118 STAT. 3891 PUBLIC LAW 108–469—DEC. 21, 2004 Public Law 108–469 108th Congress An Act To amend chapter 84 of title 5, United States Code, to provide for Federal employees to make elections to make, modify, and terminate contributions to the Thrift Savings Fund at any time, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ELECTIONS FOR THRIFT SAVINGS PLAN CONTRIBUTIONS. (a) SHORT TITLE.—This Act may be cited as the ‘‘Thrift Savings Plan Open Elections Act of 2004’’. (b) IN GENERAL.—Section 8432(b)(1)(A) of title 5, United States Code, is amended— (1) in the first sentence— (A) by inserting ‘‘(i)’’ before ‘‘The Executive Director’’; and (B) by striking ‘‘shall be afforded a reasonable period every 6 months to elect to’’ and inserting ‘‘may’’; (2) by striking the second sentence; and (3) by adding at the end the following: ‘‘(ii) An election to make contributions under this paragraph— ‘‘(I) may be made at any time; ‘‘(II) shall take effect on the earliest date after the election that is administratively feasible; and ‘‘(III) shall remain in effect until modified or terminated.’’. (c) CONTINUATION OF NOT MAKING IMMEDIATE AGENCY CON- TRIBUTIONS.—Section 8432(b)(4)(C) of title 5, United States Code, is amended— (1) by inserting ‘‘(i)’’ after ‘‘(C)’’; and (2) by adding at the end the following: ‘‘(ii) Notwithstanding subparagraph (A) or (B), contribu- tions under paragraphs (1) and (2) of subsection (c) shall not begin to be made with respect to an employee or Member described under paragraph (2)(A) or (B) until the date that such contributions would have begun to be made in accordance with this paragraph as administered on the date preceding the date of enactment of the Thrift Savings Plan Open Elections Act of 2004.’’. (d) TECHNICAL AND CONFORMING AMENDMENTS.— (1) CIVIL SERVICE RETIREMENT SYSTEM PARTICIPATION.— Section 8351(a)(2) of title 5, United States Code, is amended by striking ‘‘only during a period’’ and inserting ‘‘as’’. (2) CONTRIBUTIONS BY PREVIOUSLY INELIGIBLE EMPLOYEES.—Section 8432(b)(2) of title 5, United States Code, is amended— 5 USC 101 note. Thrift Savings Plan Open Elections Act of 2004. Dec. 21, 2004 [H.R. 4324] VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00425 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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