PUBLIC LAW 101-335—JULY 17, 1990 104 STAT. 319 Public Law 101- 101st Congress 335 An Act Amending subchapter III of chapter 84 of title 5, United States Code. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "Thrift Savings Plan Technical Amendments Act of 1990". SEC. 2. CORRECTION OF EMPLOYING AGENCY ERRORS RELATING TO THE THRIFT SAVINGS PLAN. (a) IN GENERAL.— (1) AMENDMENT TO CHAPTER 84. —Chapter 84 of title 5, United States Code, is amended by inserting after section 8432 the following: "§ 8432a. Payment of lost earnings "(a)(1) The Executive Director shall prescribe regulations under which an employing agency shall be required to pay to the Thrift Savings Fund amounts representing lost earnings resulting from errors (including errors of omission) made by such agency in carry- ing out this subchapter, subject to paragraph (2). "(2) If the error involves an employing agency's failure to deduct from basic pay contributions (in whole or in part) on behalf of an individual in accordance with section 8432(a), the regulations shall not provide for the payment of any lost earnings which would be attributable to— "(A) the contributions that the agency failed to deduct from basic pay in accordance with section 8432(a); or "(B) any related contributions under section 8432(c)(2) that the employing agency is not required (by statute or otherwise) to make up. "(b) The regulations— "(1) shall include— "(A) procedures for computing lost earnings; and "(B) procedures under which amounts paid to the Thrift Savings Fund under this section shall be credited to appropriate accounts; "(2) may provide for exceptions from the requirements of this section to the extent that correction of an error is not administratively feasible; "(3) may require an employing gigency to reimburse the Thrift Savings Fund for costs incurred by the Thrift Savings Fund in implementing corrections of employing agency errors under this section; and "(4) may include such other provisions as the Executive Director determines appropriate to carry out this section. "(c) Any amounts required to be paid by an employing agency under th^ section shall be paid from the appropriation or fund July 17, 1990 [H.R. 2514] Thrift Savings Plan Technical Amendments Act of 1990. Government organization and employees. Retirement, 5 USC 8401 note. Regulations. - 194 0-91
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