Page:United States Statutes at Large Volume 101 Part 3.djvu/462

 101 STAT. 1760

PUBLIC LAW 100-238—JAN. 8, 1988

spouse of the employee or Member under procedures prescribed by the Office of Personnel Management, shall be reduced", (b) SURVIVOR BENEFITS.—Section 8442 of title 5, United States Code, is amended— (1) in subsection (a)(1) by inserting after "with respect to the annuitant," the following: "(or one-half thereof, if designated for this purpose under section 8419 of this title),"; and (2) in subsection (g)(1) by inserting after "paragraph (2)" the following: "(or one-half thereof if designated for this purpose under section 8419 of this title)". SEC. 132. LOANS FROM EMPLOYEES' CONTRIBUTION TO THE THRIFT SAVINGS FUND.

Section 8433(i)(3) of title 5, United States Code, is amended to read as follows: "(3) Loans under this subsection shall be available to all employees and Members on a reasonably equivalent basis, and shall be subject to such other conditions as the Board may by regulation prescribe. The restrictions of section 8477(c)(1) of this title shall not apply to loans made under this subsection.". SEC. 133. FIDUCIARY RESPONSIBILITIES AND LIABILITIES IN MANAGEMENT OF THRIFT SAVINGS FUND.

(a) FIDUCIARY RESPONSIBILITIES AND LIABILITIES.—Section 8477(e) of title 5, United States Code, is amended— (1) in paragraph (1)(A) by inserting before the period at the end of the first sentence a comma and "except as provided in paragraphs (3) and (4) of this subsection"; (2) in paragraph (I)(B) by striking out "Internal Revenue Code of 1954" and inserting in lieu thereof "Internal Revenue Code of 1986"; (3) in paragraph (1)(D) by inserting "only" before " i f in the matter preceding clause (i); (4) by redesignating paragraphs (4) and (5) as paragraphs (7) and (8), respectively; and (5) by striking out paragraphs (2) and (3) and inserting in lieu thereof: "(2) No civil action may be maintained against any fiduciary with respect to the responsibilities, liabilities, and penalties authorized or provided for in this section except in accordance with paragraphs (3) and (4). "(3) A civil action may be brought in the district courts of the United States— "(A) by the Secretary of Labor against any fiduciary other than a Member of the Board or the Executive Director of the Board— "(i) to determine and enforce a liability under paragraph (1)(A); "(ii) to collect any civil penalty under paragraph (1)(B); "(iii) to enjoin any act or practice which violates any provision of subsection (b) or (c); "(iv) to obtain any other appropriate equitable relief to redress a violation of any such provision; or "(v) to enjoin any act or practice which violates subsection (g)(2) or (h) of section 8472 of this title; "(B) by any participant, beneficiary, or fiduciary against any fiduciary— ,.

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