Criminal Restitution Orders, 39975-39977 [2015-16868]
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Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Proposed Rules
program a notice that accurately
describes:
*
*
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*
(c) The fund in which the default
employee and agency contributions will
be invested unless the employee makes
a contribution allocation;
(d) The employee’s ability to request
a refund of any default employee
contributions (adjusted for allocable
gains and losses) and the procedure to
request such a refund; and
(e) That an investment in any fund
other than the G Fund is made at the
employee’s risk, that the employee is
not protected by the United States
Government or the Board against any
loss on the investment, and that neither
the United States Government nor the
Board guarantees any return on the
investment.
PART 1601—PARTICIPANTS’
CHOICES OF TSP FUNDS
3. The authority citation for part 1601
continues to read as follows:
■
Authority: 5 U.S.C. 8351, 8432d, 8438,
8474(b)(5) and (c)(1).
4. Amend § 1601.13, by revising
paragraphs (a)(3) and (4), redesignating
paragraph (a)(5) as (a)(6) and revising it,
and adding a new paragraph (a)(5) to
read as follows:
■
srobinson on DSK5SPTVN1PROD with PROPOSALS
§ 1601.13
Elections.
(a) * * *
(3) A uniformed services participant
or a participant enrolled prior to
[EFFECTIVE DATE OF FINAL
REGULATION] who elects for the first
time to invest in a TSP Fund other than
the G Fund must execute an
acknowledgement of risk in accordance
with § 1601.33;
(4) All deposits made on behalf of a
participant enrolled prior to
[EFFECTIVE DATE OF FINAL
REGULATION] or a uniformed services
participant who does not have a
contribution allocation in effect will be
invested in the G Fund. A participant
who is enrolled prior to [EFFECTIVE
DATE OF FINAL REGULATION] and
subsequently rehired after [EFFECTIVE
DATE OF FINAL REGULATION] and
has a positive account balance will be
considered enrolled prior to
[EFFECTIVE DATE OF FINAL
REGULATION] for purposes of this
paragraph;
(5) All deposits made on behalf of a
participant first enrolled on or after
[EFFECTIVE DATE OF FINAL
REGULATION] who does not have a
contribution allocation in effect will be
invested in the age-appropriate TSP
Lifecycle Fund; and
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17:06 Jul 10, 2015
Jkt 235001
(6) Once a contribution allocation
becomes effective, it remains in effect
until it is superseded by a subsequent
contribution allocation or the
participant’s account balance is reduced
to zero. If a rehired participant has a
positive account balance and a
contribution allocation in effect, then
the participant’s contribution allocation
will remain in effect until a new
allocation is made. If, however, the
participant has a zero account balance,
then the participant’s contributions will
be allocated to the age-appropriate TSP
Lifecycle Fund until a new allocation is
made.
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§ 1601.22
[Amended]
§ 1601.33
Acknowledgement of risk.
(a) A uniformed services participant
or a participant enrolled prior to
[EFFECTIVE DATE OF FINAL
REGULATION] who wants to invest in
a TSP Fund other than the G Fund must
execute an acknowledgement of risk for
that fund. * * *
*
*
*
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*
PART 1651—DEATH BENEFITS
7. The authority citation for part 1651
continues to read as follows:
■
Authority: 5 U.S.C. 8424(d), 8432d,
8432(j), 8433(e), 8435(c)(2), 8474(b)(5) and
8474(c)(1).
8. Amend § 1651.2, by revising the
last sentence of paragraph (d) to read as
follows:
■
§ 1651.2 Entitlement to funds in a
deceased participant’s account.
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(d) * * * The account will accrue
earnings at the G Fund rate in
accordance with 5 CFR part 1645 until
it is paid out or a beneficiary participant
account is established under this part.
■ 3. Amend § 1651.19, by revising the
first sentence of paragraph (a) to read as
follows:
§ 1651.19 Beneficiary participant
accounts.
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(a) * * * Regardless of the allocation
of the deceased participant’s account
balance at the time of his or her death,
each beneficiary participant account,
once established, will be allocated 100
percent to the age-appropriate TSP
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Fmt 4702
Lifecycle Fund based on the beneficiary
participant’s date of birth. * * *
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[FR Doc. 2015–16867 Filed 7–10–15; 8:45 am]
BILLING CODE 6760–01–P
FEDERAL RETIREMENT THRIFT
INVESTMENT BOARD
5 CFR Part 1653
Criminal Restitution Orders
Federal Retirement Thrift
Investment Board.
ACTION: Proposed rule with request for
comments.
AGENCY:
The Federal Retirement Thrift
Investment Board (Agency) proposes to
amend its procedures for processing
criminal restitution orders to: (1)
Require an enforcement letter from the
Department of Justice stating that
restitution has been ordered under the
Mandatory Victims Restitution Act; and
(2) provide that the Agency will treat a
judgment ordering restitution under the
Mandatory Victims Restitution Act as a
final judgment. The Agency also
proposes to make two technical
corrections.
DATES: Submit comments on or before
August 12, 2015.
ADDRESSES: You may submit comments
using one of the following methods:
• Federal Rulemaking Portal: https://
www.regulations.gov at Docket ID
number FRTIB–2015–0001. Follow the
instructions for submitting comments.
• Mail: Office of General Counsel,
Attn: James Petrick, Federal Retirement
Thrift Investment Board, 77 K Street
NE., Suite 1000, Washington, DC 20002.
• Hand Delivery/Courier: The address
for sending comments by hand delivery
or courier is the same as that for
submitting comments by mail.
• Facsimile: Comments may be
submitted by facsimile at (202) 942–
1676.
The most helpful comments explain
the reason for any recommended change
and include data, information, and the
authority that supports the
recommended change.
FOR FURTHER INFORMATION CONTACT:
Laurissa Stokes at (202) 942–1645.
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. The TSP is a tax-deferred
retirement savings plan for Federal
SUMMARY:
5. Amend § 1601.22 by removing
paragraph (a)(3).
■ 6. Amend § 1601.33 by revising the
first sentence of paragraph (a), to read as
follows:
■
Sfmt 4702
39975
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39976
Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Proposed Rules
civilian employees and members of the
uniformed services. The TSP is similar
to cash or deferred arrangements
established for private-sector employees
under section 401(k) of the Internal
Revenue Code (26 U.S.C. 401(k)).
The Agency’s governing statute
includes an anti-alienation provision
that generally protects TSP funds from
execution, levy, attachment,
garnishment, or other legal process. 5
U.S.C. 8437(c)(2). However, there are
exceptions for certain court orders such
as criminal restitution orders under the
Mandatory Victims Restitution Act
(MVRA) of 1996. The Department of
Justice (DOJ) may request a payment
from a participant’s TSP account to
enforce a judgment that orders
restitution under the MVRA.
On September 10, 2014, the Agency
published regulations explaining the
Agency’s procedures for processing
payments for the enforcement of
criminal restitution orders. 79 FR 53603
(September 10, 2014).
srobinson on DSK5SPTVN1PROD with PROPOSALS
Requirement To Provide an
Enforcement Letter
Various statutes grant courts the
authority to order, or compel them to
order, convicted offenders to pay
restitution to victims as part of their
sentences. Only orders for restitution
under 18 U.S.C. 3663A can be enforced
against a TSP account.
Judgments ordering restitution often
do not reference the statutory authority
or statutory mandate under which the
court ordered restitution. This leaves
the Agency to determine the authority
or mandate under which the court
ordered restitution. The Agency believes
the DOJ is better positioned to
determine the authority or mandate
under which the court ordered
restitution. Therefore, the Agency
proposes to amend 5 CFR part 1653 to
require an enforcement letter from the
DOJ stating that the court ordered
restitution under 18 U.S.C. 3663A. The
Agency will rely on the DOJ’s assertion
that the court ordered restitution under
18 U.S.C. 3663A.
Treatment of a Judgment Ordering
Restitution Under 18 U.S.C. 3663A as a
Final Judgment
The Agency has received requests
from several participants to stay
payment from their TSP accounts
pending the outcome of an appeal of a
judgment ordering restitution under 18
U.S.C. 3663A or the underlying
conviction. The Agency’s policy is to
deny such requests and treat the
judgment as a final judgment. This
policy is consistent with 18 U.S.C.
3664(o), which says that a sentence that
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17:06 Jul 10, 2015
Jkt 235001
imposes an order of restitution is a final
judgment notwithstanding the fact that
it may be corrected, amended, or
appealed. The Agency proposes to
amend 5 CFR part 1653 to codify this
policy.
Technical Corrections
Paragraph (c)(5) of § 1653.33 provides
that the TSP will not honor a criminal
restitution order that requires a series of
payments. The Agency proposes to
amend paragraph (c)(5) to provide that
the TSP will not honor a criminal
restitution order that requires ‘‘the TSP
to make’’ a series of payments. The
Agency also proposes to replace certain
references to a ‘‘restitution order’’ in 5
CFR part 1653, subpart D with the
defined term ‘‘criminal restitution
order’’ to avoid any ambiguity with
respect to whether the regulations refer
to the underlying judgment itself or the
documents necessary to enforce the
judgment against a TSP account. For
consistency, the Agency also proposes
to replace certain references to a ‘‘levy’’
with the defined term ‘‘tax levy.’’
Regulatory Flexibility Act
I certify that this regulation will not
have a significant economic impact on
a substantial number of small entities.
This regulation will affect Federal
employees and members of the
uniformed services who participate in
the Thrift Savings Plan, which is a
Federal defined contribution retirement
savings plan created under the Federal
Employees’ Retirement System Act of
1986 (FERSA), Public Law 99–335, 100
Stat. 514, and which is administered by
the Agency.
Paperwork Reduction Act
I certify that these proposed
regulations do not require additional
reporting under the criteria of the
Paperwork Reduction Act.
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 proposed 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 section
1532 is not required.
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
List of Subjects in 5 CFR Part 1653
Claims, Government employees,
Pensions, Retirement, Taxes.
Gregory T. Long,
Executive Director, Federal Retirement Thrift
Investment Board.
For the reasons stated in the
preamble, the Agency proposes to
amend 5 CFR chapter VI as follows:
PART 1653—COURT ORDERS AND
LEGAL PROCESSES AFFECTING
THRIFT SAVINGS PLAN ACCOUNTS
1. The authority citation for part 1653
continues to read as follows:
■
Authority: 5 U.S.C. 8432d, 8435, 8436(b),
8437(e), 8439(a)(3), 8467, 8474(b)(5), and
8474(c)(1).
2. Amend § 1653.31(b), by revising the
definition for ‘‘criminal restitution
order’’ and adding a definition for
‘‘enforcement letter’’ in alphabetical
order to read as follows:
■
§ 1653.31
Definitions.
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(b) * * *
Criminal restitution order means a
complete copy of a judgment in a
criminal case issued by a federal court
ordering restitution for a crime under 18
U.S.C. 3663A.
Enforcement letter means a letter
received from the Department of Justice
requesting a payment from a
participant’s TSP account to enforce a
criminal restitution order.
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*
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*
■ 3. Amend § 1653.33 by:
■ a. Revising paragraph (b)(2) and
adding paragraph (b)(3),
■ b. Replacing the words ‘‘restitution
order’’ wherever they appear not
preceded by the word ‘‘criminal’’ with
the words ‘‘criminal restitution order’’
in paragraphs (c)(1) and (2); and
■ c. Revising paragraphs (c)(3), (c)(5),
and (c)(6).
The revisions read as follows:
§ 1653.33
order.
Qualifying criminal restitution
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(b) * * *
(2) The criminal restitution order
must require the participant to pay a
stated dollar amount as restitution.
(3) The criminal restitution order
must be accompanied by an
enforcement letter that states the
restitution is ordered under 18 U.S.C.
3663A. The enforcement letter must
expressly refer to the ‘‘Thrift Savings
Plan’’ or describe the TSP in such a way
that it cannot be confused with other
Federal Government retirement benefits
or non-Federal retirement benefits.
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Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Proposed Rules
(c) * * *
(3) A criminal restitution order
accompanied by an enforcement letter
that requires the TSP to make a payment
in the future;
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*
(5) A criminal restitution order
accompanied by an enforcement letter
that requires TSP to make a series of
payments;
(6) A criminal restitution order
accompanied by an enforcement letter
that designates the specific TSP Fund,
source of contributions, or balance from
which the payment or portions of the
payment shall be made.
■ 4. Amend § 1653.34 by revising the
last sentence of paragraph (b)
introductory text to read as follows:
(d) If a participant has funds in more
than one type of account, payment will
be made from each account in the
following order, until the amount
required by the tax levy or stated in the
enforcement letter is reached:
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(h) The TSP will not hold a payment
pending appeal of a criminal restitution
order or the underlying conviction. The
TSP will treat the criminal restitution
order as a final judgment pursuant to 18
U.S.C. 3664(o) and process payment as
provided by this subpart.
[FR Doc. 2015–16868 Filed 7–10–15; 8:45 am]
DEPARTMENT OF THE TREASURY
31 CFR Part 22
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RIN 1505–AC45
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(b) * * * To be complete, a tax levy
or criminal restitution order must meet
all the requirements of § 1653.32 or
§ 1653.33; it must also provide (or be
accompanied by a document or
enforcement letter that provides):
*
*
*
*
*
■ 5. Amend § 1653.35, by revising the
first sentence of the introductory text
and revising paragraph (a) to read as
follows:
srobinson on DSK5SPTVN1PROD with PROPOSALS
§ 1653.35
Calculating entitlement.
A tax levy or criminal restitution
order can only require the payment of
a stated dollar amount from the TSP.
The payee’s entitlement will be the
lesser of:
(a) The dollar amount stated in the tax
levy or enforcement letter; or
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*
■ 6. Amend § 1653.36 by:
■ a. Replacing the word ‘‘levy’’
wherever it appears not preceded by the
word ‘‘tax’’ with the words ‘‘tax levy’’
in paragraph (a);
■ b. Replacing the words ‘‘restitution
order’’ wherever they appear not
preceded by the word ‘‘criminal’’ with
the words ‘‘criminal restitution order’’
and by replacing the word ‘‘levy’’
wherever it appears not preceded by the
word ‘‘tax’’ with the words ‘‘tax levy’’
in paragraph (c);
■ c. Revising paragraph (d) introductory
text;
■ d. Replacing the word ‘‘levy’’
wherever it appears not preceded by the
word ‘‘tax’’ with the words ‘‘tax levy’’
in paragraph (g); and
■ e. Adding paragraph (h).
The revisions and additions read as
follows:
§ 1653.36
Payment.
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Jkt 235001
Nondiscrimination on the Basis of
Race, Color, or National Origin in
Programs or Activities Receiving
Federal Financial Assistance
Department of the Treasury.
Notice of proposed rulemaking.
AGENCY:
ACTION:
This proposed regulation
provides for the enforcement of Title VI
of the Civil Rights Act of 1964, as
amended (‘‘Title VI’’) to the end that no
person in the United States shall on the
grounds of race, color, or national origin
be denied participation in, be denied
the benefits of, or be otherwise
subjected to discrimination under any
program or activity that receives federal
financial assistance from the
Department of the Treasury. The
promulgation of this proposed
regulation will provide guidance to the
Department’s recipients of federal
financial assistance in complying with
the provisions of Title VI and will also
promote consistent and appropriate
enforcement of Title VI by the
Department’s components.
DATES: Written comments must be
received on or before September 11,
2015.
ADDRESSES: Interested persons are
invited to submit comments regarding
this notice of proposed rulemaking
according to the instructions below. All
submissions must refer to the document
title. The Department encourages the
early submission of comments.
Electronic Submission of Comments:
Interested persons may submit
comments electronically through the
Federal eRulemaking Portal at https://
www.regulations.gov. Electronic
submission of comments allows the
commenter maximum time to prepare
SUMMARY:
PO 00000
Frm 00004
Fmt 4702
and submit a comment, ensures timely
receipt, and enables the Department to
make them available to the public.
Comments submitted electronically
through the https://www.regulations.gov
Web site can be viewed by other
commenters and interested members of
the public. Commenters should follow
the instructions provided on that site to
submit comments electronically.
Mail: Send comments to Mariam G.
Harvey, Director, Office of Civil Rights
and Diversity, 1500 Pennsylvania
Avenue NW., Washington, DC 20220;
facsimile (202) 622–0367.
Note: To receive consideration as public
comments, comments must be submitted
through a method specified.
BILLING CODE 6760–01–P
§ 1653.34 Processing Federal tax levies
and criminal restitution orders.
39977
Sfmt 4702
Public Inspection of Public
Comments: All properly submitted
comments will be available for
inspection and downloading at
https://www.regulations.gov.
Additional Instructions: In general
comments received, including
attachments and other supporting
materials, are part of the public record
and are available to the public. Do not
submit any information in your
comment or supporting materials that
you consider confidential or
inappropriate for public disclosure.
FOR FURTHER INFORMATION CONTACT:
Mariam G. Harvey, Director, Office of
Civil Rights and Diversity, Department
of the Treasury, (202) 622–0316 (voice),
and (202) 622–7104 (TTY). All
responses to this notice should be
submitted via https://
www.regulations.gov or by mail to
ensure consideration.
SUPPLEMENTARY INFORMATION:
I. Background
The purpose of this proposed rule is
to provide for the enforcement of Title
VI of the Civil Rights Act of 1964, as
amended (42 U.S.C. 2000d, et seq.), as
it applies to programs or activities
receiving assistance from the
Department of the Treasury.
Specifically, the statute states that ‘‘[n]o
person in the United States shall, on the
grounds of race, color, or national origin
be denied participation in, be denied
the benefits of, or be otherwise
subjected to discrimination under any
program or activity that receives federal
financial assistance.’’ 42 U.S.C. 2000d.
Each federal agency subject to Title VI
is required to issue regulations
implementing Title VI. 28 CFR 42.403.
The Department of the Treasury will be
issuing Title VI regulations for the first
time. The Department proposes
regulations as Title VI of the Civil Rights
Act of 1964, as amended, 42 U.S.C.
2000d to 2000d-7 (‘‘Title VI’’), requires.
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]]>Agencies
[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Proposed Rules]
[Pages 39975-39977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16868]
-----------------------------------------------------------------------
FEDERAL RETIREMENT THRIFT INVESTMENT BOARD
5 CFR Part 1653
Criminal Restitution Orders
AGENCY: Federal Retirement Thrift Investment Board.
ACTION: Proposed rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Federal Retirement Thrift Investment Board (Agency)
proposes to amend its procedures for processing criminal restitution
orders to: (1) Require an enforcement letter from the Department of
Justice stating that restitution has been ordered under the Mandatory
Victims Restitution Act; and (2) provide that the Agency will treat a
judgment ordering restitution under the Mandatory Victims Restitution
Act as a final judgment. The Agency also proposes to make two technical
corrections.
DATES: Submit comments on or before August 12, 2015.
ADDRESSES: You may submit comments using one of the following methods:
Federal Rulemaking Portal: https://www.regulations.gov at
Docket ID number FRTIB-2015-0001. Follow the instructions for
submitting comments.
Mail: Office of General Counsel, Attn: James Petrick,
Federal Retirement Thrift Investment Board, 77 K Street NE., Suite
1000, Washington, DC 20002.
Hand Delivery/Courier: The address for sending comments by
hand delivery or courier is the same as that for submitting comments by
mail.
Facsimile: Comments may be submitted by facsimile at (202)
942-1676.
The most helpful comments explain the reason for any recommended
change and include data, information, and the authority that supports
the recommended change.
FOR FURTHER INFORMATION CONTACT: Laurissa Stokes at (202) 942-1645.
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. The TSP is a tax-deferred retirement savings plan for
Federal
[[Page 39976]]
civilian employees and members of the uniformed services. The TSP is
similar to cash or deferred arrangements established for private-sector
employees under section 401(k) of the Internal Revenue Code (26 U.S.C.
401(k)).
The Agency's governing statute includes an anti-alienation
provision that generally protects TSP funds from execution, levy,
attachment, garnishment, or other legal process. 5 U.S.C. 8437(c)(2).
However, there are exceptions for certain court orders such as criminal
restitution orders under the Mandatory Victims Restitution Act (MVRA)
of 1996. The Department of Justice (DOJ) may request a payment from a
participant's TSP account to enforce a judgment that orders restitution
under the MVRA.
On September 10, 2014, the Agency published regulations explaining
the Agency's procedures for processing payments for the enforcement of
criminal restitution orders. 79 FR 53603 (September 10, 2014).
Requirement To Provide an Enforcement Letter
Various statutes grant courts the authority to order, or compel
them to order, convicted offenders to pay restitution to victims as
part of their sentences. Only orders for restitution under 18 U.S.C.
3663A can be enforced against a TSP account.
Judgments ordering restitution often do not reference the statutory
authority or statutory mandate under which the court ordered
restitution. This leaves the Agency to determine the authority or
mandate under which the court ordered restitution. The Agency believes
the DOJ is better positioned to determine the authority or mandate
under which the court ordered restitution. Therefore, the Agency
proposes to amend 5 CFR part 1653 to require an enforcement letter from
the DOJ stating that the court ordered restitution under 18 U.S.C.
3663A. The Agency will rely on the DOJ's assertion that the court
ordered restitution under 18 U.S.C. 3663A.
Treatment of a Judgment Ordering Restitution Under 18 U.S.C. 3663A as a
Final Judgment
The Agency has received requests from several participants to stay
payment from their TSP accounts pending the outcome of an appeal of a
judgment ordering restitution under 18 U.S.C. 3663A or the underlying
conviction. The Agency's policy is to deny such requests and treat the
judgment as a final judgment. This policy is consistent with 18 U.S.C.
3664(o), which says that a sentence that imposes an order of
restitution is a final judgment notwithstanding the fact that it may be
corrected, amended, or appealed. The Agency proposes to amend 5 CFR
part 1653 to codify this policy.
Technical Corrections
Paragraph (c)(5) of Sec. 1653.33 provides that the TSP will not
honor a criminal restitution order that requires a series of payments.
The Agency proposes to amend paragraph (c)(5) to provide that the TSP
will not honor a criminal restitution order that requires ``the TSP to
make'' a series of payments. The Agency also proposes to replace
certain references to a ``restitution order'' in 5 CFR part 1653,
subpart D with the defined term ``criminal restitution order'' to avoid
any ambiguity with respect to whether the regulations refer to the
underlying judgment itself or the documents necessary to enforce the
judgment against a TSP account. For consistency, the Agency also
proposes to replace certain references to a ``levy'' with the defined
term ``tax levy.''
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities. This regulation will
affect Federal employees and members of the uniformed services who
participate in the Thrift Savings Plan, which is a Federal defined
contribution retirement savings plan created under the Federal
Employees' Retirement System Act of 1986 (FERSA), Public Law 99-335,
100 Stat. 514, and which is administered by the Agency.
Paperwork Reduction Act
I certify that these proposed regulations do not require additional
reporting under the criteria of the Paperwork Reduction Act.
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
proposed 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
section 1532 is not required.
List of Subjects in 5 CFR Part 1653
Claims, Government employees, Pensions, Retirement, Taxes.
Gregory T. Long,
Executive Director, Federal Retirement Thrift Investment Board.
For the reasons stated in the preamble, the Agency proposes to
amend 5 CFR chapter VI as follows:
PART 1653--COURT ORDERS AND LEGAL PROCESSES AFFECTING THRIFT
SAVINGS PLAN ACCOUNTS
0
1. The authority citation for part 1653 continues to read as follows:
Authority: 5 U.S.C. 8432d, 8435, 8436(b), 8437(e), 8439(a)(3),
8467, 8474(b)(5), and 8474(c)(1).
0
2. Amend Sec. 1653.31(b), by revising the definition for ``criminal
restitution order'' and adding a definition for ``enforcement letter''
in alphabetical order to read as follows:
Sec. 1653.31 Definitions.
* * * * *
(b) * * *
Criminal restitution order means a complete copy of a judgment in a
criminal case issued by a federal court ordering restitution for a
crime under 18 U.S.C. 3663A.
Enforcement letter means a letter received from the Department of
Justice requesting a payment from a participant's TSP account to
enforce a criminal restitution order.
* * * * *
0
3. Amend Sec. 1653.33 by:
0
a. Revising paragraph (b)(2) and adding paragraph (b)(3),
0
b. Replacing the words ``restitution order'' wherever they appear not
preceded by the word ``criminal'' with the words ``criminal restitution
order'' in paragraphs (c)(1) and (2); and
0
c. Revising paragraphs (c)(3), (c)(5), and (c)(6).
The revisions read as follows:
Sec. 1653.33 Qualifying criminal restitution order.
* * * * *
(b) * * *
(2) The criminal restitution order must require the participant to
pay a stated dollar amount as restitution.
(3) The criminal restitution order must be accompanied by an
enforcement letter that states the restitution is ordered under 18
U.S.C. 3663A. The enforcement letter must expressly refer to the
``Thrift Savings Plan'' or describe the TSP in such a way that it
cannot be confused with other Federal Government retirement benefits or
non-Federal retirement benefits.
[[Page 39977]]
(c) * * *
(3) A criminal restitution order accompanied by an enforcement
letter that requires the TSP to make a payment in the future;
* * * * *
(5) A criminal restitution order accompanied by an enforcement
letter that requires TSP to make a series of payments;
(6) A criminal restitution order accompanied by an enforcement
letter that designates the specific TSP Fund, source of contributions,
or balance from which the payment or portions of the payment shall be
made.
0
4. Amend Sec. 1653.34 by revising the last sentence of paragraph (b)
introductory text to read as follows:
Sec. 1653.34 Processing Federal tax levies and criminal restitution
orders.
* * * * *
(b) * * * To be complete, a tax levy or criminal restitution order
must meet all the requirements of Sec. 1653.32 or Sec. 1653.33; it
must also provide (or be accompanied by a document or enforcement
letter that provides):
* * * * *
0
5. Amend Sec. 1653.35, by revising the first sentence of the
introductory text and revising paragraph (a) to read as follows:
Sec. 1653.35 Calculating entitlement.
A tax levy or criminal restitution order can only require the
payment of a stated dollar amount from the TSP. The payee's entitlement
will be the lesser of:
(a) The dollar amount stated in the tax levy or enforcement letter;
or
* * * * *
0
6. Amend Sec. 1653.36 by:
0
a. Replacing the word ``levy'' wherever it appears not preceded by the
word ``tax'' with the words ``tax levy'' in paragraph (a);
0
b. Replacing the words ``restitution order'' wherever they appear not
preceded by the word ``criminal'' with the words ``criminal restitution
order'' and by replacing the word ``levy'' wherever it appears not
preceded by the word ``tax'' with the words ``tax levy'' in paragraph
(c);
0
c. Revising paragraph (d) introductory text;
0
d. Replacing the word ``levy'' wherever it appears not preceded by the
word ``tax'' with the words ``tax levy'' in paragraph (g); and
0
e. Adding paragraph (h).
The revisions and additions read as follows:
Sec. 1653.36 Payment.
* * * * *
(d) If a participant has funds in more than one type of account,
payment will be made from each account in the following order, until
the amount required by the tax levy or stated in the enforcement letter
is reached:
* * * * *
(h) The TSP will not hold a payment pending appeal of a criminal
restitution order or the underlying conviction. The TSP will treat the
criminal restitution order as a final judgment pursuant to 18 U.S.C.
3664(o) and process payment as provided by this subpart.
[FR Doc. 2015-16868 Filed 7-10-15; 8:45 am]
BILLING CODE 6760-01-P
