Essential Employees Pay Certainty Act

I 116TH CONGRESS 1ST SESSION H. R. 338 To allow Federal employees excepted from furlough during the lapse in appropriations beginning on or around December 22, 2018, to make withdrawals from their Thrift Savings Plan accounts, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 8, 2019 Mr. MEADOWS introduced the following bill; which was referred to the Com- mittee on Oversight and Reform, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To allow Federal employees excepted from furlough during the lapse in appropriations beginning on or around De- cember 22, 2018, to make withdrawals from their Thrift Savings Plan accounts, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Essential Employees 4 Pay Certainty Act’’. 5 VerDate Sep 11 2014 22:59 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H338.IH H338 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 338 IH SEC. 2. TSP WITHDRAWALS FOR FEDERAL EMPLOYEES EX- 1 CEPTED FROM FURLOUGH DURING GOVERN- 2 MENT SHUTDOWN. 3 (a) WITHDRAWAL.— 4 (1) IN GENERAL.—Notwithstanding any other 5 provision of law, any Federal employee excepted 6 from furlough resulting from a lapse in discretionary 7 appropriations occurring on or around December 22, 8 2018, may, during such lapse, make a withdrawal 9 from the employee’s account within the Thrift Sav- 10 ings Plan, without penalty and without being treated 11 as violating any requirement of the Internal Revenue 12 Code of 1986. 13 (2) AMOUNT.—The amount of a withdrawal 14 under paragraph (1) may not be greater than the 15 total amount of annual salary that the employee 16 would have received for the period beginning on the 17 date the employee would have received pay but for 18 such lapse and ending on the date on which the 19 withdrawal is made. 20 (b) CATCH-UP CONTRIBUTIONS.—Any employee who 21 makes a withdrawal under subsection (a) may, beginning 22 on the date that the lapse in appropriations with respect 23 to the employing agency ends, make 1 or more contribu- 24 tions in an aggregate amount not to exceed the amount 25 of such withdrawal to the employee’s account within the 26 VerDate Sep 11 2014 22:59 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H338.IH H338 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 338 IH Thrift Savings Plans. In the case of any such contribution, 1 but only to the extent of the amount thereof, the with- 2 drawal shall be treated in the same manner as having been 3 received in an eligible rollover distribution (as defined in 4 section 402(c)(4) of such Code) and the contribution as 5 having been transferred in a direct trustee to trustee 6 transfer within 60 days of an eligible rollover distribution. 7 Æ VerDate Sep 11 2014 22:59 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H338.IH H338 pamtmann on DSKBFK8HB2PROD with BILLS