Source
(Added Pub. L. 106–65, div. A, title VI, § 661(a)(2)(A), Oct. 5, 1999, 113 Stat. 670; amended Pub. L. 106–398, § 1 [[div. A], title VI, § 661(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–167; Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 138(a)(6)], Dec. 21, 2000, 114 Stat. 2763, 2763A–233; Pub. L. 108–469, § 1(d)(8), Dec. 21, 2004, 118 Stat. 3892.)
References in Text
Section 663 of the National Defense Authorization Act for Fiscal Year 2000, referred to in subsec. (b)(2)(B)(i), is section 663 of
Pub. L. 106–65, as amended, which is set out as an Effective Date note below.
The Internal Revenue Code of 1986, referred to in subsec. (d)(3), is classified generally to Title 26, Internal Revenue Code.
Amendments
2004—Subsec. (b)(2)(A).
Pub. L. 108–469 substituted “as provided under section
8432
(b)” for “only during a period provided under section
8432
(b), subject to the same conditions as prescribed under paragraph (2) (A)–(D) thereof”.
2000—Subsec. (b)(2)(B)(i).
Pub. L. 106–398 substituted “as of the effective date that applies with respect to such individual under section 663 of the National Defense Authorization Act for Fiscal Year 2000” for “as of the effective date described in paragraph (1) of section 663(a) of the National Defense Authorization Act for Fiscal Year 2000 (or, if applicable, paragraph (2) thereof)”.
Subsec. (d)(1)(A).
Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 138(a)(6)(A)], substituted “the maximum percentage of such member’s basic pay for such pay period allowable under section
8440f.” for “5 percent of such member’s basic pay for such pay period.”
Subsec. (d)(1)(B).
Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 138(a)(6)(B)], substituted “the maximum percentage of such member’s compensation for such pay period (received under such section
206) allowable under section
8440f.” for “5 percent of such compensation, payable to such member for such pay period.”
Effective Date
Pub. L. 106–65, div. A, title VI, § 663, Oct. 5, 1999,
113 Stat. 673, as amended by
Pub. L. 106–398, § 1 [[div. A], title VI, § 661(a)], Oct. 30, 2000,
114 Stat. 1654, 1654A–167, provided that:
“(a) In General.—Except as provided in subsection (b), the amendments made by this subtitle [subtitle F (§§ 661–663) of title VI of div. A of
Pub. L. 106–65, enacting this section and section
211 of Title
37, Pay and Allowances of the Uniformed Services, and amending sections
8351,
8432b,
8433,
8439, and
8473 of this title and section
211 of Title
37] shall take effect 180 days after the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 [Oct. 30, 2000].
“(b) Postponement Authority.—(1) The Secretary of Defense may postpone by up to 180 days after the date that would otherwise apply under subsection (a)—
“(A) the date as of which the amendments made by this subtitle shall take effect; or
“(B) the date as of which section
211
(a)(2) of title
37, United States Code (as added by this subtitle) shall take effect.
“(2) Postponement authority under this subsection may be exercised only to the extent that the failure to do so would prevent the Federal Retirement Thrift Investment Board from being able to provide timely and accurate services to investors or would place an excessive burden on the administrative capacity of the Board to accommodate participants in the Thrift Savings Plan, as determined by the Secretary of Defense after consultation with the Executive Director (appointed by the Board).
“(3) Paragraph (1) includes the authority to postpone the effective date of the amendments made by this subtitle (apart from section
211
(a)(2) of title
37, United States Code), and the effective date of such section
211
(a)(2), by different lengths of time.
“(4) The Secretary shall notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Committee on Government Reform [now Committee on Oversight and Government Reform] of the House of Representatives, and the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate of any determination made under this subsection.”
Regulations
Pub. L. 106–65, div. A, title VI, § 661(b), Oct. 5, 1999,
113 Stat. 672, as amended by
Pub. L. 106–398, § 1 [[div. A], title VI, § 661(b)], Oct. 30, 2000,
114 Stat. 1654, 1654A–167, provided that: “Not later than the 180th day after the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 [Oct. 30, 2000], the Executive Director (appointed by the Federal Retirement Thrift Investment Board) shall issue regulations to implement the amendments made by this subtitle [subtitle F (§§ 661–663) of title VI of div. A of
Pub. L. 106–65, enacting this section and section
211 of Title
37, Pay and Allowances of the Uniformed Services, and amending sections
8351,
8432b,
8433,
8439, and
8473 of this title and section
211 of Title
37].”