---
kind: "section"
citation: "5 U.S.C. § 8431"
title: "5"
title_heading: "Government Organization and Employees"
number: "8431"
heading: "Certain transfers to be treated as a separation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8431"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 84 — Federal Employees’ Retirement System"
  - "Subchapter III — Thrift Savings Plan"
---

# §8431. Certain transfers to be treated as a separation

- (a) For purposes of this subchapter, separation from [Government](/usc/5/4101.md?p=3) employment includes a transfer from a [position](/usc/5/5102.md?p=a-3) that is subject to one of the retirement [systems](/usc/5/8401.md?p=29) described in [subsection (b)](#b) to a [position](/usc/5/5102.md?p=a-3) that is not subject to any of them.
- (b) The retirement [systems](/usc/5/8401.md?p=29) described in this subsection are—
  - (1) the retirement [system](/usc/5/8401.md?p=29) under this chapter;
  - (2) the retirement [system](/usc/5/8401.md?p=29) under subchapter III of [chapter 83](/usc/5/chptIII/sptG/ch83.md); and
  - (3) any other retirement [system](/usc/5/8401.md?p=29) under which individuals may contribute to the Thrift Savings [Fund](/usc/5/8401.md?p=6) through withholdings from [pay](/usc/5/7511.md?p=a-4).

## Source credit

(Added Pub. L. 106–168, title II, § 203(a)(1), Dec. 12, 1999, 113 Stat. 1820.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 8431, added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 541; amended Pub. L. 101–509, title V, § 529 [title I, § 101(b)(6)(B)], Nov. 5, 1990, 104 Stat. 1427, 1440, provided a definition of “basic pay” for this subchapter, prior to repeal by Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 659 [title II, §§ 206(a)(2), 207]], Sept. 30, 1996, 110 Stat. 3009–314, 3009–372, 3009–378, effective Sept. 30, 1996.

### Statutory Notes and Related Subsidiaries

### Effective Date

Pub. L. 106–168, title II, § 203(c), Dec. 12, 1999, 113 Stat. 1820, provided that: “The amendments made by this section [enacting this section and amending section 8351 of this title] shall apply with respect to transfers occurring before, on, or after the date of the enactment of this Act [Dec. 12, 1999], except that, for purposes of applying such amendments with respect to any transfer occurring before such date of enactment, the date of such transfer shall be considered to be the date of the enactment of this Act. The Executive Director (within the meaning of section 8401(13) of title 5, United States Code) may prescribe any regulations necessary to carry out this subsection.”