[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR1606.11]

[Page 204]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
         CHAPTER VI--FEDERAL RETIREMENT THRIFT INVESTMENT BOARD
 
PART 1606--LOST EARNINGS ATTRIBUTABLE TO EMPLOYING AGENCY ERRORS--Table of Contents
 
                    Subpart D--Lost Earnings Records
 
Sec. 1606.11  Agency submission of lost earnings records.


    (a) All lost earnings records required to be submitted pursuant to 
this part must be submitted to the TSP Recordkeeper in the manner and 
format prescribed in instructions provided to employing agencies by the 
Board or TSP recordkeeper.
    (b) Where this part requires submission of lost earnings records, 
the employing agency must submit a separate lost earnings record for 
each pay period affected by the error. A lost earnings record may 
include all three sources of contributions, or it may include loan 
allotments, but may not include both loan allotments and contributions.
    (c) Where this part requires the employing agency to indicate on a 
lost earnings record the investment fund to which a contribution would 
have been deposited had an employing agency error not occurred, that 
determination must be made solely on the basis of a properly completed 
allocation election on a Form TSP-1 that was accepted by the employing 
agency before the date the contribution should have been made, and that 
was still in effect as of that date. Where no such allocation election 
was in effect as of the date the contribution would have been made had 
the error not occurred, the lost earnings record submitted by the 
employing agency must indicate that the contributions should have been 
made to the G Fund. Under no circumstances may a participant or 
employing agency choose, after the date a contribution should have been 
made or the date that it was made to an erroneous investment fund, the 
investment fund to which the contribution would have been made had the 
employing error not occurred.
    (d) With respect to employing agency errors that cause money not to 
be invested in the Thrift Savings Fund, lost earnings records may not be 
submitted until the money to which the lost earnings relate has been 
invested in the Thrift Savings Fund. Where the employing agency error 
involved delayed TSP contributions, not lost earnings shall be payable 
unless and until the associated payment records are submitted in 
accordance with the provisions of 5 CFR part 1605. Lost earnings records 
and the delayed payment records to which they relate may be submitted 
simultaneously;
    (e) Where an employing agency erroneously submits a lost earnings 
record that is processed by the TSP recordkeeper, the employing agency 
must subsequently submit a lost earnings record indicating that the 
previous lost earnings transaction should be reversed.