Page:United States Statutes at Large Volume 100 Part 1.djvu/580

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 544

PUBLIC LAW 99-335—JUNE 6, 1986

"(ii) a position listed in section 5312, 5313, 5314, 5315, or 5316 of this title or a position placed in level IV or V of the Executive Schedule under section 5317 of this title; or "(iii) a position in the Executive branch which is excepted from the competitive service by the Office by reason of the confidential and policy-determining character of the position; or "(B) 3 years of civilian service in the case of an employee who is not serving in a position described in subparagraph (A) at the time of separation. "(3) Contributions made for the benefit of a Member or Congressional employee under subsection (c)(1) and all earnings attributable to such contributions shall be forfeited if the Member or Congressional employee separates from Government employment before completing 2 years of civilian service. "(h) No transfers or contributions may be made to the Thrift Savings Fund except as provided in this chapter or section 8351 of this title. 5 USC 8433.

5 USC 8101.

"§ 8433. Benefits and election of benefits "(a) An employee or Member who separates from Government employment is entitled to the amount of the balance in the employee's or Member's account (except for the portion of such amount forfeited under section 8432(g) of this title, if any) as provided in this section. "(b) Subject to section 8435 of this title, any employee or Member who separates from Government employment entitled to an immediate annuity under subchapter II of this chapter, any employee or Member who separates from Government employment entitled to benefits under subchapter I of chapter 81 of this title, and any employee or Member who is entitled to receive disability benefits under subchapter V of this chapter is entitled and may elect— "(1) to receive an immediate annuity from the Thrift Savings Fund; "(2) to defer the commencement of the payment of an annuity from the Thrift Savings Fund until such date as the employee or Member specifies, but not later than April 1 of the year following the year in which the employee or Member becomes 70 V years of age; 2 "(3) to withdraw the amount of the balance in the employee's or Member's account in the Thrift Savings Fund in one or more substantially equal payments to be made not less frequently than annually and to commence before April 1 of the year following the year in which the employee or Member becomes 70 V years of age; or 2 "(4) to transfer the amount of the balance in the employee's or Member's account to an eligible retirement plan as provided in subsection (e). "(c) Subject to section 8435 of this title, any employee or Member who separates from Government employment entitled to a deferred annuity under subchapter II of this chapter is entitled and may elect— "(1) to receive an immediate annuity from the Thrift Savings Fund; "(2) to defer the commencement of the payment of an annuity from the Thrift Savings Fund until such date as the employee or Member specifies, but not later than April 1 of the year