80 FR 52605 - Criminal Restitution Orders
FEDERAL RETIREMENT THRIFT INVESTMENT BOARD Federal Register Volume 80, Issue 169 (September 1, 2015)
Federal Register Volume 80, Issue 169 (September 1, 2015)
| Page Range | 52605-52606 | |
| FR Document | 2015-21303 |
[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)] [Rules and Regulations] [Pages 52605-52606] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-21303] ======================================================================== 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. 80, No. 169 / Tuesday, September 1, 2015 / Rules and Regulations [[Page 52605]] FEDERAL RETIREMENT THRIFT INVESTMENT BOARD 5 CFR Part 1653 Criminal Restitution Orders AGENCY: Federal Retirement Thrift Investment Board. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Federal Retirement Thrift Investment Board (Agency) is amending its procedures for processing criminal restitution orders to: Require an enforcement letter from the Department of Justice stating that restitution has been ordered under the Mandatory Victims Restitution Act; and provide that the Agency will treat a judgment ordering restitution under the Mandatory Victims Restitution Act as a final judgment. The Agency is also making two technical corrections. DATES: This rule is effective September 1, 2015. 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 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)). On July 13, 2015, the Agency published a proposed rule with request for comments in the Federal Register (80 FR 39975, July 13, 2015). The Agency received no comments and, therefore, is publishing the proposed rule as final without change. 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 civilian employees and spouse beneficiaries 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 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 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. Submission to Congress and the General Accounting Office Pursuant to 5 U.S.C. 810(a)(1)(A), the Agency 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. The rule is not a major rule as defined in 5 U.S.C. 804(2). 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 amends 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, by revising paragraph (b) to read as follows: Sec. 1653.31 Definitions. * * * * * (b) As used in this subpart: 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. Adding the word ``criminal'' before ``restitution order'' in paragraphs (c)(1) and (2); and 0 c. Revising paragraphs (c)(3), (c)(5), and (c)(6). The revisions and addition 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. (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; [[Page 52606]] (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 introductory text and 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. Adding the word ``tax'' before the word ``levy'' in paragraph (a); 0 b. Adding the word ``criminal'' before the words ``restitution order'' wherever they appear and by adding the word ``tax'' before ``levy'' wherever it appears in paragraph (c); 0 c. Revising paragraph (d) introductory text; 0 d. Adding the word ``tax'' before the word ``levy'' in paragraph (g); and 0 e. Adding paragraph (h). The revision and addition 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. 2015-21303 Filed 8-31-15; 8:45 am] BILLING CODE 6760-01-P
![52606 Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Rules and Regulations
(6) A criminal restitution order DEPARTMENT OF AGRICULTURE and local laws and regulations that are
accompanied by an enforcement letter in conflict with this rule will be
that designates the specific TSP Fund, Rural Utilities Service preempted. No retroactive effect will be
source of contributions, or balance from given to the rule and, in accordance
which the payment or portions of the 7 CFR Part 1784 with section 212(e) of the Department of
payment shall be made. Agriculture Reorganization Act of 1994
RIN 0572–AC28
■ 4. Amend § 1653.34 by revising the (7 U.S.C. 6912(e)), administrative appeal
last sentence of paragraph (b) Section 306D Water Systems for Rural procedures must be exhausted before an
introductory text to read as follows: and Native Villages in Alaska action against the Department or its
agencies may be initiated.
§ 1653.34 Processing Federal tax levies AGENCY: Rural Utilities Service, USDA.
and criminal restitution orders. Regulatory Flexibility Act Certification
ACTION: Final rule.
* * * * * Pursuant to 5 U.S.C. 553(a) (2), this
(b) * * * To be complete, a tax levy SUMMARY: The Rural Utilities Service final rule related to grants is exempt
or criminal restitution order must meet (RUS), an Agency of the United States from the rulemaking requirements of the
all the requirements of § 1653.32 or Department of Agriculture (USDA), is Administrative Procedure Act (5 U.S.C.
§ 1653.33; it must also provide (or be modifying its existing regulations to 551 et seq.), including the requirement
accompanied by a document or establish a separate regulation for to provide prior notice and an
enforcement letter that provides): making grants to rural or Native Alaskan opportunity for public comment.
* * * * * Villages under the Rural Alaska Village Because this rule is not subject to a
Grant (RAVG) Program. The existing requirement to provide prior notice and
■ 5. Amend § 1653.35, by revising the
RAVG regulation will be relocated to its an opportunity for public comment
introductory text and paragraph (a) to own section and modified to conform pursuant to 5 U.S.C. 553, or any other
read as follows: with streamlined processes established law, the analytical requirements of the
§ 1653.35 Calculating entitlement. through a Memorandum of Regulatory Flexibility Act (5 U.S.C. 601
A tax levy or criminal restitution Understanding among USDA, RUS; The et seq.) are inapplicable.
order can only require the payment of United States Department of Health and
Information Collection and
a stated dollar amount from the TSP. Human Services, Indian Health Service
Recordkeeping Requirements
The payee’s entitlement will be the (IHS); The State of Alaska, Department
of Environmental Conservation (DEC); The information collection and
lesser of:
and the Alaska Native Tribal Health recordkeeping requirements contained
(a) The dollar amount stated in the tax in this final rule are pending approval
Consortium (ANTHC). The grants will
levy or enforcement letter; or by OMB pursuant to the Paperwork
be provided directly to a rural or Native
* * * * * Alaskan Village or jointly with either Reduction Act 1995 (44 U.S.C. Chapter
■ 6. Amend § 1653.36 by: DEC or ANTHC for the development 35) under control number 0572–AC28 .
■ a. Adding the word ‘‘tax’’ before the and construction of water and The paperwork contained in this rule
word ‘‘levy’’ in paragraph (a); wastewater systems to improve the will not be effective until approved by
■ b. Adding the word ‘‘criminal’’ before health and sanitation conditions in OMB.
the words ‘‘restitution order’’ wherever those Villages through removal of dire E-Government Act Compliance
they appear and by adding the word sanitation conditions.
‘‘tax’’ before ‘‘levy’’ wherever it appears RUS is committed to the E-
DATES: This rule is effective September
in paragraph (c); Government Act, which requires
1, 2015.
■ c. Revising paragraph (d) introductory Government agencies in general to
FOR FURTHER INFORMATION CONTACT: provide the public the option of
text; Jacqueline M. Ponti-Lazaruk, Assistant
■ d. Adding the word ‘‘tax’’ before the submitting information or transacting
Administrator, Water and business electronically to the maximum
word ‘‘levy’’ in paragraph (g); and Environmental Programs, Rural Utilities
■ e. Adding paragraph (h). extent possible.
Service, Rural Development, U.S.
The revision and addition read as Department of Agriculture, 1400 Catalog of Federal Domestic Assistance
follows: Independence Avenue SW., STOP 1548, The program described by this final
§ 1653.36 Payment. Room 5147, Washington, DC 20250– rule is listed in the Catalog of Federal
1590. Telephone number: (202) 690– Domestic Assistance Programs under
* * * * *
2670, Facsimile: (202) 720–0718. number 10.760. This catalog is available
(d) If a participant has funds in more
than one type of account, payment will SUPPLEMENTARY INFORMATION: electronically through the free CFDA
be made from each account in the Web site on the Internet at http://
Executive Order 12866
following order, until the amount www.cfda.gov. The print edition may be
required by the tax levy or stated in the This final rule has been determined to purchased by calling the
enforcement letter is reached: be not significant for purposes of Superintendent of Documents at 202–
Executive Order 12866 and, therefore, 512–1800 or toll free at 866–512–1800,
* * * * * has not been reviewed by the Office of or ordering it online at http://
(h) The TSP will not hold a payment Management and Budget. bookstore.gpo.gov.
pending appeal of a criminal restitution
mstockstill on DSK4VPTVN1PROD with RULES
order or the underlying conviction. The Executive Order 12988 Executive Order 12372
TSP will treat the criminal restitution This final rule has been reviewed All projects funded under this part are
order as a final judgment pursuant to 18 under Executive Order 12988, Civil subject to Executive Order 12372
U.S.C. 3664(o) and process payment as Justice Reform. RUS has determined (3 CFR, 1983 Comp., p. 197), which
provided by this subpart. that this rule meets the applicable requires intergovernmental consultation
[FR Doc. 2015–21303 Filed 8–31–15; 8:45 am] standards provided in section 3 of that with State and local officials. These
BILLING CODE 6760–01–P Executive Order. In addition, all State requirements are set forth in U.S.
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Document Created: 2018-02-26 10:04:48
Document Modified: 2018-02-26 10:04:48
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective September 1, 2015. | |
| Contact | Laurissa Stokes at (202) 942-1645. | |
| FR Citation | 80 FR 52605 | |
| CFR Associated | Claims; Government Employees; Pensions; Retirement and Taxes |
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