80 FR 52605 - Criminal Restitution Orders

FEDERAL RETIREMENT THRIFT INVESTMENT BOARD

Federal Register Volume 80, Issue 169 (September 1, 2015)

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.

[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]



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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.

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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]
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