5 U.S.C. § 8431

Certain transfers to be treated as a separation

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(a) For purposes of this subchapter, separation from Government employment includes a transfer from a position that is subject to one of the retirement systems described in subsection (b) to a position that is not subject to any of them.(b) The retirement systems described in this subsection are—(1) the retirement system under this chapter;(2) the retirement system under subchapter III of chapter 83; and(3) any other retirement system under which individuals may contribute to the Thrift Savings Fund through withholdings from pay.(Added Pub. L. 106–168, title II, § 203(a)(1), Dec. 12, 1999, 113 Stat. 1820.)Editorial NotesPrior Provisions

A prior section 8431, added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 541; amended Pub. L. 101–509, title V, § 529 [title I, § 101(b)(6)(B)], Nov. 5, 1990, 104 Stat. 1427, 1440, provided a definition of “basic pay” for this subchapter, prior to repeal by Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 659 [title II, §§ 206(a)(2), 207]], Sept. 30, 1996, 110 Stat. 3009–314, 3009–372, 3009–378, effective Sept. 30, 1996.

Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 106–168, title II, § 203(c), Dec. 12, 1999, 113 Stat. 1820, provided that: “The amendments made by this section [enacting this section and amending section 8351 of this title] shall apply with respect to transfers occurring before, on, or after the date of the enactment of this Act [Dec. 12, 1999], except that, for purposes of applying such amendments with respect to any transfer occurring before such date of enactment, the date of such transfer shall be considered to be the date of the enactment of this Act. The Executive Director (within the meaning of section 8401(13) of title 5, United States Code) may prescribe any regulations necessary to carry out this subsection.”

Notes of Decisions

Cited in 8 cases (4 in the last 5 years), 1993–2025 · leading case: Jones v. Internal Revenue Serv. (In Re Jones), 206 B.R. 614 (Bankr. D.C. 1997).

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Jones v. Internal Revenue Serv. (In Re Jones), 206 B.R. 614 (Bankr. D.C. 1997). “The statute under which the debtor holds the account as an employee of the federal government — 5 U.S.C. § 8431 , et seq. — refers to such accounts as Thrift Savings Fund accounts, but they are more commonly known as Thrift Savings Plan accounts.”

Ferguson v. Long, 885 F. Supp. 2d 294 (D.D.C. 2012). “The FERSA defines beneficiary as “an individual (other than a participant) entitled to payment from the Thrift Savings Fund under subchapter III of this chapter [ 5 U.S.C. §§ 8431 -8440Í.]” 5 U.S.C. § 8471 (1).”

Evans v. Diamond, 389 F. Supp. 3d 979 (D. Utah 2019). “) The Federal Employee Retirement Systems Act (FERSA) defines beneficiary as "an individual (other than a participant) entitled to payment from the Thrift Savings Fund under subchapter III of this chapter [ 5 U.S.C. §§ 8431 - 8440f.]" 5 U.S.C. § 8471 (1).”

JOHN DOE 1 v. United States (E.D. Pa. 2021). “In its Motion, the Government contends that plaintiffs claim does not arise under this subsection on the ground that they “identify no provisions of subchapter III, 5 U.S.C. §§ 8431 - 8440f, that expressly provide TSP participants with a ‘benefit’ of, or ‘right’ to, market gains…”

Douglas J Cincotta v. Off. of Pers. Mgmt. (MSPB 2024). “§§ 8431 (a) and 8441(1)-(2) for the purposes of determining their entitlement to survivor annuity benefits or BEDB in the following circumstances: (1) if the applicant was in a same-sex marriage with the deceased employee or annuitant; and (2) but for the 9-month marriage…”

In the Matter of Isely (Md. 2025). “See 5 U.S.C. §§ 8431 -8440f, 8472(a). Ms. Campbell designated Mr.”

DAVIS v. United States (Fed. Cl. 2025). “5 U.S.C. §§ 8431–8440f. Section 8477 provides that “any participant or 6 Defendant also makes a relevant related point—if plaintiffs achieve a favorable outcome on the merits of their salary claim in this court, they may be able to use that judgment as the basis of a claim for…”

Whether Missouri Municipalities May Tax the Portion of Fed. Salaries Voluntarily Contributed to the Thrift Sav. Plan (OLC 1993). “The Thrift Savings Plan, 5 U.S.C. §§ 8431 -8440d, which was established as part of the Federal Employees’ Retirement System (“FERS”), 5 U.”

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