[Federal Register Volume 61, Number 170 (Friday, August 30, 1996)]
[Proposed Rules]
[Pages 45906-45907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22153]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 61, No. 170 / Friday, August 30, 1996 / 
Proposed Rules  

[[Page 45906]]



FEDERAL RETIREMENT THRIFT INVESTMENT BOARD

5 CFR Part 1645


Allocation of Earnings

AGENCY: Federal Retirement Thrift Investment Board.

ACTION: Proposed rule.

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SUMMARY: The Executive Director of the Federal Retirement Thrift 
Investment Board is publishing in Part 1645 of 5 CFR proposed 
regulations concerning allocation of earnings of the three funds in 
which assets of the Thrift Savings Fund may be invested. These are the 
Government Securities Investment Fund (G Fund), the Common Stock Index 
Investment Fund (C Fund), and the Fixed Income Index Investment Fund (F 
Fund). These regulations are required by the Federal Employees' 
Retirement System Act of 1986 (FERSA). They describe the way in which 
earnings are allocated to participants of the Thrift Savings Plan.

DATES: Comments must be submitted on or before September 30, 1996.

ADDRESSES: Federal Retirement Thrift Investment Board, 1250 H Street, 
N.W., Washington, DC 20005.

FOR FURTHER INFORMATION CONTACT: Elizabeth S. Woodruff, Federal 
Retirement Thrift Investment Board, 1250 H Street, N.W., Washington, 
D.C. 20005. Telephone: (202) 942-1661. Telefacsimile: (202) 942-1676.

SUPPLEMENTARY INFORMATION: The Federal Retirement Thrift Investment 
Board (Board) administers the Thrift Savings Plan (TSP) pursuant to the 
authority vested in it by the Federal Employees' Retirement System Act 
of 1986 (FERSA), Pub. L. 99-335, 100 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. Part 1645 describes the process 
for determining and allocating earnings for each of the three 
investment funds--the G Fund, the C Fund, and the F Fund--to individual 
accounts of participants in the TSP. Interim rules describing the 
process of allocating earnings for each of the investment funds to 
participant accounts were originally published in the Federal Register 
on May 2, 1988, (53 FR 15620) as an amendment to title 5 of the Code of 
Federal Regulations, adding Part 1645, Allocation of Earnings. Comments 
were requested by June 1, 1988. No comments were received.
    The final rule reflects the Board's policy of allocating earnings 
to participant accounts as of month-end. The rule consolidates the 
different elements of a participant's account, formerly found in 
Sec. 1645.5, into a definition of ``month-end account balance.'' There 
has been no change in the formula for calculating the amount of 
earnings that are allocated to the accounts found at Sec. 1645.6. The 
Board also adopted, in Sec. 1645.5(c), a single earnings allocation 
factor for each source of contributions within a fund (i.e., agency 
automatic (1%) contributions, agency matching contributions, and 
employee contributions), rather than apply a different allocation 
factor for each source within a fund. The remainder of the changes 
involve clarifications of several definitions.

Regulatory Flexibility Act

    I certify that these regulations will not have a significant 
economic impact on a substantial number of small entities. The 
regulations will affect only internal Board procedures for allocating 
earnings.

Paperwork Reduction Act

    I certify that these regulations do not require additional 
reporting under the criteria of the Paperwork Reduction Act of 1980.

Unfunded Mandates Reform Act of 1995

    Pursuant to the Unfunded Mandates Reform Act of 1995, Pub. L. 104-
4, section 201, 109 Stat. 48, 64, the effect of this regulation on 
State, local, and tribal governments and on the private sector has been 
assessed. This regulation will not compel the expenditure in any one 
year of $100 million or more by any State, local, or tribal governments 
in the aggregate or by the private sector. Therefore, a statement under 
section 202, 109 Stat. 48, 64-65, is not required.

Submission to Congress and the General Accounting Office

    Under section 801(a)(1)(A) of the Administrative Procedure Act 
(APA), as amended by the Regulatory Enforcement Fairness Act of 1996, 
Pub. L. 104-121, tit. II, 110 Stat. 847, 857-875 (5 U.S.C. 
801(a)(1)(A)), the Board submitted a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the General Accounting 
Office prior to the publication of this rule in today's Federal 
Register. This rule is not a ``major rule'' as defined in section 
804(2) of the APA as amended (5 U.S.C. 804(2)).

List of Subjects in 5 CFR Part 1645

    Employee benefit plans, Government employees, Pensions, Retirement.

Federal Retirement Thrift Investment Board.
Roger W. Mehle,
Executive Director.

    Accordingly, 5 CFR part 1645 is proposed to be amended as follows:

PART 1645--ALLOCATION OF EARNINGS

    1. The authority citation for Part 1645 continues to read as 
follows:

    Authority: 5 U.S.C. 8439(a)(3) and 5 U.S.C. 8474.

    2. Section 1645.1 is amended by revising the definitions of 
``Allocation date'', ``Employer contributions'', ``Forfeitures'', 
``Source'', and ``Valuation period''; by removing the definitions of 
``Employer basic contributions'' and ``Employer matching 
contributions'' and adding alphabetically definitions of ``Agency 
automatic (1%) contributions'' and ``Agency matching contributions'', 
respectively; and by adding in alphabetical order the definition of 
``Month-end account balance'', to read as follows:


Sec. 1645.1  Definitions.

* * * * *
    Allocation date means the last day of each calendar month.
* * * * *

[[Page 45907]]

    Agency automatic (1%) contributions means contributions made 
pursuant to 5 U.S.C. 8432(c)(1) or 5 U.S.C. 8432(c)(3).
    Agency matching contributions means contributions made pursuant to 
5 U.S.C. 8432(c)(2).
* * * * *
    Employer contributions means agency automatic (1%) contributions 
and agency matching contributions.
* * * * *
    Forfeitures means amounts forfeited pursuant to 5 U.S.C. 8432(g)(2) 
and other nonstatutory forfeited amounts, net of restored forfeited 
amounts.
* * * * *
    Month-end account balance means the value, as of the allocation 
date, of the funds for each source of contributions in each investment 
fund, including all earnings, and any forfeiture, restored forfeited 
amount, adjustment, earnings correction, loan, withdrawal, or interfund 
transfer transactions posted as of the allocation date.
* * * * *
    Source means the origin of any one of the three types of 
contributions that are made to the Fund on behalf of participants--
employee contributions, agency automatic (1%) contributions, or agency 
matching contributions.
* * * * *
    Valuation period means the calendar month during which earnings 
accrue.
    3. Section 1645.2 is revised to read as follows:


Sec. 1645.2  Posting of receipts.

    Agency and employee contributions and loan repayments will be 
posted by source and by investment fund to the appropriate individual 
account on the day they are processed by the recordkeeper.


Sec. 1645.3  [Amended]

    4. Section 1645.3 is amended by revising references to ``Investment 
Fund'' to read ``investment fund'' wherever they appear.
    5. Section 1645.4 is revised to read as follows:


Sec. 1645.4  Administrative expenses attributable to each investment 
fund.

    A portion of administrative expenses accrued during each valuation 
period will be charged to each investment fund. The investment funds' 
respective portions will be determined as follows:
    (a) Investment managers' fees and other accrued administrative 
expenses attributable only to the C or F Fund will be charged to the C 
or F Fund, respectively;
    (b) All other accrued administrative expenses will be reduced by 
forfeitures and earnings on forfeitures accrued during the valuation 
period;
    (c) The amount of accrued administrative expenses not covered by 
forfeitures under paragraph (b) of this section will be charged on a 
pro rata basis to the investment funds, based on the respective 
investment fund balances on the last day of the prior valuation period.
    6. Section 1645.5 is revised to read as follows:


Sec. 1645.5  Basis for allocation of earnings.

    (a) Individual account basis. Except for the amounts described in 
paragraph (b) of this section, the individual account basis on the 
earnings allocation date for each source of contributions in each 
investment fund equals:
    (1) The month-end account balance as of the previous allocation 
date; plus
    (2) One-half of contributions posted to the individual account 
during the current valuation period (except for contributions referred 
to in paragraph (b) of this section); plus
    (3) One-half of all loan repayments posted to the individual 
account during the current valuation period.
    (b) Inclusion of retroactive contributions. The individual account 
basis for agency automatic (1%) contributions will also include all 
amounts attributable to retroactive contributions that are made to the 
individual account pursuant to 5 U.S.C. 8432(c)(3) and that are 
processed by the recordkeeper during the current valuation period.
    (c) Computation of fund basis. For each valuation period, the total 
fund basis for each investment fund will be the sum of all individual 
account bases for all sources of contributions in that investment fund, 
calculated as described in paragraphs (a) and (b) of this section.
    7. In Sec. 1645.6, paragraph (a) is revised and paragraph (b) is 
republished to read as follows:


Sec. 1645.6  Earnings allocation for individual accounts.

    (a) Computation of earnings for each individual account. Earnings 
for each source of contributions for each investment fund will be 
allocated to each individual account separately. The total net earnings 
for each investment fund (as computed under Sec. 1645.3) will be 
divided by the total fund basis for that investment fund (as computed 
under Sec. 1645.5(c)). The resulting number (the ``allocation factor'') 
will be multiplied by the individual account basis for the respective 
source of contributions in that investment fund (as computed under 
Sec. 1645.5(a)), to determine the individual account earnings for the 
valuation period attributable to that source of contributions in that 
investment fund. The earnings of the individual account for each source 
of contributions in each investment fund, when added together, will 
constitute the earnings for that individual account during the 
valuation period.
    (b) Residual net earnings. Amounts allocated to individual accounts 
may not exceed the total amount of earnings available to be allocated. 
To avoid allocating excessive amounts, computation of earnings for 
individual accounts described in paragraph (a) of this section will not 
include fractions of a cent. Residual net earnings attributable to 
unallocated fractions of a cent will be allocated with the earnings for 
the following valuation period.
    8. Section 1645.7 is revised to read as follows:


Sec. 1645.7  Posting of earnings to individual accounts.

    For each source of contributions for each investment fund, the 
amount of earnings computed for each individual account in a valuation 
period, as described in Sec. 1645.6, will be posted to the individual 
account as of the allocation date.

[FR Doc. 96-22153 Filed 8-29-96; 8:45 am]
BILLING CODE 6760-01-M