Page:United States Statutes at Large Volume 108 Part 1.djvu/145

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PUBLIC LAW 103-226—MAR. 30, 1994 108 STAT. 119 (1) by amending paragraph (4) to read as follows: "(4) Section 8433(b) of this title applies to any employee or Member who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and separates from Government employment."; (2) by striking paragraphs (5), (6), and (8); (3) by redesignating paragraphs (7), (9), and (10) as paragraphs (5), (6), and (7), respectively; (4) in paragraph (5)(C) (as so redesignated by paragraph (3) of this subsection) by striking "or former spouse" each place it appears; (5) by amending paragraph (6) (as so redesignated by paragraph (3) of this subsection) to read as follows: "(6) Notwithstanding paragraph (4), if an employee or Member separates from Government employment and such employee's or Member's nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the employee or Member elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under subsection (b)."; and (6) in paragraph (7) (as so redesignated by paragraph (3) of this subsection) by striking "nonforfeiture and inserting "nonforfeitable". (b) BENEFITS AND ELECTION OF BENEFITS.—Section 8433 of title 5, United States Code, is amended— (1) in subsection (b) by striking the matter before paragraph (1) and inserting the following: "(b) Subject to section 8435 of this title, any employee or Member who separates from Government employment is entitled and may elect—"; (2) by striking subsections (c) and (d) and redesignating subsections (e) through (i) as subsections (c) through (g), respectively; (3) in subsection (c)(1) (as so redesignated by paragraph (2) of this subsection) by striking "or (c)(4) or required under subsection (d) directly to an eligible retirement plan or plans (as defined in section 402(a)(5)(E) of the Internal Revenue Code of 1954)" and inserting "directly to an eligible retirement plan or plans (as defined in section 402(c)(8) of the Internal Revenue Code of 1986)"; (4) in subsection (d)(2) (as so redesignated by paragraph (2) of this subsection) by striking "or (c)(2)"; and (5) in subsection (f) (as so redesignated by paragraph (2) of this subsection)— (A) by striking paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (B) in paragraph (1) (as so redesignated by subparagraph (A) of this paragraph)— (i) by striking "Notwithstanding subsections (b) and (c), if an employee or Member separates from Government employment under circumstances making such employee or Member eligible to make an election under either of those subsections, and such employee's or Member's" and inserting "Notwithstanding subsection (b), if an employee or Member separates from