5 USC 8433 - Benefits and election of benefits

(a) An employee or Member who separates from Government employment is entitled to the amount of the balance in the employees or Members account (except for the portion of such amount forfeited under section 8432 (g) of this title, if any) as provided in this section.
(b) Subject to section 8435 of this title, any employee or Member who separates from Government employment is entitled and may elect to withdraw from the Thrift Savings Fund the balance of the employees or Members account as
(1) an annuity;
(2) a single payment;

Advertisement
view counter
(3) 2 or more substantially equal payments to be made not less frequently than annually; or
(4) any combination of payments as provided under paragraphs (1) through (3) as the Executive Director may prescribe by regulation.
(c) 
(1) In addition to the right provided under subsection (b) to withdraw the balance of the account, an employee or Member who separates from Government service and who has not made a withdrawal under subsection (h)(1)(A) may make one withdrawal of any amount as a single payment in accordance with subsection (b)(2) from the employees or Members account.
(2) An employee or Member may request that the amount withdrawn from the Thrift Savings Fund in accordance with subsection (b)(2) be transferred to an eligible retirement plan.
(3) The Executive Director shall make each transfer elected under paragraph (2) directly to an eligible retirement plan or plans (as defined in section 402(c)(8) of the Internal Revenue Code of 1986) identified by the employee, Member, former employee, or former Member for whom the transfer is made.
(4) A transfer may not be made for an employee, Member, former employee, or former Member under paragraph (2) until the Executive Director receives from that individual the information required by the Executive Director specifically to identify the eligible retirement plan or plans to which the transfer is to be made.
(d) 
(1) Subject to paragraph (2) and subsections (a) and (c) of section 8435 of this title, an employee or Member may change an election previously made under this subchapter.
(2) A former employee or Member may not change an election under this section on or after the date on which a payment is made in accordance with such election or, in the case of an election to receive an annuity, the date on which an annuity contract is purchased to provide for the annuity elected by the former employee or Member.

Advertisement
view counter
(e) If an employee or Member (or former employee or Member) dies without having made an election under this section or after having elected an annuity under this section but before making an election under section 8434 of this title, an amount equal to the value of that individuals account (as of death) shall, subject to any decree, order, or agreement referred to in section 8435 (c)(2) of this title be paid in a manner consistent with section 8424 (d) of this title.
(f) 
(1) Notwithstanding subsection (b), if an employee or Member separates from Government employment, and such employees or Members nonforfeitable account balance is less than an amount that the Executive Director prescribes by regulation, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment, unless an election under section 8432b (h)(2) is made to treat such separation for purposes of this paragraph as if it had never occurred.
(2) Unless otherwise elected under this section, and subject to paragraph (1), benefits under this subchapter shall be paid as an annuity commencing for an employee, Member, former employee, or former Member on April 1 of the year following the latest of the year in which
(A) the employee, Member, former employee, or former Member becomes 701/2 years of age; or
(B) the employee, Member, former employee, or former Member separates from Government employment.
(g) 
(1) At any time before separation, an employee or Member may apply to the Board for permission to borrow from the employees or Members account an amount not exceeding the value of that portion of such account which is attributable to contributions made by the employee or Member. Before a loan is issued, the Executive Director shall provide in writing the employee or Member with appropriate information concerning the cost of the loan relative to other sources of financing, as well as the lifetime cost of the loan, including the difference in interest rates between the funds offered by the Thrift Savings Fund, and any other effect of such loan on the employees or Members final account balance.
(2) Loans under this subsection shall be available to all employees and Members on a reasonably equivalent basis, and shall be subject to such other conditions as the Board may by regulation prescribe. The restrictions of section 8477 (c)(1) of this title shall not apply to loans made under this subsection.
(3) A loan may not be made under this subsection to the extent that the loan would be treated as a taxable distribution under section 72(p) of the Internal Revenue Code of 1986.
(4) A loan may not be made under this subsection unless the requirements of section 8435 (e) of this title are satisfied.
(h) 
(1) An employee or Member may apply, before separation, to the Board for permission to withdraw an amount from the employees or Members account based upon
(A) the employee or Member having attained age 591/2; or
(B) financial hardship.
(2) A withdrawal under paragraph (1)(A) shall be available to each eligible participant one time only.
(3) A withdrawal under paragraph (1)(B) shall be available only for an amount not exceeding the value of that portion of such account which is attributable to contributions made by the employee or Member.
(4) Withdrawals under paragraph (1) shall be subject to such other conditions as the Executive Director may prescribe by regulation.
(5) A withdrawal may not be made under this subsection unless the requirements of section 8435 (e) of this title are satisfied.