Page:United States Statutes at Large Volume 101 Part 3.djvu/453

 PUBLIC LAW 100-238—JAN. 8, 1988

101 STAT. 1751

(A) by striking "or" at the end of clause (i)(III); (B) by inserting "or" after the semicolon in clause (ii); and (C) by adding at the end the following: "(iii) a member of the Foreign Service described in section 103(6) of the Foreign Service Act of 1980;". (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall be effective as of January 1, 1987. Any refund which becomes payable as a result of the preceding sentence shall, to the extent that such refund involves an individual's contributions to the Thrift Savings Fund (established under section 8437 of title 5, United States Code), be adjusted to reflect any earnings attributable thereto.

5 USC 8401 note.

SEC. 114. EXCLUSION OF CERTAIN ONE-TIME GOVERNMENT CONTRIBUTIONS TO THRIFT SAVINGS PLAN.

Section 8432(d) is amended by adding at the end the following: "However, no contribution made under subsection (c)(3) shall be subject to, or taken into account, for purposes of the preceding sentence.". SEC. 115. GOVERNMENT'S 1 PERCENT THRIFT CONTRIBUTION NOT FORFEITABLE FOR DEATH IN SERVICE.

Section 8432(g) is amended— (1) in paragraph (1), by striking "Except as provided in paragraphs (2) and (3)," and inserting in lieu thereof "Except as otherwise provided in this subsection,"; and (2) by adding at the end the following: "(4) Nothing in paragraph (2) or (3) shall cause the forfeiture of any contributions made for the benefit of an employee, Member, or Congressional employee under subsection (c)(1), or any earnings attributable thereto, if such employee, Member, or Congressional employee is not separated from Government employment as of date of death.". SEC. 116. CLARIFICATION RELATING TO AMOUNTS SUBJECT TO LEGAL PROCESS FOR CHILD SUPPORT OR ALIMONY.

Section 8437(e)(3) is amended by adding at the end the following: "For the purposes of this paragraph, an amount contributed for the benefit of an individual under section 8432(c)(1) (including any earnings attributable thereto) shall not be considered part of the balance in such individual's account unless such amount is nonforfeitable, as determined under applicable provisions of section 8432(g).". SEC. 117. CLARIFICATION RELATING TO SOURCE OF FUNDING FOR ADMINISTRATIVE EXPENSES OF THE THRIFT SAVINGS PLAN.

(a) IN GENERAL.—Section 8437 is amended— (1) in subsection (d), by inserting a period after "earnings in such Fund" and by striking the matter thereafter; and (2) in subsection (e)(1), by inserting "subsection (d) and" before "paragraphs (2) and (3),". (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act.

5 USC 8437 note.

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