[Federal Register Volume 71, Number 39 (Tuesday, February 28, 2006)]
[Rules and Regulations]
[Page 9897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1864]



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  Federal Register / Vol. 71, No. 39 / Tuesday, February 28, 2006 / 
Rules and Regulations  

[[Page 9897]]



FEDERAL RETIREMENT THRIFT INVESTMENT BOARD

5 CFR Part 1651


Death Benefits

AGENCY: Federal Retirement Thrift Investment Board.

ACTION: Final rule.

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SUMMARY: The Executive Director of the Federal Retirement Thrift 
Investment Board (Agency) is adopting as final, without change, the 
Agency's proposed rule to permit the Agency to rely on a participant's 
marital status as stated on a Federal income tax form when determining 
whether a deceased participant had a common law marriage.

DATES: This final rule is effective February 28, 2006.

FOR FURTHER INFORMATION CONTACT: John A. Hahn on (202) 942-1630.

SUPPLEMENTARY INFORMATION: The Agency administers the Thrift Savings 
Plan (TSP), which was established by the Federal Employees' Retirement 
System Act of 1986 (FERSA), Public Law 99-335, 100 Stat. 514. The TSP 
provisions of FERSA are codified, as amended, largely at 5 U.S.C. 8351 
and 8401-79.
    On January 12, 2006, the Agency published a proposed rule with 
request for comments in the Federal Register (71 FR 1984). The Agency 
received no comments on the proposed rule. Therefore, the Executive 
Director is publishing the proposed rule as final without change.

Regulatory Flexibility Act

    I certify that these regulations will not have a significant 
economic impact on a substantial number of small entities. They will 
affect only employees of the Federal Government.

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, 2 U.S.C. 602, 
632, 653, 1501-1571, the effects of this regulation on state, local, 
and tribal governments and the private sector have been assessed. This 
regulation will not compel the expenditure in any one year of $100 
million or more by state, local, and tribal governments, in the 
aggregate, or by the private sector. Therefore, a statement under Sec.  
1532 is not required.

Submission to Congress and the General Accounting Office

    Pursuant to 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 
United States before publication of this rule in the Federal Register. 
This rule is not a major rule as defined at 5 U.S.C. 804(2).

List of Subjects in 5 CFR Part 1651

    Employee benefit plans, Government employees, Pensions, Retirement.

Gary A. Amelio,
Executive Director, Federal Retirement Thrift Investment Board.

0
Accordingly, for the reasons set forth in the preamble, section 1651.5 
of chapter VI of title 5 of the Code of Federal Regulations is amended 
as follows:

PART 1651--DEATH BENEFITS

0
1. The authority citation for part 1651 continues to read as follows:

    Authority: 5 U.S.C. 8424(d), 8432(j), 8433(e), 8435(c)(2), 
8474(b)(5), and 8474(c)(1).


0
2. Revise Sec.  1651.5 to read as follows:


Sec.  1651.5  Spouse of participant.

    (a) For purposes of payment under Sec.  1651.2(a)(2), the spouse of 
the participant is the person to whom the participant was married on 
the date of death. A person is considered to be married even if the 
parties are separated, unless a court decree of divorce or annulment 
has been entered. State law of the participant's domicile will be used 
to determine whether the participant was married at the time of death.
    (b) If a person claims to have a marriage at common law with a 
deceased participant, the TSP will pay benefits to the putative spouse 
under Sec.  1651.2(a)(2) in accordance with the marital status shown on 
the most recent Federal income tax return filed by the participant. 
Alternatively, the putative spouse may submit a court order or 
administrative adjudication determining that the common law marriage is 
valid.

[FR Doc. 06-1864 Filed 2-27-06; 8:45 am]
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