Employee Contribution Elections and Contribution Allocations, 31345 [E9-15536]
Download as PDF
31345
Rules and Regulations
Federal Register
Vol. 74, No. 125
Wednesday, July 1, 2009
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
this change as soon as practicable but no
later than the first pay period in August.
Gregory T. Long,
Executive Director, Federal Retirement Thrift
Investment Board.
[FR Doc. E9–15536 Filed 6–30–09; 8:45 am]
BILLING CODE 6760–01–P
FEDERAL ELECTION COMMISSION
FEDERAL RETIREMENT THRIFT
INVESTMENT BOARD
11 CFR Part 111
[Notice 2009–09]
5 CFR Part 1600
Employee Contribution Elections and
Contribution Allocations
Interim final rule with request
for comments.
ACTION:
SUMMARY: The Federal Retirement Thrift
Investment Board (Agency) is
announcing the effective date of its
regulation published on June 19, 2009
(74 FR 29111) pertaining to the timing
of agency contributions.
DATES: Effective Date: The Agency’s
interim final rule published on June 19,
2009 (74 FR 29111) took effect on June
22, 2009 when President Obama signed
HR 1256 (Pub. L. 111–31) which
contained the Thrift Savings Plan
Enhancement Act of 2009 (Act).
FOR FURTHER INFORMATION CONTACT:
Laurissa Stokes at (202) 942–1645.
The Act
provides that Agency Automatic (1%)
Contributions and Agency Matching
Contributions shall commence
immediately. The regulatory
amendment is necessary because FRTIB
regulations follow current law, which
provides that Agency Automatic (1%)
Contributions and Agency Matching
Contributions shall not commence until
the equivalent of the second open
season that begins after the employee
commenced employment. The FRTIB is
setting a August 1, 2009 effective date
for this regulation to allow employing
agencies sufficient time to make the
necessary computer programming
changes to implement it. The regulation
took effect on June 22, 2009, and
employing agencies must implement
VerDate Nov<24>2008
14:55 Jun 30, 2009
Jkt 217001
Federal Election Commission.
Final rules.
AGENCY:
ACTION:
AGENCY: Federal Retirement Thrift
Investment Board.
SUPPLEMENTARY INFORMATION:
Civil Monetary Penalties Inflation
Adjustments
SUMMARY: In accordance with the
Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended,
the Federal Election Commission is
adopting final rules to apply inflation
adjustments to certain civil monetary
penalties under the Federal Election
Campaign Act of 1971, as amended
(‘‘FECA’’), the Presidential Election
Campaign Fund Act, and the
Presidential Primary Matching Payment
Account Act. The civil penalties being
adjusted are for certain violations of
these statutes that are not knowing and
willful, involving contributions and
expenditures; knowing and willful
violations of the prohibition against the
making of a contribution in the name of
another; knowing and willful violations
of the confidentiality provisions of
FECA; certain penalties for late filed or
non-filed reports under the
administrative fines program; and
failure to file timely 48-hour notices.
The adjusted civil monetary penalties
are calculated according to the formula
set forth in the law and will be effective
for violations occurring on or after the
effective date of these rules. Further
information is provided in the
supplementary information that follows.
DATES: Effective on July 1, 2009.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert M. Knop, Assistant General
Counsel, or Ms. Cheryl A.F. Hemsley, or
Ms. Jessica Selinkoff, Attorneys, 999 E
Street, NW., Washington, DC 20463,
(202) 694–1650 or (800) 424–9530.
SUPPLEMENTARY INFORMATION: The
Federal Civil Penalties Inflation
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
Adjustment Act of 1990, as amended,1
(the ‘‘Inflation Adjustment Act’’)
requires Federal agencies to adjust for
inflation the civil monetary penalties
within their jurisdiction at least once
every four years according to detailed
formulae. A civil monetary penalty
(‘‘civil penalty’’) is defined in the
Inflation Adjustment Act as any penalty,
fine, or other sanction that is for a
specific amount, or has a maximum
amount, as provided by Federal law,
and is assessed or enforced by an agency
in an administrative proceeding or by a
Federal court pursuant to Federal law.2
Further, the Inflation Adjustment Act
contains a 10% penalty cap on the first
adjustment of any civil penalty. That is,
the first adjustment made to the civil
penalty may not exceed 10% of the
starting civil penalty.3 Under the
Federal Election Campaign Act of 1971
(‘‘FECA’’), as amended, 2 U.S.C. 431 et
seq., the Federal Election Commission
(‘‘Commission’’) has jurisdiction over
several civil penalties for respondents
who violate FECA, the Presidential
Election Campaign Fund Act, 26 U.S.C.
9001 et seq., or the Presidential Primary
Matching Payment Account Act, 26
U.S.C. 9031 et seq. (‘‘chapters 95 and 96
of Title 26’’). These rules fulfill the
Commission’s non-discretionary
obligation under the Inflation
Adjustment Act to adjust for inflation,
according to the prescribed formula, the
civil monetary penalties (‘‘civil
penalties’’) within its jurisdiction.
Immediate Effectiveness of Final Rule
The Commission is required by
statute to adjust the civil penalties
under its jurisdiction by a Cost of Living
Adjustment (‘‘COLA’’) formula. This
application of the COLA does not
involve Commission discretion or any
policy judgments. Thus, the
Commission finds that the ‘‘good cause’’
exception to the notice and comment
requirement in section 553 of the
Administrative Procedures Act applies
to these rules because notice and
comment are unnecessary. 5 U.S.C.
553(b)(B) and (d)(3).
For the same reasons, these rules do
not need to be submitted to the Speaker
1 28 U.S.C. 2461 note, as amended by Debt
Collection Improvement Act of 1996, Public Law
104–134, 110 Stat. 1321–73, sec. 31001(s)(1) (1996);
Public Law 105–362, 112 Stat. 3293 (1998).
2 28 U.S.C. 2461 note (3)(2).
3 28 U.S.C. 2461 note (7).
E:\FR\FM\01JYR1.SGM
01JYR1
Agencies
[Federal Register Volume 74, Number 125 (Wednesday, July 1, 2009)]
[Rules and Regulations]
[Page 31345]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15536]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 74, No. 125 / Wednesday, July 1, 2009 / Rules
and Regulations
[[Page 31345]]
FEDERAL RETIREMENT THRIFT INVESTMENT BOARD
5 CFR Part 1600
Employee Contribution Elections and Contribution Allocations
AGENCY: Federal Retirement Thrift Investment Board.
ACTION: Interim final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Federal Retirement Thrift Investment Board (Agency) is
announcing the effective date of its regulation published on June 19,
2009 (74 FR 29111) pertaining to the timing of agency contributions.
DATES: Effective Date: The Agency's interim final rule published on
June 19, 2009 (74 FR 29111) took effect on June 22, 2009 when President
Obama signed HR 1256 (Pub. L. 111-31) which contained the Thrift
Savings Plan Enhancement Act of 2009 (Act).
FOR FURTHER INFORMATION CONTACT: Laurissa Stokes at (202) 942-1645.
SUPPLEMENTARY INFORMATION: The Act provides that Agency Automatic (1%)
Contributions and Agency Matching Contributions shall commence
immediately. The regulatory amendment is necessary because FRTIB
regulations follow current law, which provides that Agency Automatic
(1%) Contributions and Agency Matching Contributions shall not commence
until the equivalent of the second open season that begins after the
employee commenced employment. The FRTIB is setting a August 1, 2009
effective date for this regulation to allow employing agencies
sufficient time to make the necessary computer programming changes to
implement it. The regulation took effect on June 22, 2009, and
employing agencies must implement this change as soon as practicable
but no later than the first pay period in August.
Gregory T. Long,
Executive Director, Federal Retirement Thrift Investment Board.
[FR Doc. E9-15536 Filed 6-30-09; 8:45 am]
BILLING CODE 6760-01-P