123STA T . 1 85 3 PUBLIC LA W 111 – 31 —J U NE 22 , 2 0 0 9TI T LE I —PROV I S IO N S REL A TIN G TO F E D ERAL E M PLO Y EES RETIREMENT SEC.10 1.S HORT T I T L E. Thist it lemayb e c ite d as the ‘ ‘Th r i f t S a v i ng s P lan E nhance - ment A ct o f 20 0 9’ ’ . SEC. 10 2 . AU TO M ATIC E N ROLLMENTS AN D IMMEDIATE EM P LO Y IN G AGENCY CONTRI B UTIONS. ( a )INGE NE RAL . — Section 843 2(b) of title 5,U nited States C ode, is amended by stri k ing p aragraphs (2) thro u gh (4) and inserting the follo w ing
‘‘(2)(A) The E x ecutive D irector shall by regulation provide for an eligible individual to be automatically enrolled to make contribu- tions under subsection (a) at the default percentage of basic pay. ‘‘( B ) F or purposes of this paragraph, the default percentage shall be e q ual to 3 percent or such other percentage, not less than 2 percent nor more than 5 percent, as the Board may prescribe. ‘‘(C) The regulations shall include provisions under which any individual who would otherwise be automatically enrolled in accord- ance with subparagraph (A) may— ‘‘(i) modify the percentage or amount to be contributed pursuant to automatic enrollment, effective not later than the first full pay period following receipt of the election by the appropriate processing entity
or ‘‘(ii) decline automatic enrollment altogether. ‘‘(D)(i) Except as provided in clause (ii), for purposes of this paragraph, the term ‘eligible individual’ means any individual who, after any regulations under subparagraph (A) first take effect, is appointed, transferred, or reappointed to a position in which that individual becomes eligible to contribute to the Thrift Savings Fund. ‘‘(ii) M embers of the uniformed services shall not be eligible individuals for purposes of this paragraph. ‘‘(E) Sections 835 1 (a)(1), 8440a(a)(1), 8440b(a)(1), 8440c(a)(1), 8440d(a)(1), and 8440e(a)(1) shall be applied in a manner consistent with the purposes of this paragraph.’’. (b) TE CH N I CAL A M EN D MEN T .—Section 8432(b)(1) of title 5, United States Code, is amended by striking the parenthetical matter in subparagraph (B). SEC. 10 3 . Q UALI F IED ROTH CONTRIBUTION PROGRAM. (a) IN GENERAL.—Subchapter III of chapter 84 of title 5, United States Code, is amended by inserting after section 8432c the fol- lowing: ‘ ‘ §8432d.Qualif i e d Rothc o n t r i b ution p ro g ra m ‘‘(a) DE F INITI O N S .—For purposes of this section— ‘‘(1) the term ‘qualified R oth contribution program’ means a program described in paragraph (1) of section 402A(b) of the Internal Revenue Code of 198 6 which meets the require- ments of paragraph (2) of such section; and ‘‘(2) the terms ‘designated Roth contribution’ and ‘elective deferral’ have the meanings given such terms in section 402A of the Internal Revenue Code of 1986. Ap p licab ili ty.Regu lati ons . 5USC10 1 note. Thr i f t Sa v ings P lan E nhance m ent Act of 2 00 9 .
