[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: 5CFR1655.13] [Page 292] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER VI--FEDERAL RETIREMENT THRIFT INVESTMENT BOARD PART 1655--LOAN PROGRAM--Table of Contents Sec. 1655.13 Distributions. (a) The Board will declare the unpaid loan principal, plus unpaid interest, to be a taxable distribution from the Plan if: (1) A participant is in confirmed non-pay status for a period of one year or more and the participant has not prepaid the loan as provided in Sec. 1655.17; (2) A participant separates from Government service and does not repay the outstanding loan principal and interest in full within a date which is the earlier of: (i) 90 calendar days after the date of the notice from the recordkeeper to the participant explaining his or her prepayment options that are available upon separation from Government service; or (ii) 90 calendar days after the date of the notice from the recordkeeper to the participant that, because his or her payments were incorrect or missing for 90 calendar days (pursuant to Sec. 1655.15(a)), his or her loan must be reamortized or prepaid in full or a taxable distribution will be declared; (3) There are incorrect or missing payments (as described in Sec. 1655.15) and the participant fails to or is ineligible to exercise one of the reamortization or repayment in full options set forth in Sec. 1655.15; (4) Any material information provided in accordance with Secs. 1655.10 or 1655.11 is found to be false; (5) The loan is not repaid in full (including interest due) within five years, in the case of any loan other than a loan for purchase of a primary residence, or 18 years, in the case of a loan for purchase of a primary residence, of the loan issue date; (6) The participant dies. (b) If a distribution occurs in accordance with paragraph (a) of this section, the Board will notify the participant or, in the case of death, the estate of the amount and date of the distribution. The Board will report the distribution to the Internal Revenue Service as income for the year in which it occurs. [55 FR 979, Jan. 10, 1990, as amended at 61 FR 58756, Nov. 18, 1996]