Page:United States Statutes at Large Volume 100 Part 1.djvu/613

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 577

ignated or revocation is effective on the first day of the month after the month in which the request or the revocation is processed by the Office, but in no event later than on the first day of the second month beginning after the day on which such request or revocation is received by the Office. "(d) This section does not give the consent of the United States to the application of a statute which imposes more burdensome requirements on the United States than on employers generally, or which subjects the United States or any annuitant to a penalty or liability because of this section. The Office may not accept pay from a State for services performed in withholding State income taxes from annuities. Any amount erroneously withheld from an annuity and paid to a State by the Office shall be repaid by the State in accordance with regulations issued by the Office. "(e) For the purpose of this section— "(1) the term 'State' means a State, the District of Columbia, or any territory or possession of the United States; and "(2) the term 'annuitant' includes a survivor who is receiving an annuity from the Fund. "§ 8470. Exemption from legal process; recovery of payments 5 USC 8470. "(a) An amount payable under subchapter II, IV, or V of this chapter is not assignable, either in law or equity, except under the provisions of section 8465 or 8467, or subject to execution, levy, attachment, garnishment or other legal process, except as otherwise may be provided by Federal laws. "(b) Recovery of payments under subchapter II, IV, or V of this chapter may not be made from an individual when, in the judgment of the Office, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money paid under subchapter II, IV, or V of this chapter on account of a certification or payment made by a former employee of the United States in the discharge of his official duties may be made only if the head of the agency on behalf of which the certification or payment was made certifies to the Office that the certification or payment involved fraud on the part of the former employee. "SUBCHAPTER VII—FEDERAL RETIREMENT THRIFT INVESTMENT MANAGEMENT SYSTEM "§ 8471. Definitions 5 USC 8471. "For the purposes of this subchapter— "(1) the term 'beneficiary' means an individual (other than a participant) entitled to payment from the Thrift Savings Fund under subchapter III of this chapter; "(2) the term 'Council' means the Employee Thrift Advisory Council established under section 8473 of this title; "(3) the term 'participant' means an individual for whom an account has been established under section 8439 of this title; "(4) the term 'person' means an individual, partnership, joint venture, corporation, mutual company, joint-stock company, trust, estate, unincorporated organization, association, or labor organization; and "(5) the term 'Thrift Savings Fund' means the Thrift Savings Fund established under section 8437 of this title.

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