[Federal Register Volume 60, Number 245 (Thursday, December 21, 1995)]
[Rules and Regulations]
[Page 66061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31016]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 245 / Thursday, December 21, 1995 / 
Rules and Regulations  

[[Page 66061]]


FEDERAL RETIREMENT THRIFT INVESTMENT BOARD

5 CFR Part 1653


Legal Process for the Enforcement of a Participant's Legal 
Obligations To Provide Child Support or Make Alimony Payments

AGENCY: Federal Retirement Thrift Investment Board.

ACTION: Final rule.

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SUMMARY: The Executive Director of the Federal Retirement Thrift 
Investment Board (Board) is adopting as a final rule without change an 
interim regulation which explains the Board's procedures for responding 
to legal process for the enforcement of a participant's legal 
obligations to provide child support or make alimony payments.

EFFECTIVE DATE: These final rules are effective December 21, 1995.

FOR FURTHER INFORMATION CONTACT:
Patrick J. Forrest (202) 942-1662, Federal Retirement Thrift Investment 
Board, 1250 H Street, NW., Suite 400, Washington, DC 20005.

SUPPLEMENTARY INFORMATION: The Board administers the Thrift Savings 
Plan (TSP), which was established by the Federal Employees' Retirement 
System Act of 1986 (FERSA), Public Law 99-335, 101 Stat. 514 (1986), 
which has been codified, as amended, largely at 5 U.S.C. 8401-8479 
(1994). The TSP is a tax-deferred retirement savings plan for Federal 
employees that is similar to cash or deferred arrangements established 
under section 401(k) of the Internal Revenue Code. Sums in a TSP 
participant's account are held in trust for that participant. 5 U.S.C. 
8437(g).
    FERSA provides that payments from the TSP that would otherwise be 
made to any participant ``shall be subject to legal process for the 
enforcement of the individual's legal obligations to provide child 
support or make alimony payments as provided in section 459 of the 
Social Security Act (42 U.S.C. 659).'' 5 U.S.C. 8437(e)(3).
    These regulations address only legal process for the enforcement of 
a participant's legal obligations to provide child support or make 
alimony payments. The Board also must honor a court decree of divorce, 
annulment, or legal separation or a court order or court-approved 
property settlement agreement incident to such decree that expressly 
awards a portion of a participant's TSP account to a spouse, former 
spouse, child or other dependent of the participant, or to the attorney 
for the spouse, former spouse, child or other dependent of the 
participant for attorney fees. 5 U.S.C. 8467 and 8435(c). The Board 
refers to these documents as ``retirement benefits court orders,'' and 
regulations governing them can be found at 60 FR 13604 (1995) (to be 
codified at 5 CFR part 1653, subpart A).
    On August 31, 1995, the Board published an interim rule with 
request for comment in the Federal Register (60 FR 45624) relating to 
the Board's procedures for responding to legal process for the 
enforcement of participant's legal obligations to provide child support 
or make alimony payments. The Board received no comments on the interim 
rule. Therefore, we are adopting the provisions of the interim rule as 
a final rule without change.

    Federal Retirement Thrift Investment Board.
Roger W. Mehle,
Executive Director.
    Accordingly, the interim rule amending 5 CFR part 1653, which was 
published at 60 FR 45624 on August 31, 1995, is adopted as a final rule 
without change.

[FR Doc. 95-31016 Filed 12-20-95; 8:45 am]
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