94-31653. Participant Choices of Investment Funds  

  • [Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
    [Unknown Section]
    [Page ]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-31653]
    
    
    [Federal Register: December 28, 1994]
    
    
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    FEDERAL RETIREMENT THRIFT INVESTMENT BOARD
    
    5 CFR Part 1601
    
    
    Participant Choices of Investment Funds
    
    AGENCY: Federal Retirement Thrift Investment Board.
    
    ACTION: Proposed rule.
    
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    SUMMARY: The Executive Director of the Federal Retirement Thrift 
    Investment Board (Board) is publishing proposed amendments to interim 
    regulations on participants' choices of Thrift Savings Plan (TSP) 
    investment funds. The proposed amendments, to subparts A and C of 5 CFR 
    part 1601, reflect changes in the methods by which TSP participants may 
    request interfund transfers, including use of an automated voice 
    response system to make, change, or cancel interfund transfer requests.
    
    DATES: Comments must be received on or before January 27, 1995.
    
    ADDRESSES: Comments may be sent to: David L. Hutner, Federal Retirement 
    Thrift Investment Board, 1250 H Street, NW., Washington, DC 20005.
    
    FOR FURTHER INFORMATION CONTACT: David L. Hutner, (202) 942-1661.
    
    SUPPLEMENTARY INFORMATION: Interim rules governing participants' 
    choices of investment funds were originally published in the Federal 
    Register on March 29, 1990, as an amendment to title 5 of the Code of 
    Federal Regulations, adding Part 1601, Participants' Choice of 
    Investment Funds. Revised interim rules were published in the Federal 
    Register on January 7, 1991, primarily to implement section 3 of the 
    Thrift Savings Plan Technical Amendments Act of 1990 (TSPTAA), which 
    removed investment restrictions that had been in place prior to the 
    effective date of the TSPTAA. The present proposed rules, when adopted, 
    will further amend the interim rules by making changes in the 
    procedures by which TSP participants may make, change, or cancel 
    interfund transfer requests. The primary change in the procedures 
    involves the availability of the automated voice response system, known 
    as the ``ThriftLine,'' for participants to make interfund transfer 
    requests over the telephone. The ThriftLine provides service to 
    participants in addition to enabling them to make interfund transfer 
    requests, but those other functions are not addressed in the proposed 
    regulations.
    
    Section by Section Analysis
    
    Subpart A
    
        The proposed rule amends Sec. 1601.1, which contains the 
    definitions applicable to part 1601, by revising one definition and 
    adding three new ones.
        The definition of ``Interfund transfer request'' has been amended 
    to reflect that properly completing and submitting to the TSP 
    recordkeeper an Interfund Transfer Request (Form TSP-30) is no longer 
    the exclusive method to request an interfund transfer. A request may 
    also be made by proper entry of the transaction on the automated 
    ThriftLine.
        Definitions of ``Board'' (the Federal Retirement Thrift Investment 
    Board), ``Acknowledgment of Risk,'' and ``ThriftLine'' have been added. 
    Under 5 U.S.C. 8439(d), all participants who invest in the Common Stock 
    Index Investment Fund (C Fund) or the Fixed Income Investment Fund (F 
    Fund) must sign an acknowledgment that the investment is made at the 
    participant's own risk and that the participant is not protected 
    against losses on the investment or guaranteed a return on the 
    investment. Under Sec. 1601.5 (as amended by the proposed rule), the 
    procedures for satisfying the requirements of 5 U.S.C. 8439(d) have 
    been changed.
        Instructions for use of the ThriftLine to make interfund transfer 
    requests on the telephone will be widely available to all TSP 
    participants.
    
    Subpart C
    
        Proposed Sec. 1601.5 sets forth the methods by which interfund 
    transfer requests can be made. Section 1601.5(a) contains the general 
    rule that interfund transfer requests may now be made either by 
    submission of a properly completed Form TSP-30 or by entry of the 
    transaction on the ThriftLine. Section 1601.5(a) also states explicitly 
    that Forms TSP-30 generated prior to October 1990 cannot be used to 
    make interfund transfer requests. Such forms can be readily identified 
    because they were preprinted with participants' names and addresses, 
    described restrictions on the amounts that could be invested in the C 
    Fund and F Fund, and specified a particular effective date for the 
    interfund transfer. Similarly, Form TSP-30-S, which was designed for 
    use only by certain FERS participants to make interfund transfers 
    effective as of the end of December 1990, cannot be used to make 
    interfund transfer requests.
        Section 1601.5(b) retains the rule that interfund transfer requests 
    must include designations of percentages to be invested in each of the 
    TSP investment funds in multiples of 5 percent that total 100 percent. 
    This requirement applies regardless of whether the interfund transfer 
    request is entered on the ThriftLine or is submitted on Form TSP-30. 
    Section 1601.5 also retains from the previous rule the admonition that 
    an interfund transfer request does not affect future contributions made 
    by a participant. If a participant wishes to change the allocation of 
    future contributions among the investment funds, that can only be 
    accomplished by submission to his or her employing agency of a properly 
    completed Election Form (TSP-1) during a TSP Open Season. The rules for 
    submission of Election Forms are set forth in subpart B, which is 
    unchanged by the proposed amendments.
        Section 1601.5(c) retains the previous rule that percentages 
    elected by the participant are applied to the account balance as of the 
    effective date of the interfund transfer, which is established as 
    provided in Sec. 1601.6. The percentages are applied to the account in 
    the same manner, whether submitted on Form TSP-30 or entered on the 
    ThriftLine.
        Section 1601.5(d) contains significant changes to the procedures 
    governing the acknowledgment of risk required by 5 U.S.C. 8439(d). 
    Under the previous rule, all participants requesting an interfund 
    transfer were required to sign the acknowledgment of risk section on 
    Form TSP-30, unless the request was for investment of 100% of the 
    account balance in the Government Securities Investment Fund (G Fund). 
    The proposed rule is premised on a determination that each participant 
    should only be required to acknowledge investment risk once. To date, 
    participants who have invested any portion of their accounts in the C 
    Fund or F Fund at any time must have already signed an acknowledgment 
    of risk, either on Form TSP-1 or on Form TSP-30, since those are the 
    only two methods by which money could have been invested in the C Fund 
    or F Fund. Accordingly, all participants whose account records indicate 
    that they have invested in the C Fund or F Fund (regardless of whether 
    they currently have money in those funds) are deemed to have satisfied 
    the requirements of 5 U.S.C. 8439(d), and will be permitted to use the 
    ThriftLine to request interfund transfers without further 
    acknowledgment of investment risk. Participants who have never invested 
    in the C Fund or F Fund, and therefore have never been required to sign 
    an acknowledgment of risk, will not be permitted to make interfund 
    transfers on the ThriftLine until the TSP recordkeeper receives a 
    signed acknowledgment of risk form from them. A new acknowledgment of 
    Risk For ThriftLine Interfund Transfers (Form TSP-32) has been created 
    for this purpose.
        The proposed rule treats participants who may continue to make 
    their interfund transfer requests on paper, using Form TSP-30, 
    consistently with those who use the ThriftLine. Since it is only 
    necessary to acknowledge investment risk once, participants who use 
    Form TSP-30 and fail to sign the acknowledgment of risk section will no 
    longer have their forms rejected if they have previously invested any 
    portion of their TSP account in the C Fund or F Fund, or if the TSP 
    recordkeeper has received a properly completed Form TSP-32. Form TSP-30 
    has been amended to delete the statement that all forms requesting 
    investment in the C Fund or F Fund will be rejected if the 
    acknowledgment of risk section of the form is not signed. The proposed 
    rule retains the requirement that the form itself (as opposed to the 
    acknowledgment of risk section) must be signed and dated in all cases.
        It is anticipated that some participants may continue to sign the 
    acknowledgment of risk section even though they have already invested 
    in the C Fund and/or F Fund and therefore do not need to sign again. 
    This is not an area of concern to the Board, however, because the 
    superfluous signature does not impose a significant burden on 
    participants. Any participant who submits Form TSP-30 requesting 
    investment in the C Fund or F Fund and is uncertain as to whether he or 
    she has ever invested in those funds should sign the acknowledgment of 
    risk section of the form to eliminate the possibility that the form 
    will be rejected for lack of an acknowledgment of risk. For purposes of 
    determining whether participants' interfund transfer requests should be 
    processed, the TSP recordkeeper system will identify whether a 
    participant has ever invested in the C Fund or F Fund, even if the 
    participant subsequently transferred his or her entire account to the G 
    Fund.
        Section 1601.5(e) of the proposed rule, which addresses only use of 
    Form TSP-30, remains virtually unchanged in substance from the previous 
    rule, except that paragraph (2) has been amended to reflect the rules 
    set forth in Sec. 1601.5(d). The other changes to this section are 
    designed to consolidate the language for ease of reading rather than to 
    make substantive changes to the procedures for processing interfund 
    transfer requests. In particular, the language ``or otherwise is not 
    properly completed in accordance with the instructions on the form'' in 
    proposed Sec. 1601.5(e)(1) is a substitute for several of the specific 
    bases for rejection of forms that were included in the previous rule. 
    Since the instructions on Form TSP-30 include requirements that had 
    been reflected in separate paragraphs of the previous rule, those 
    paragraphs have been eliminated to avoid redundancy.
        Section 1601.5(f) has not been changed in substance.
        Section 1601.6 of the proposed rule governs the timing and 
    effective dates of interfund transfers. Although the proposal adopts 
    the same general principles that were embodied in the previous rule, 
    the proposed rule sets forth the order of precedence with respect to 
    multiple transfer requests and cancellations using the ThriftLine and/
    or Form TSP-30. Although the proposed rule permits interaction between 
    entry of transactions on the ThriftLine and on paper (i.e., by Form 
    TSP-30 or written cancellations), the Board notes that the rules 
    governing that interaction are, in some cases, complex; therefore, 
    participants are encouraged to avoid, if possible, mixing the two 
    media. The ThriftLine provides the most expeditious and certain method 
    of entering all transactions, because it eliminates any delays caused 
    by mail delivery and processing of documents.
        Section 1601.6(a) of the proposal is identical to the previous 
    rule. Participants may make up to four interfund transfers per calendar 
    year, based on the effective dates of the transfers. Any transfer as of 
    the end of December counts for the year that ends with that December.
        Section 1601.6(b) contains the general rule governing the date on 
    which an interfund transfer will be made effective, based on the date 
    of receipt of the interfund transfer request. In the case of a request 
    made on the ThriftLine, the date of receipt is the date the transaction 
    is entered on the ThriftLine. In the case of a request made by Form 
    TSP-30, the date of receipt is the date the form is delivered to the 
    TSP recordkeeper. Apart from the fact that interfund transfer requests 
    may now be received by two methods, the general rule adopted by the 
    proposal is identical to the previous rule: requests received by the 
    15th of a month (or next business day) are effective as of the end of 
    the month of receipt; requests received after the 15th of a month are 
    effective as of the end of the month following receipt.
        Section 1601.6(c) sets forth the rules governing receipt of more 
    than one interfund transfer request during the same one-month period 
    after the 15th of one month (or next business day) and on or before the 
    15th of the next month. The basic rule, set forth in Sec. 1601.6(c)(1), 
    is that the request with the latest date of signature (if Form TSP-30 
    is used) or entry (if the ThriftLine is used) controls. Thus, if a 
    properly completed Form TSP-30 was dated June 17 and received by NFC on 
    June 25, and another interfund transfer request was entered on the 
    ThriftLine on June 23, the ThriftLine transaction would supersede the 
    request on Form TSP-30, because the June 23 ThriftLine transaction was 
    later than the June 17 signature on the Form TSP-30.
        The rules are based on the presumption that, when a participant 
    enters a new transfer on the ThriftLine, he or she intends to supersede 
    a form that was mailed on an earlier date. The rules also presume that 
    a participant intends for a later ThriftLine entry to supersede an 
    earlier one. Similarly, where a Form TSP-30 is dated one day and 
    another Form TSP-30 is dated on a subsequent day, it is presumed that 
    the participant intends to override the earlier dated form, regardless 
    of the order in which the forms may be received by the TSP 
    recordkeeper, which can be affected by the uncertainties of mail 
    delivery.
        Therefore, under the proposed rules, the date of receipt of Form 
    TSP-30 determines only the effective date for the interfund transfer 
    that is requested. A Form TSP-30 dated June 8 and received by the TSP 
    recordkeeper on June 12 cannot be superseded by a subsequent form dated 
    June 13 but not received by the recordkeeper until June 17. The former 
    will be processed as of the end of June; the latter as of the end of 
    July. If participants using Form TSP-30 wish to control the month end 
    for which a transfer is to be made effective, it is their 
    responsibility to ensure that the form is actually delivered to NFC 
    during the proper one-month period. This can be accomplished in most 
    cases by allowing sufficient time to accommodate potential mail delays 
    or by using overnight mail (or other guaranteed forms of delivery). 
    Participants can also control the effective date of their interfund 
    transfers by using the ThriftLine rather than Form TSP-30, because the 
    ThriftLine provides immediate acceptance of properly entered interfund 
    transfer requests.
        Section 1601.6(c)(2) of the proposal provides more detailed rules 
    governing receipt of multiple interfund transfer requests having the 
    same date and requesting transfers for the same effective date. Section 
    1601.6(c)(2)(i) provides that as between a ThriftLine request and a 
    Form TSP-30 dated the same day, the ThriftLine entry will be made 
    effective. Thus, the ThriftLine entry will supersede a Form TSP-30 
    dated the same day.
        Section 1601.6(c)(2)(ii) provides that as between two transactions 
    entered the same day on the ThriftLine, the one entered later in the 
    day supersedes the earlier request.
        Finally, Sec. 1601.6(c)(2)(iii) provides that if more than one Form 
    TSP-30 has the same date, then all shall be rejected, unless they 
    contain an identical percentage allocation among the investment funds, 
    in which case that allocation will be accepted. Unlike interfund 
    transfer requests entered on the ThriftLine, were Forms TSP-30 bear the 
    same date but different allocation elections, the Board has no way to 
    determine which form represents the participant's latest request. What 
    is most important to participants is that there be uniform rules that 
    can be consistently applied in cases involving multiple interfund 
    transfer requests. The proposed rule accomplishes that purpose.
        Section 1601.6(c)(3) sets forth the rules for determining the date 
    of an interfund transfer request. Under Sec. 1601.6(c)(3)(i), if made 
    on the ThriftLine, the date of the interfund transfer request is the 
    date of the telephone entry of the transaction. Under 
    Sec. 1601.6(c)(3)(iii), if the interfund transfer request is made on 
    Form TSP-30, the date of the request is the signature date entered on 
    the form by the participant. As previously discussed, the date of 
    receipt of the form is not the date of the request; the receipt date 
    controls only the effective date for which the form is deemed to be a 
    request. Finally, under Sec. 1601.6(c)(3)(iii), the date on which a 
    transaction is entered on the ThriftLine is determined by application 
    of Central Time. For example, a transaction entered at 12:15 a.m. 
    Eastern Time on the 16th of a month will be considered a transaction 
    entered on the 15th, because it was 11:15 p.m. Central Time when the 
    transaction occurred. Conversely, a transaction entered at 11:15 p.m. 
    Pacific Time on the 15th, is entered at 1:15 a.m. Central Time and will 
    therefore be considered a transaction entered on the 16th. The 
    determination of the date on which a ThriftLine transaction was 
    requested may be important for two purposes: (1) to determine whether 
    the request was made by the applicable 15th of the month cutoff date, 
    and (2) to determine whether the request supersedes or cancels another 
    request.
        Section 1601.6(d) of the proposed rule governs cancellation of 
    interfund transfer requests. Under Sec. 1601.6(d)(1), a signed and 
    dated cancellation letter containing the required information must be 
    received by the same cutoff date (15th of the month or next business 
    day) that applies to receipt of an interfund transfer request that is 
    to be effective as of the end of the month for which the transfer to be 
    cancelled is pending. For example, a letter to cancel a pending 
    interfund transfer that is to be made effective as of the end of June 
    must be received by June 15 (or next business day). A cancellation 
    letter will not cancel a transfer with a date after the date of the 
    cancellation letter. If a cancellation letter does not state 
    unambiguously the specific interfund transfer request to be cancelled, 
    it will cancel any earlier dated interfund transfer request that is 
    pending for the applicable effective date. If the letter does state 
    unambiguously the interfund transfer request to be cancelled, then only 
    that request will be cancelled by the letter.
        The TSP recordkeeper will compare multiple interfund transfer 
    requests to determine which is the controlling request prior to 
    determining the effect of a written cancellation. For example, assume 
    there are two interfund transfer requests received prior to June 15, 
    one dated June 3 and one dated June 5. The June 5 request supersedes 
    the June 3 request. If there is a cancellation letter dated June 10 
    (and received by June 15) specifying cancellation of the June 5 
    request, then no interfund transfer would be processed, because the 
    June 3 request would be superseded and the June 5 request would be 
    cancelled. On the other hand, if the June 10 letter specified 
    cancellation of the June 3 request, then the June 5 request would be 
    processed, because it would not be superseded by the earlier June 3 
    request nor would it be cancelled by the June 10 cancellation letter 
    that specified cancellation of the June 3 request.
        The last sentence of Sec. 1601.6(d)(1) governs the rate situation 
    where the written cancellation bears the same date as an interfund 
    transfer request. A different rule applies depending upon whether the 
    interfund transfer request was submitted on Form TSP-30 or entered on 
    the ThriftLine. In the former case, it is presumed that the 
    cancellation letter was intended to cancel a Form TSP-30 dated the same 
    day. In the latter case, with one exception, the ThriftLine entry is 
    presumed to supersede the cancellation letter, which may have been an 
    attempt to cancel another Form TSP-30 that was received for a prior 
    effective date or that has not yet been received or entered into the 
    TSP system. The only exception is where the written cancellation 
    specifically states that it is intended to cancel the ThriftLine entry 
    of the same date; in that situation, the cancellation letter will be 
    effective to cancel the ThriftLine request of the same date.
        Under Sec. 1601.6(d)(2), a cancellation entered on the ThriftLine 
    before the relevant 15th of the month cutoff will cancel a pending 
    interfund transfer request that had been entered previously on the 
    ThriftLine. An interfund transfer request made using Form TSP-30 can be 
    cancelled using the ThriftLine only if it has been entered into the TSP 
    recordkeeping system and is, therefore, at the time the cancellation is 
    entered, a pending transfer. In that regard, participants are cautioned 
    that in many cases Forms TSP-30 are not entered into the TSP 
    recordkeeping system until after the 15th cutoff, even if they are 
    received before that cutoff. If that is the case, then the participant 
    cannot use the ThriftLine to cancel an interfund transfer request that 
    was submitted on Form TSP-30. For that reason, participants who prefer 
    to make interfund transfer requests by use of Form TSP-30 are 
    encouraged to cancel only in writing. The Board will not be responsible 
    for a participant's inability to cancel a Form TSP-30 by use of the 
    ThriftLine. Participants are encouraged to use, in any one interfund 
    transfer period, only one medium to make, change, or cancel interfund 
    transfer requests.
    
    Regulatory Flexibility Act
    
        I certify that these regulations will not have a significant 
    economic impact on a substantial number of small entities.
    
    Paperwork Reduction Act
    
        I certify that these regulations do not require additional 
    reporting under the criteria of the Paperwork Reduction Act of 1980.
    
    List of Subjects in 5 CFR Part 1601
    
        Employee benefit plans, Government employees, Retirement, Pensions.
    Roger W. Mehle,
    Executive Director, Federal Retirement Thrift Investment Board.
        For the reasons set out in the preamble, part 1601 of chapter VI of 
    title 5 of the Code of Federal Regulations is proposed to be amended as 
    set forth below:
    
    PART 1601--[AMENDED]
    
        1. The authority citation for Part 1601 continues to read as 
    follows:
    
        Authority: 5 U.S.C. 8351, 8438, 8474 (b)(5) and (c)(1).
    
        2. Section 1601.1 is amended by revising the definition ``Interfund 
    Transfer Request'' and adding in alphabetical order definitions 
    ``Acknowledgment of Risk'', ``Board'', and ``ThriftLine'', to read as 
    follows:
    
    
    Sec. 1601.1  Definitions.
    
    * * * * *
        Acknowledgment of Risk means an acknowledgment that any investment 
    in the C Fund or F Fund is made at the participant's risk, that the 
    participant is not protected by the United States Government or the 
    Board against any loss on the investment, and that neither the United 
    States Government nor the Board guarantees any return on the 
    investment.
    * * * * *
        Board means the Federal Retirement Thrift Investment Board.
    * * * * *
        Interfund transfer request means submission of a properly completed 
    Interfund Transfer Request (Form TSP-30) or proper entry of an 
    interfund transfer through use of the ThriftLine.
    * * * * *
        ThriftLine means the automated voice response system by which TSP 
    participants may, among other things, make interfund transfer requests 
    by telephone.
    * * * * *
        3. Section 1601.5 is revised to read as follows:
    
    
    Sec. 1601.5.  Methods of requesting an interfund transfer.
    
        (a) To make an interfund transfer, participants may either submit 
    to the TSP recordkeeper a properly completed Interfund Transfer Request 
    (Form TSP-30), or may enter the interfund transfer request over the 
    telephone by using the ThriftLine. Forms TSP-30 generated prior to 
    October 1990, which were preprinted with a participant's name and 
    address, described restrictions on the amounts which could be invested 
    in the C Fund and F Fund, and specified an effective date for the 
    interfund transfer, are obsolete forms. They will be rejected by the 
    TSP recordkeeper if submitted to make an interfund transfer request. 
    Similarly, Form TSP-30-S, which was designed for use only by certain 
    FERS participants to make interfund transfers effective as of the end 
    of December 1990, are obsolete forms which will be rejected by the TSP 
    recordkeeper if submitted to make an interfund transfer request.
        (b) To make an interfund transfer request, a participant must 
    designate the percentages of his or her account balance that are to be 
    invested in the C Fund, F Fund, and/or G Fund. The percentages selected 
    by the participant must be in multiples of 5 percent and must total 100 
    percent. An interfund transfer request has no effect on contributions 
    made by a participant after the effective date of the interfund 
    transfer (as determined in accordance with Sec. 1601.6); such 
    subsequent contributions will continue to be allocated among the 
    investment funds in accordance with the participant's election under 
    subpart B of this part.
        (c) The percentages elected by the participant will be applied to 
    the participant's account balance attributable to each source of 
    contributions as of the effective date of the interfund transfer, as 
    determined in accordance with Sec. 1601.6.
        (d) Participants who have at any time in the past invested any 
    portion of their TSP accounts in the C Fund or F Fund are eligible to 
    make interfund transfer requests using the ThriftLine; such 
    participants need not, if using Form TSP-30 to make a written interfund 
    transfer request, complete the section of the form that contains the 
    acknowledgment of risk. Participants who have not at any time in the 
    past invested any portion of their TSP accounts in the C Fund or F Fund 
    are not eligible to make interfund transfers using the ThriftLine until 
    a properly completed Acknowledgment of Risk for ThriftLine Interfund 
    Transfer (Form TSP-32) has been received by the TSP recordkeeper. 
    Participants who have not at any time in the past invested any portion 
    of their TSP accounts in the C Fund or F Fund must complete the 
    acknowledgment of risk section of Form TSP-30 if they make a written 
    interfund transfer request, unless a properly completed Form TSP-32 has 
    been received by the TSP recordkeeper.
        (e) An Interfund Transfer Request (Form TSP-30) that has been 
    submitted to the TSP recordkeeper will not be processed and will have 
    no effect, if:
        (1) it is not signed and dated, or otherwise is not properly 
    completed in accordance with the instructions on the form;
        (2) in the case of a participant who has not previously invested 
    any portion of his or her TSP account in the C Fund or F Fund and for 
    whom a properly completed Form TSP-32 has not been received by the TSP 
    recordkeeper, the acknowledgment of risk section of the Form TSP-30 is 
    not signed; or
        (3) the participant is not otherwise eligible to make an interfund 
    transfer (e.g. because he or she has already made the maximum number of 
    interfund transfers permitted during the year).
        (f) If a Form TSP-30 is rejected, the form will have no effect. The 
    participant will be provided with a brief written statement of the 
    reason the form was rejected.
        4. Section 1601.6 is revised to read as follows:
    
    
    Sec. 1601.6  Timing and effective dates of interfund transfers.
    
        (a) Annual Limit. A participant may have no more than four 
    interfund transfers made effective during any calendar year. For 
    purposes of this limitation, an interfund transfer made effective as of 
    the end of December will count against the limit for the calendar year 
    in which that December falls.
        (b) Effective dates. Interfund transfer requests received by the 
    TSP recordkeeper (whether by Form TSP-30 or on the ThriftLine) on or 
    before the 15th day of a month (or, if the 15th day is not a business 
    day, by the next business day) shall be effective as of the end of the 
    month during which the interfund transfer request was received. 
    Interfund transfer requests received by the TSP record-keeper after the 
    15th day of a month (or, if applicable, by the next business day) will 
    be effective as of the end of the month following the month during 
    which the interfund transfer request was received. Account balances 
    that are reallocated among the investment funds effective as of the end 
    of any month will reflect the effects of all other account activity 
    posted to the account effective during or as of the end of that month.
        (c) Multiple interfund transfer requests. (1) If more than one 
    properly completed interfund transfer request with different dates are 
    received for the same participant after the 15th day of one month (or, 
    if applicable, after the next business day), but on or before the 15th 
    day of the next month (or, if applicable, the next business day), the 
    interfund transfer request with the latest date (as determined by 
    paragraph (c)(3) of this section) will be made effective and the 
    earlier interfund transfer request(s) will be superseded.
        (2) If more than one properly completed interfund transfer request 
    with the same dates are received for the same participant after the 
    15th day of one month (or, if applicable, after the next business day), 
    but on or before the 15th day of the next month (or, if applicable, the 
    next business day), the following rules shall apply:
        (i) If one or more of the interfund transfer requests were 
    submitted using the ThriftLine and one or more were made on Form TSP-
    30, the request(s) made on the ThriftLine will supersede the request(s) 
    made on Form TSP-30;
        (ii) If more than one of the interfund transfer requests were made 
    on the ThriftLine, the request entered at the latest time of day will 
    supersede the earlier request(s); and
        (iii) If more than one of the interfund transfer requests were 
    submitted using Form TSP-30, all such forms will be rejected, unless 
    they all contain identical percentage allocations among the TSP 
    investment funds, in which case they will be accepted.
        (3) For purposes of determining the date of an interfund transfer 
    request:
        (i) The date of an interfund transfer request made on the 
    ThriftLine shall be the date of its telephone entry;
        (ii) The date of an interfund transfer request made on Form TSP-30 
    shall be the signature date set forth on the form by the participant; 
    and
        (iii) Central time will be used for determining the date on which a 
    transaction is entered on the ThriftLine.
        (d) Cancellation of interfund transfer requests. Interfund transfer 
    requests may be cancelled either in writing or by entering the 
    cancellation on the ThriftLine:
        (1) Cancellation by letter. A participant may cancel an interfund 
    transfer request by submitting a letter to the TSP recordkeeper 
    requesting cancellation. To be accepted, the cancellation letter must 
    be signed and dated and must contain the participant's name, Social 
    Security number, and date of birth. To be effective, the cancellation 
    letter must be received on or before the 15th day of the month as of 
    the end of which the interfund transfer is to be effective (or, if 
    applicable, by the next business day). Unless the letter states 
    unambiguously the specific interfund transfer request it seeks to 
    cancel, the written cancellation will apply to any interfund transfer 
    request with a date (as determined under paragraph (c)(3) of this 
    section) before the date of the cancellation letter. If the date of a 
    cancellation letter is the same as the date of an interfund transfer 
    request and the request was made on Form TSP-30, it will be cancelled; 
    if the request was made on the ThriftLine it will only be cancelled if 
    the written cancellation specifies the date of the ThriftLine request 
    to be cancelled.
        (2) Cancellation on ThriftLine. An interfund transfer request may 
    also be cancelled by entering the cancellation on the ThriftLine on or 
    before the 15th day of the month (or, if applicable, the next business 
    day) as of the end of which the interfund transfer is to be effective. 
    A cancellation entered on the ThriftLine will apply to a pending 
    interfund transfer request entered on the ThriftLine prior to the entry 
    of the cancellation. A cancellation entered on the Thriftline can only 
    apply to interfund transfer requests submitted on Forms TSP-30 that 
    were:
        (i) Dated on or before the date of the cancellation; and
        (ii) Received and entered into the TSP recordkeeping system before 
    the cancellation is attempted on the ThriftLine.
        (3) Cancellation of Form TSP-30 Using ThriftLine. The Board cannot 
    guarantee that the TSP recordkeeper will enter Forms TSP-30 into the 
    TSP recordkeeping system before the 15th day of the month, regardless 
    of the date the Form TSP-30 may have been received. Thus, participants 
    cannot rely on the ThriftLine to cancel an interfund transfer request 
    that was submitted on Form TSP-30, and participants are discouraged 
    from attempting to do so. The Board is not responsible for any 
    consequences of a participant's inability to cancel on the ThriftLine 
    an interfund transfer request submitted on Form TSP-30.
    
    [FR Doc. 94-31653 Filed 12-27-94; 8:45 am]
    BILLING CODE 6760-01-M
    
    
    

Document Information

Published:
12/28/1994
Department:
Federal Retirement Thrift Investment Board
Entry Type:
Uncategorized Document
Action:
Proposed rule.
Document Number:
94-31653
Dates:
Comments must be received on or before January 27, 1995.
Pages:
0-0 (None pages)
Docket Numbers:
Federal Register: December 28, 1994
CFR: (4)
5 CFR 1601.6(c)(3)(iii)
5 CFR 1601.1
5 CFR 1601.5
5 CFR 1601.6