Page:United States Statutes at Large Volume 104 Part 1.djvu/357

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PUBLIC LAW 101-335 —JULY 17, 1990 104 STAT. 323 "(B) occurs the tenth anniversary of the year in which the employee, Member, former employee, or former Member beceime subject to this subchapter; or "(C) the employee, Member, former employee, or former Member separates from Government employment." (3) WAIVER OF NOTIFICATION REQUIREMENTS. —Section 8435 of title 5, United States Code, is amended by redesignating subsection (h) as subsection (i), and by inserting after subsection (g) the following: "(h) Except with respect to the making of loans under section 8433(i), none of the provisions of this section requiring notification to, or the consent or waiver of, a spouse or former spouse of an employee. Member, former employee, or former Member shall apply in any case in which the nonforfeitable account balance of the employee, Member, former employee, or former Member is $3,500 or less." (b) CONFORMING AMENDMENTS, — (1) CSRS.—Section 8351(b) of title 5, United States Code, as amended by section 3(b)(l), is further amended— (A) by adding after paragraph (7) the following: "(8) Notwithstanding paragraph (6), if an employee or Member who elects to make contributions to the Thrift Savings Fund under subsection (a) separates from Government employment before becoming entitled to a deferred or immediate annuity under this subchapter, and such employee's or Member's nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single pay- ment unless the employee or Member elects, at such time and otherwise in such manner as the Executive Director prescribes, to have the nonforfeitable account balance transferred to an eligible retirement plan as provided in section 8433(e). "(9) Notwithstanding paragraphs (4) and (5), if an employee or Member separates from Government employment under circumstances making such employee or Member eligible to make an election under subsection (b) or (c) of section 8433, and such employ- ee's or Member's nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the employee or Member elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under such subsection (b) or (c), as applicable. "(10) For the purpose of this section, the term 'nonforfeitable account balance' has the same meaning as under section 8401(32)."; and (B) by inserting after paragraph (7)(C) the following: "(D) Except with respect to the making of loans under section 8433(i), none of the provisions of this paragraph requiring notification to a spouse or former spouse of an employee, Member, former employee, or former Member shall apply in any case in which the nonforfeitable account balance of the employee. Member, former employee, or former Member is $3,500 or less." (2) JUSTICES AND JUDGES.— Subsection (b) of the first section 8440a of title 5, United States Code, as amended by section 3(b)(2), is further amended by adding at the end the following: "(7) Notwithstanding paragraph (5), if any justice or judge who elects to make contributions to the Thrift Savings Fund under