2015 US Code
Title 5 - Government Organization and Employees (Sections 101 - 11001)
Part III - Employees (Sections 2101 - 11001)
Subpart G - Insurance and Annuities (Sections 8101 - 9009)
Chapter 84 - Federal Employees' Retirement System (Sections 8401 - 8480)
Subchapter III - Thrift Savings Plan (Sections 8431 - 8440f)
Sec. 8431 - Certain transfers to be treated as a separation

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Metadata
Publication TitleUnited States Code, 2012 Edition, Supplement 3, Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart G - Insurance and Annuities
CHAPTER 84 - FEDERAL EMPLOYEES' RETIREMENT SYSTEM
SUBCHAPTER III - THRIFT SAVINGS PLAN
Sec. 8431 - Certain transfers to be treated as a separation
Containssection 8431
Date2015
Laws In Effect As Of DateJanuary 3, 2016
Positive LawYes
Dispositionstandard
Source CreditAdded Pub. L. 106-168, title II, §203(a)(1), Dec. 12, 1999, 113 Stat. 1820.
Statutes at Large References100 Stat. 541
104 Stat. 1427
110 Stat. 3009-314
113 Stat. 1820
Public and Private LawsPublic Law 99-335, Public Law 104-208, Public Law 106-168

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5 U.S.C. § 8431 (2015)
§8431. Certain transfers to be treated as a separation

(a) For purposes of this subchapter, separation from Government employment includes a transfer from a position that is subject to one of the retirement systems described in subsection (b) to a position that is not subject to any of them.

(b) The retirement systems described in this subsection are—

(1) the retirement system under this chapter;

(2) the retirement system under subchapter III of chapter 83; and

(3) any other retirement system under which individuals may contribute to the Thrift Savings Fund through withholdings from pay.

(Added Pub. L. 106–168, title II, §203(a)(1), Dec. 12, 1999, 113 Stat. 1820.)

PRIOR PROVISIONS

A prior section 8431, added Pub. L. 99–335, title I, §101(a), June 6, 1986, 100 Stat. 541; amended Pub. L. 101–509, title V, §529 [title I, §101(b)(6)(B)], Nov. 5, 1990, 104 Stat. 1427, 1440, provided a definition of "basic pay" for this subchapter, prior to repeal by Pub. L. 104–208, div. A, title I, §101(f) [title VI, §659 [title II, §§206(a)(2), 207]], Sept. 30, 1996, 110 Stat. 3009–314, 3009–372, 3009–378, effective Sept. 30, 1996.

EFFECTIVE DATE

Pub. L. 106–168, title II, §203(c), Dec. 12, 1999, 113 Stat. 1820, provided that: "The amendments made by this section [enacting this section and amending section 8351 of this title] shall apply with respect to transfers occurring before, on, or after the date of the enactment of this Act [Dec. 12, 1999], except that, for purposes of applying such amendments with respect to any transfer occurring before such date of enactment, the date of such transfer shall be considered to be the date of the enactment of this Act. The Executive Director (within the meaning of section 8401(13) of title 5, United States Code) may prescribe any regulations necessary to carry out this subsection."

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