Hardship Withdrawals for Expenses Related to Natural Disasters

Published date14 February 2020
Citation85 FR 8482
Record Number2020-03041
SectionProposed rules
CourtFederal Retirement Thrift Investment Board
Federal Register, Volume 85 Issue 31 (Friday, February 14, 2020)
[Federal Register Volume 85, Number 31 (Friday, February 14, 2020)]
                [Proposed Rules]
                [Pages 8482-8483]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-03041]
                ========================================================================
                Proposed Rules
                 Federal Register
                ________________________________________________________________________
                This section of the FEDERAL REGISTER contains notices to the public of
                the proposed issuance of rules and regulations. The purpose of these
                notices is to give interested persons an opportunity to participate in
                the rule making prior to the adoption of the final rules.
                ========================================================================
                Federal Register / Vol. 85, No. 31 / Friday, February 14, 2020 /
                Proposed Rules
                [[Page 8482]]
                FEDERAL RETIREMENT THRIFT INVESTMENT BOARD
                5 CFR Part 1650
                Hardship Withdrawals for Expenses Related to Natural Disasters
                AGENCY: Federal Retirement Thrift Investment Board.
                ACTION: Proposed rule.
                -----------------------------------------------------------------------
                SUMMARY: The Federal Retirement Thrift Investment Board (``FRTIB'')
                proposes to allow participants to take hardship withdrawals for
                expenses related to natural disasters.
                DATES: Comments must be received on or before March 16, 2020.
                ADDRESSES: You may submit comments using one of the following methods:
                 Federal eRulemaking Portal: http://www.regulations.gov.
                Follow the instructions for submitting comments.
                 Mail: Office of General Counsel, Attn: Megan G. Grumbine,
                Federal Retirement Thrift Investment Board, 77 K Street NE, Suite 1000,
                Washington, DC 20002.
                 Hand Delivery/Courier: The address for sending comments by
                hand delivery or courier is the same as that for submitting comments by
                mail.
                 Facsimile: Comments may be submitted by facsimile at (202)
                942-1676.
                FOR FURTHER INFORMATION CONTACT: Jessica Bradford, (202) 864-8699.
                SUPPLEMENTARY INFORMATION: The FRTIB 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)).
                 FERSA regulations permit in-service withdrawals from TSP accounts
                based upon four different types, or conditions, of financial hardship
                experienced by participants: (1) Negative monthly cash flow; (2)
                certain medical expenses of participant and his or her spouse or
                dependents; (3) payments for repairs or replacement of property
                resulting from personal casualty losses; and (4) attorney's fees and
                court costs associated with a participant's separation or divorce.
                 In the past, expenses and lost income resulting from natural
                disasters were not one of the four authorized hardship expenses.
                Instead, in order to allow participants to take hardship withdrawals
                based on natural disaster expenses and losses, the TSP relied on relief
                and guidance issued by the Internal Revenue Service (IRS), which made
                disaster relief announcements to allow participants in private sector
                401(k) plans to take hardship withdrawals for natural disaster expenses
                and losses. However, the IRS recently announced that it will
                discontinue its practice of issuing disaster relief announcements.
                Rather than issuing such an announcement after a natural disaster to
                permit plans to authorize such hardship withdrawals, it amended its
                regulation to add to its safe harbor list of financial hardship
                expenses a new type of expense incurred as a result of certain
                disasters.
                 Specifically, on September 23, 2019, the IRS amended Treasury
                Regulation Sec. 1.401(k)-1(d)(3), adding to the safe harbor financial
                hardship expenses, losses (including loss of income) and expenses
                incurred by a participant on account of a disaster declared by the
                Federal Emergency Management Agency (FEMA) if the participant's
                principal residence or principal place of employment at the time of the
                disaster was located in an area designated by the FEMA for individual
                assistance with respect to the disaster.
                 Because the TSP has relied on the IRS' disaster relief
                announcements to authorize hardship withdrawals for expenses and lost
                income relating to natural disasters, and because those announcements
                will no longer be made by the IRS in light of its amended regulation,
                the FRTIB proposes to add to its list of authorized hardship expenses,
                the expenses and losses (including loss of income) resulting from a
                natural disaster as declared by the FEMA in order to allow TSP
                participants to make financial hardship withdrawals for such natural
                disaster expenses. The FRTIB intends for this proposed regulation to
                mirror Treasury Regulation Sec. 1.401(k)-1(d)(3)(ii)(B)(7) to the
                extent it is applicable.
                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 employees, members of the uniformed services who
                participate in the Thrift Savings Plan, and their beneficiaries. The
                TSP is a Federal defined contribution retirement savings plan created
                FERSA and is administered by the Agency.
                Paperwork Reduction Act
                 I certify that these regulations do not require additional
                reporting under 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 1532
                is not required.
                List of Subjects in 5 CFR Part 1650
                 Taxes, Claims, Government employees, Pensions, Retirement.
                Ravindra Deo,
                Executive Director, Federal Retirement Thrift Investment Board.
                 For the reasons stated in the preamble, the FRTIB proposes to amend
                5 CFR chapter VI as follows:
                PART 1650--METHODS OF WITHDRAWING FUNDS FROM THE THRIFT SAVINGS
                PLAN
                0
                1. The authority citation for part 1650 continues to read as follows:
                 Authority: 5 U.S.C. 8351, 8432d, 8433, 8434, 8435, 8474(b)(5)
                and 8474(c)(1).
                0
                2. Amend Sec. 1650.32 by revising paragraph (b) introductory text and
                [[Page 8483]]
                adding paragraph (b)(5) to read as follows:
                Sec. 1650.32 Financial hardship withdrawals.
                * * * * *
                 (b) To be eligible for a financial hardship withdrawal, a
                participant must have a financial need that results from at least one
                of the following five conditions:
                * * * * *
                 (5) The participant has incurred expenses and losses (including
                loss of income) on account of a disaster declared by the Federal
                Emergency Management Agency (FEMA) under the Robert T. Stafford
                Disaster Relief and Emergency Assistance Act, Public Law 100-707,
                provided that the participant's principal residence or principal place
                of employment at the time of the disaster was located in an area
                designated by the FEMA for individual assistance with respect to the
                disaster.
                * * * * *
                [FR Doc. 2020-03041 Filed 2-13-20; 8:45 am]
                 BILLING CODE 6760-01-P
                

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