5 U.S.C. § 8432a

Payment of lost earnings

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(a)(1) The Executive Director shall prescribe regulations under which an employing agency shall be required to pay to the Thrift Savings Fund amounts representing lost earnings resulting from errors (including errors of omission) made by such agency in carrying out this subchapter, subject to paragraph (2).(2) If the error involves an employing agency’s failure to deduct from basic pay contributions (in whole or in part) on behalf of an individual in accordance with section 8432(a), the regulations shall not provide for the payment of any lost earnings which would be attributable to—(A) the contributions that the agency failed to deduct from basic pay in accordance with section 8432(a); or(B) any related contributions under section 8432(c)(2) that the employing agency is not required (by statute or otherwise) to make up.(b) The regulations—(1) shall include—(A) procedures for computing lost earnings; and(B) procedures under which amounts paid to the Thrift Savings Fund under this section shall be credited to appropriate accounts;(2) may provide for exceptions from the requirements of this section to the extent that correction of an error is not administratively feasible;(3) may require an employing agency to reimburse the Thrift Savings Fund for costs incurred by the Thrift Savings Fund in implementing corrections of employing agency errors under this section; and(4) may include such other provisions as the Executive Director determines appropriate to carry out this section.(c) Any amounts required to be paid by an employing agency under this section shall be paid from the appropriation or fund available to the employing agency for payment of salaries of the participant’s office or establishment. If a participant in the legislative branch is paid by the Chief Administrative Officer of the House of Representatives, the Chief Administrative Officer may pay from the applicable accounts of the House of Representatives the amount required to be paid to correct errors relating to the Thrift Savings Fund that otherwise would be paid from the appropriation or fund used to pay the participant.(Added Pub. L. 101–335, § 2(a)(1), July 17, 1990, 104 Stat. 319; amended Pub. L. 104–186, title II, § 215(17), Aug. 20, 1996, 110 Stat. 1746.)Editorial NotesAmendments

1996—Subsec. (c). Pub. L. 104–186 substituted “Chief Administrative Officer of the House of Representatives, the Chief Administrative Officer may pay from the applicable accounts” for “Clerk of the House of Representatives, the Clerk may pay from the contingent fund”.

Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 101–335, § 2(b), July 17, 1990, 104 Stat. 320, provided that: “The amendments made by this section [enacting this section] shall apply with respect to lost earnings attributable to errors made before, on, or after the date of enactment of this Act [July 17, 1990].”

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 1998–2022 · leading case: Garcia v. United States, 996 F. Supp. 39 (D.D.C. 1998).

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Garcia v. United States, 996 F. Supp. 39 (D.D.C. 1998). · cites it 3× “Analysis When it switches an employee from one system to another, the government must comply with 5 U.S.C. § 8432a (1993) and 5 C.F.R. §§ 1605.”

John Doe 1 v. United States, 37 F.4th 84 (3rd Cir. 2022). “” 5 U.S.C. § 8432a(a)(1). A regulation implementing that section excludes “an act or omission caused by events that are beyond the control of the [Thrift Investment] Board, the [Thrift] Rec- ord Keeper, or the participant’s employing agency.”

JOHN DOE 1 v. United States (E.D. Pa. 2021). “Applicability of § 8432a The Government further contends that plaintiffs fail to state a claim for relief on the ground that the FBI complied with 5 U.S.C. § 8432a and its implementing regulations, which govern the repayment of lost earnings due to agency errors.”

— 5 U.S.C. § 8432a(2) — 1 case

Garcia v. United States, 996 F. Supp. 39 (D.D.C. 1998). “Analysis When it switches an employee from one system to another, the government must comply with 5 U.S.C. § 8432a (1993) and 5 C.F.R. §§ 1605.”

— 5 U.S.C. § 8432a(a)(1) — 1 case

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