MARCH 2023 QUARTERLY e -NEWS

"required minimum distributions" must begin from such accounts to 73, effective with those turning 73 this year. Further the age will increase to age 75 effective with those turning that age in 2033.

Other provisions which will need additional guidance include: ending the requirement for required minimum distributions of ROTH balances effective in 2024; allowing a withdrawal of up to $1,000 per year for certain emergency needs without the standard 10 percent tax penalty applying to in-service withdrawals taken before age 59 1/2 effective in 2024; and raising the limit on the "catch-up contributions" to $10,000 for those age 60 thru 63 effective in 2025.

There are other provisions which could require policy decisions within the Thrift Board including: requiring catch-up contributions be made as ROTH contributions for those above certain income thresholds, and requiring that the allowable amounts be indexed to inflation

There is another provision that would allow employers to make matching contributions for their employees who are paying off student loan debt, as if those payments had been invested in the TSP. This provision is at the discretion of the employer, and in the federal government context it is not defined whether such payments would be set by government-wide policy or whether individual agencies would decide whether to participate.

Digital Tsp Forms

Unrelated to the Secure 2.0 and Omnibus changes, the Thrift Board has announced that several TSP forms are now available digitally only. Among the most commonly used forms which are now handled on My Account are:

TSP-3 Designation of Beneficiary

TSP-20 Loan Application

TSP-21-G Loan Agreement (General)

TSP-21-R Loan Agreement (Residential)

TSP-60 Request for a Transfer into the TSP

TSP-65 Request to Combine Civilian and Uniformed Services TSP Accounts

TSP-75 Age Based Service 59 1/2 Withdrawal Request

TSP-76 Financial Hardship In-Service Withdrawal Request

TSP-95 Changes to Installment Payments

TSP-99 Withdrawal Request for Separated and Beneficiary Participants

New forms are not generic and are now barcoded for individual participants. The above transactions must be made through the My Account section of tsp.gov. Transactions using current paper forms will not be processed. Further, Agencies are being asked to destroy any stockpile of paper forms

DOMESTIC TERRORISM REMAINS PERSISTENT THREAT TO U.S.

By James A. Dinkins, President of Thomson Reuters Special Services Former Head of Homeland Security Investigations, Department of Homeland Security

The threats that law enforcement face today are increasingly complex and diverse. From the fentanyl and opioid crises to terrorism, our communities and nation are depending on law enforcement professionals in ways they haven’t in the past. The recent attacks on electrical substations across several states has underscored the vulnerability of the nation’s electrical grid and emphasized the persistent threat that domestic terrorism poses to the United States (U.S.). According to a joint report from the Federal Bureau of Investigation (FBI) and the Department of Homeland Security (DHS), one of the most significant threats to the Homeland is posed by lone offenders and small groups of individuals, both domestic and foreign, who commit acts of violence motivated by a range of ideological beliefs or personal grievances. Of those actors, domestic violent terrorists (DVEs) represent the most persistent threat to the U.S. While the motives for the substation attacks are often unknown, the great world of federal law enforcement has foiled several plans that have connections to extremist groups or ideologies. Within the last year, two separate attacks were thwarted by law enforcement where individuals conspired to attack power grids in furtherance of white supremacist ideology. Three men were arrested in February 2022 for planning to attack assigned substations throughout the U.S. in hopes that the loss of power would invoke a depression and cause a war, more specifically a race war. On February 6, 2023, federal law enforcement announced charges against a Maryland woman that conspired with a neo-Nazi leader to attack Baltimore’s power grid in hopes of furthering their racist mission and ideologies. The FBI and DHS categorize domestic terrorism into five categories to better inform their intelligence and prevention efforts. While the categories may evolve as motivations vary over time, cases of Racially or Ethnically Motivated Violent Extremism (RMVE), primarily those advocating the superiority of the white race, are likely to remain the most lethal category of domestic terrorism.

Some law enforcement officials, and those in academia, have long warned that attempts would be made to disrupt or destroy the nation’s critical infrastructures, including the national power grid, by groups that believe attacking such a critical infrastructure would create civil disorder and start a race war. In a November 2022 alert from the FBIs Newark field office, the agency warned of an increase of threats to electrical infrastructures from RMVEs, primarily from neoNazi and white supremacist groups. Attacks like these are seeing a decades-long high and lawmakers and law enforcement alike are trying to find ways to stop future attacks and develop harsher consequences for those that attempt to tamper with critical infrastructures. Electrical substations transform high-voltage electricity to lower levels to keep energy flowing through homes and businesses. Damaging even one can shut off access to critical services – something that some extremist groups are betting on. A review of the physical security of electrical facilities has been ordered by federal regulators and law enforcement is working hard to stay one step ahead of potential attacks.

To our partners in law enforcement, I want to say thank you for all you do to keep our communities safe by investigating and identifying threats to our great nation.

About Thomson Reuters Special Services

Based in McLean, Virginia, Thomson Reuters Special Services (TRSS) delivers creative, data-driven solutions for U.S. federal government, commercial, and international

DHS Updates Use of Force PolicyAfter President Biden’s Executive Order

This article was originally published in the FEDagent newsletter: a free weekly newsletter for the federal law enforcement community.

The Department of Homeland Security (DHS) updated its department wide Use of Force Policy for the first time since 2018. It will impact the 80,000 law enforcement officers that serve in DHS’s nine operational law enforcement agencies. The update was required under President Biden’s May 2022 Executive Order to Advance Effective, Accountable Policing and Strengthen Public Safety.

The updated policy meets or exceeds the Department of Justice (DOJ) guidelines on use of force. It was drafted after discussions with stakeholders in DHS and national labor organizations.

“Our ability to secure the homeland rests on public trust, which is built by accountability, transparency, and effectiveness in our law enforcement practices,” said Department of Homeland Security Secretary Alejandro Mayorkas.

clients. Our clients operate in rapidly changing, high-stakes environments and rely on TRSS to support missions that have significant impact to national security, public safety, and corporations. We partner with clients to mitigate supply chain risk, combat human rights crimes, perform deep due diligence, uncover large-scale financial crimes, address security threats, support criminal investigations, and more. Together, we empower data for good.

https://www.dhs.gov/sites/default/files/202210/22_1025_strategic -intelligence -assessment -datadomestic-terrorism.pdf https://www.justice.gov/opa/pr/three -men-plead -guiltyconspiring -provide -material-support-plot -attack -powergrids-united https://www.justice.gov/usao-md/pr/maryland-woman-and-florida-manface-federal-charges-conspiring-destroy-energy-facilities

The policy states that law enforcement officers can use force “only when no reasonably effective, safe, and feasible alternative appears to exist” and must use a level of force that is “objectively reasonable in light of the facts and circumstances.”

Among the updated policy changes:

The use of deadly force is prohibited on a person whose actions are only a threat to themselves or property.

Chokeholds and carotid restraints are prohibited unless deadly force is authorized.

No-knock warrants are limited to situations where “knocking would create an imminent threat of physical violence to the LEO (law enforcement officer) or another person or only for evidence perseveration in national security matters."

Wellness resources will be provided for law enforcement officers involved in use of force incidents.

New requirements on collecting and reporting use of force data.

Changes to law enforcement training involving the use of deadly force, the duty to intervene, less than lethal force, implicit bias, and de-escalation techniques.

DHS offices and agencies can draft and issue their own individual Use of Force Policies if they meet or exceed requirements set in the updated departmentwide policy.

Some organizations that advocate for migrants said the policy does not go far enough, particularly because it does not entirely ban the use of chokeholds.

“Chokeholds put lives at risk, and this policy still allows that wiggle room,” said Lilian Serrano, director of the Southern Border Communities Coalition, a human rights group. “They should have been (completely) prohibited.”

But union representatives in the San Diego area said the change will not have a major impact because many of the policies are already in place.

“Trainers have been telling us that carotid chokes are not a part of our use-of-force policy for quite a while,” said CBP officer and vice president of National Treasury Employees Union (NTEU) Chapter 105 Derrick Arnold.

FEDagent provides is a free weekly E-Report providing up-to-date news for 1811 Special Agents and other federal employees engaged in the mission of federal law enforcement and homeland security. From top news stories in the federal law enforcement and homeland security arena, to understandable reporting on key court decisions, we deliver unfiltered, unbiased news in an easy-to-read, straightforward format, designed to keep our readers informed about their work force.

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PREPARING FOR AN EEO INTERVIEW: AGENERALGUIDE FOR RESPONSIBLE MANAGEMENT OFFICIALS

By Peter J. Jeffrey, Esq., & Elizabeth K. Newman, Esq., Members, The Jeffrey Law Group, PLLC

Being a supervisor or manager in a federal agency carries the risk that you may be identified as a responsible management official (RMO) in a subordinate employee’s Equal Employment Opportunity (EEO) complaint. If you make it through your career without once being identified as a RMO, count yourself lucky and a rarity. Therefore, it is important for you to understand how to defend yourself during the investigation of an EEO complaint.

Federal agency employees are obligated to produce documentary and testimonial evidence in the investigation of an EEO complaint. 29 CFR §1614.108(c)(1). Even if you are now working at another federal agency, you cannot refuse to be interviewed. Typically, your testimony will be obtained by Declarations Under Penalty of Perjury as authorized by 28 U.S.C. §1746. Although a complaint is filed against your agency, and not you as an individual, if you are found to have engaged in discriminatory practices your agency may take disciplinary action against you. See 29 CFR §1614.102(a)(6). To minimize your liability, you should prepare in advance of your interview and potentially seek your own legal counsel. What follows is a general guide for RMOs to prepare for an EEO interview.

First, prior to your interview you should review:

All prior statements you may have made in connection with the allegations at issue in the EEO complaint. Consistency is key.

Prior case strategy memoranda, if applicable. Prior case strategy memoranda tend to highlight the helpful information already part of the record in your defense.

Second, unless otherwise instructed by the EEO investigator: Do not bring any documents, items, materials, etc. into your interview, even if the documents are unrelated to your interview.

For virtual interviews, do not have any documents on-screen or otherwise review documents off-screen. Failure to adhere to this instruction may result in the Agency’s ability to review documentation and materials that would have not otherwise been discoverable. However, if you are instructed to bring documents, be sure to bring them.

Third, during your interview:

Listen and respond only to the question posed. A subject’s biggest mistake is providing long dialogues that go beyond and outside the scope of the question posed.

Pause before providing an answer to a question posed. Pausing before providing an answer to a question allows you the necessary time to ensure that you understand the question asked of you, and, even more importantly, allows your attorney the opportunity to make a relevant objection to the question, if applicable.

Do not guess or speculate/Do not be afraid to say “I do not know,” or “I do not understand.” If you do not understand the question or know the information requested say so. If you are asked why you “think someone did something” or otherwise asked to guess, state you are unable to speculate.

Tell the truth. Many matters can come down to a battle of credibility; thus, any documented falsifications or inconsistencies will be used against you and can jeopardize your continued federal employment.

Stay calm and do not argue. Staying calm even in the face of adversity bolsters your credibility, allows you to think clearly and provide accurate testimony, and makes the opposing party appear less credible.

At the end of your interview, while you are still on the record, reserve your right to review and sign your transcript.

The attorneys of The Jeffrey Law Group, PLLC, are experienced in defending RMOs during EEO investigations. Often having a lawyer available to assist in preparation for and to be present at such an investigation is the best way to avoid a future disciplinary action. In many cases, your professional liability insurance, such as FEDS Protection, will provide you with legal services to defend against such allegations.

The information contained in this article is of a general nature and is subject to change; it is not meant to serve as legal advice in any particular situation. For specific legal advice, the authors recommend you consult a licensed attorney who is knowledgeable about the area of law in question..

Conquer Your Thrift Savings Program Fears Now

By Tammy Flanagan, Principal - Retire Federal

As we all know, the TSP is an important piece of your FERS retirement trio. While the FERS basic benefit and your Social Security retirement benefit are defined by a specific formula using salary rates and length of service, the income produced by your retirement savings is based on how much you can save and the performance of those investments. You are in control of the decisions you make regarding how much you save each pay period; whether you invest for tax-deferred or tax-free growth; whether to borrow from your balance when you have a large expense; and how you invest between the five core funds (G, F, C, S, or I) or one of the target date lifecycle funds or whether you transfer some of your balance to the mutual fund window. Keep in mind that after you leave federal service, you are still in control of:

Whether you leave all of it in the TSP or move some or all of it to an IRA.

How to manage this investment in retirement.

How much will you withdraw from your savings each month, quarter, or year.

Whether to elect a regular scheduled payment or peck at it as needed or purchase a life annuity.

If you are not sure you are making the best choices, there are options for education, such as:

TSP online training courses https://www.tsp.gov/online-learning/

Hire a financial professional (CFP, RIA, CPA, etc.) that can help you.

If you decide to hire a financial professional, do your due diligence by checking out their experience, qualifications and record of disclosures at https://brokercheck.finra.org/ (Jordan Belfort, German Nino or Kenneth Wayne McLeod are examples of who not to hire)

Attending financial planning training if offered at your agency or at your local community college or other events.

Online learning at websites such as www.investor.gov (managed by the Securities and Exchange Commission)

That “person” in the office who seems to know what to do with their money and shares his/her secrets with coworkers.

Each one of these options has merit, however, ultimately, it will be up to you to change your payroll allotment or your allocation of your TSP balance. If you sense that you may have fallen short of properly managing your TSP or saving enough for retirement, remember that there is no shame in asking for help. Try to avoid putting your head in the sand rather than trying to improve your situation so you can move forward. All investments involve some degree of risk, even the G Fund. Fear of your investment falling in value is another reason why education is so important. You can learn how to manage risk in investing as you have learned how to manage risk in your life and on the job. Even the“safe” G Fund runs the risk that inflation will outpace the returns of this fund. For example, last year inflation was 8.7 percent while the G Fund grew by 3.19 percent, so if all your money was invested in the G Fund, it didn’t grow in real dollars as purchasing power was lost. For example, your lunch that cost $10 last year, now will set you back $10.87. Risk is unavoidable; however, you can learn to manage it and not allow your fears to cause you to miss opportunities for growth.

Planning for retirement also involves keeping up with changes, one of which is that the maximum you can contribute to the TSP for 2023 is $22,500. A few suggestions for planning include:

Be sure to contribute a minimum of 5 percent every pay period to be sure that you get the maximum agency matching!

If you turn 50 in 2023 or are over age 50, you may increase your contributions by an additional $7,500 in “catch-up” contributions. Once you exceed the elective deferral limit, your contributions will spill over and automatically start counting toward the catch-up limit.

If you are not saving the maximum in the TSP, remember that you just got a pay increase in January - try to increase your TSP savings allotment by an additional one percent (or more!).

If you are saving the maximum and would like to do more, consider allocating some of your TSP contributions to the Roth (after-tax) TSP rather than the traditional (pre-tax). Although you will lose the immediate tax benefit of traditional contributions, doing this will provide a source of tax-free money for the future. Having a tax-free account to draw from in retirement can serve as an emergency fund that won’t cause you to pay higher income taxes by causing your income to be taxed at a higher marginal tax bracket. Retirees with higher income also pay higher rates for Medicare Part B.

“Both in my time as an attorney for a federal law enforcement agency and as the President and Founder of FEDS Protection, I have been working with WIFLE in some capacity for over 20 years. In that time, I have personally seen the tremendous good that the organization does for its members and the entire law enforcement community. The commitment and passion that WIFLE’s leadership, both past and present, have for their organization’s purpose made me want to support it by becoming a lifetime member.”

Anthony Vergnetti, President and Founder FEDS Protection

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