Page:United States Statutes at Large Volume 100 Part 1.djvu/577

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 541

"(b) A law enforcement officer or firefighter who is otherwise eligible for immediate retirement under section 8412(d) shall be separated from the service on the last day of the month in which that law enforcement officer or firefighter becomes 55 years of age or completes 20 years of service if then over that age. If the head of the agency judges that the public interest so requires, that agency head may exempt such an employee from automatic separation under this subsection until that employee becomes 60 years of age. The employing office shall notify the employee in writing of the date of separation at least 60 days before that date. Action to separate the employee is not effective, without the consent of the employee, until the last day of the month in which the 60-day notice expires. "(c) The President, by Executive order, may exempt an employee President of U.S. from automatic separation under this section if the President determines the public interest so requires. "SUBCHAPTER III—THRIFT SAVINGS PLAN "§ 8431. Definition 5 USC 8431. "Notwithstanding section 8401 of this, title, for the purpose of this subchapter, the term 'basic pay', when used with respect to an employee or Member, means the bgisic pay of the employee or Member established pursuant to law, without regard to any provision of law (except sections 5308 and 538200) of this title) limiting the rate of pay actually payable in any pay period (including any provision of law restricting the use of appropriated funds). "§ 8432. Contributions 5 USC 8432. "(a) An employee or Member may contribute to the Thrift Savings Fund in any pay period, pursuant to an election under subsection (b)(l), an amount not to exceed 10 percent of such individual's basic pay for such period. Contributions made under this subsection during any 6-month period for which an election period is provided under subsection 0))(1) shall be made each pay period during such 6-month period pursuant to a program of regular contributions provided in regulations prescribed by the Executive Director. "(b)(1)(A) The Executive Director shall prescribe regulations under Regulations, which employees and Members shall be afforded a reasonable period every 6 months to elect to make contributions under subsection (a), to modify the amount to be contributed under such subsection, or to terminate such contributions. An election to make such contributions shall remain in effect until modified or terminated. "(B) The amount to be contributed pursuant to an election under subparagraph (A) shall be the percentage of bgisic pay or amount designated by the employee or Member. "(2) Under the regulations— "(A) an employee or Member who has not previously been eligible to make an election under this subsection shall not become so eligible until the second period (described in paragraph (D) beginning after the date of commencing service as an employee or Member; "(B) an employee or Member whose appointment or election to a position or office in the Federal Government follows a previous period of service during which that individual met the requirements of subparagraph (A) shall be eligible to make an