Page:United States Statutes at Large Volume 100 Part 1.djvu/586

 100 STAT. 550

Loans.

PUBLIC LAW 99-335—JUNE 6, 1986

"(6) For the purposes of this section, a court decree, order, or agreement or an election referred to in subsection (a) of this section shall not be effective, in the case of a former spouse, to the extent that the election is inconsistent with any joint waiver previously executed with respect to such former spouse under subsection (a)(2) or (c)(2). "(7) Any payment under this subsection to any individual bars recovery by any other individual. "(f)(1)(A) A loan may be made to a married employee or Member under section 8433(i) of this title only if the employee's or Member's spouse consents to such loan in writing. "(B) A consent under subparagraph (A) shall be irrevocable with respect to the loan to which the consent relates. "(C) Subparagraph (A) shall not apply to a loan to an employee or Member who establishes to the satisfaction of the Executive Director (at the time the employee or Member applies for such loan and in accordance with regulations prescribed by the Executive Director)— "(i) that the spouse's whereabouts cannot be determined; or "(ii) that, due to exceptional circumstances, requiring the employee or Member to seek the spouse's consent would otherwise be inappropriate. "(2) An application for a loan under section 8433(i) of this title shall not be approved if approval would have the result described in subsection (d)(1). "(g) Waivers and notifications required by this section and waivers of the requirements for such waivers and notifications (as authorized by this section) may be made only in accordance with procedures prescribed by the Executive Director. "(h) The protections provided by this section are in addition to the protections provided by section 8467 of this title.

5 USC 8436.

"§ 8436. Administrative provisions "(a) The Executive Director shall make or provide for payments and transfers in accordance with an election of an employee or Member under section 8433 or 8434(b) of this title or, if applicable, in accordance with section 8435 of this title. "(b) Any election, change of election, or modification of a deferred annuity commencement date made under this subchapter shall be in writing and shall be filed with the Executive Director in accordance with regulations prescribed by the Executive Director.

5 USC 8437

"§ 8437. Thrift Savings Fund "(a) There is established in the Treasury of the United States a Thrift Savings Fund. "(b) The Thrift Savings Fund consists of the sum of all amounts contributed under section 8432 of this title and all amounts deposited under section 8479(b) of this title, increased by the total net earnings from investments of sums in the Thrift Savings Fund or reduced by the total net losses from investments of the Thrift Savings Fund, and reduced by the total amount of payments made from the Thrift Savings Fund (including payments for administrative expenses). "(c) The sums in the Thrift Savings Fund are appropriated and shall remain available without fiscal year limitation— "(1) to invest under section 8438 of this title;

�