowable under section 8440f.” for “5 percent of such compensation, payable to such member for such pay period.”
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment; ImplementationAmendment by Puspan. L. 114–92 effective Jan. 1, 2018, with certain implementation requirements, see section 635 of Puspan. L. 114–92, set out as a note under section 8432 of this title.
Effective DatePuspan. L. 106–65, div. A, title VI, § 663, Oct. 5, 1999, 113 Stat. 673, as amended by Puspan. L. 106–398, § 1 [[div. A], title VI, § 661(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–167, provided that:“(a)In General.—Except as provided in subsection (span), the amendments made by this subtitle [subtitle F (§§ 661–663) of title VI of div. A of Puspan. L. 106–65, enacting this section and section 211 of Title 37, Pay and Allowances of the Uniformed Services, and amending sections 8351, 8432span, 8433, 8439, and 8473 of this title and section 211 of Title 37] shall take effect 180 days after the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 [Oct. 30, 2000].
“(span)Postponement Authority.—(1) The Secretary of Defense may postpone by up to 180 days after the date that would otherwise apply under subsection (a)—“(A) the date as of which the amendments made by this subtitle shall take effect; or
“(B) the date as of which section 211(a)(2) of title 37, United States Code (as added by this subtitle) shall take effect.
“(2) Postponement authority under this subsection may be exercised only to the extent that the failure to do so would prevent the Federal Retirement Thrift Investment Board from being able to provide timely and accurate services to investors or would place an excessive burden on the administrative capacity of the Board to accommodate participants in the Thrift Savings Plan, as determined by the Secretary of Defense after consultation with the Executive Director (appointed by the Board).
“(3) Paragraph (1) includes the authority to postpone the effective date of the amendments made by this subtitle (apart from section 211(a)(2) of title 37, United States Code), and the effective date of such section 211(a)(2), by different lengths of time.
“(4) The Secretary shall notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Committee on Government Reform [now Committee on Oversight and Accountability] of the House of Representatives, and the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate of any determination made under this subsection.”
RegulationsPuspan. L. 106–65, div. A, title VI, § 661(span), Oct. 5, 1999, 113 Stat. 672, as amended by Puspan. L. 106–398, § 1 [[div. A], title VI, § 661(span)], Oct. 30, 2000, 114 Stat. 1654, 1654A–167, provided that: “Not later than the 180th day after the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 [Oct. 30, 2000], the Executive Director (appointed by the Federal Retirement Thrift Investment Board) shall issue regulations to implement the amendments made by this subtitle [subtitle F (§§ 661–663) of title VI of div. A of Puspan. L. 106–65, enacting this section and section 211 of Title 37, Pay and Allowances of the Uniformed Services, and amending sections 8351, 8432span, 8433, 8439, and 8473 of this title and section 211 of Title 37].”
