Legislación

US (United States) Code. Title 22. Chapter 52: Foreign Service

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22 USC Sec. 4027 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VII - CAREER DEVELOPMENT, TRAINING, AND ORIENTATION

-HEAD-

Sec. 4027. Visiting Scholars Program

-STATUTE-

(a) Establishment of program

There is authorized to be established at the institution a

program whereby selected scholars would participate fully in the

educational and training activities of the institution. This

program may be referred to as the "Visiting Scholars Program".

(b) Selection and appointment of scholars

(1) Scholars participating in the Visiting Scholars Program shall

be selected by a five-member board described in subsection (c) of

this section.

(2) Each visiting scholar shall serve a term of one year, except

that such term may be extended for one additional one-year period.

The board referred to in subsection (b) of this section shall be

composed of the Director of the institution, who shall serve as

chairperson, and four other members appointed by the Secretary of

State.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 707, as added Pub. L. 101-246, title

I, Sec. 144(a), Feb. 16, 1990, 104 Stat. 36; amended Pub. L.

103-236, title I, Sec. 126(3), Apr. 30, 1994, 108 Stat. 394.)

-MISC1-

AMENDMENTS

1994 - Subsecs. (a), (c). Pub. L. 103-236 substituted

"institution" for "Foreign Service Institute" and "Institute" in

subsec. (a) and "institution" for "Foreign Service Institute" in

subsec. (c).

-End-

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22 USC Sec. 4028 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VII - CAREER DEVELOPMENT, TRAINING, AND ORIENTATION

-HEAD-

Sec. 4028. Training for Foreign Service officers

-STATUTE-

(a) The Secretary of State, with the assistance of other relevant

officials, such as the Ambassador at Large for International

Religious Freedom appointed under section 6411(b) of this title and

the director of the George P. Shultz National Foreign Affairs

Training Center, shall establish as part of the standard training

provided after January 1, 1999, for officers of the Service,

including chiefs of mission, instruction in the field of

internationally recognized human rights. Such training shall

include -

(1) instruction on international documents and United States

policy in human rights, which shall be mandatory for all members

of the Service having reporting responsibilities relating to

human rights and for chiefs of mission; and

(2) instruction on the internationally recognized right to

freedom of religion, the nature, activities, and beliefs of

different religions, and the various aspects and manifestations

of violations of religious freedom.

(b) The Secretary of State shall provide sessions on refugee law

and adjudications and on religious persecution to each individual

seeking a commission as a United States consular officer. The

Secretary shall also ensure that any member of the Service who is

assigned to a position that may be called upon to assess requests

for consideration for refugee admissions, including any consular

officer, has completed training on refugee law and refugee

adjudications in addition to the training required in this section.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 708, as added and amended Pub. L.

105-292, title I, Sec. 104, title VI, Sec. 602(b), Oct. 27, 1998,

112 Stat. 2795, 2812; Pub. L. 107-132, Sec. 2(b), Jan. 16, 2002,

115 Stat. 2412.)

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AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-132 inserted "George P. Shultz"

after "director of the" in introductory provisions.

1998 - Pub. L. 105-292, Sec. 602(b), designated existing

provisions as subsec. (a) and added subsec. (b).

-End-

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22 USC SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND

DISABILITY 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

-HEAD-

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3951, 4084, 4153,

4156, 4159 of this title.

-End-

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22 USC Part I - Foreign Service Retirement and Disability

System 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

Part I - Foreign Service Retirement and Disability System

-HEAD-

PART I - FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 4044, 4054, 4055, 4064,

4071b, 4071c, 4071d, 4071j of this title; title 5 sections 8402,

8432c.

-End-

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22 USC Sec. 4041 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

Part I - Foreign Service Retirement and Disability System

-HEAD-

Sec. 4041. Administration

-STATUTE-

In accordance with such regulations as the President may

prescribe, the Secretary of State shall administer the Foreign

Service Retirement and Disability System (hereinafter in this part

referred to as the "System"), originally established pursuant to

section 18 of the Act of May 24, 1924 (43 Stat. 144).

-SOURCE-

(Pub. L. 96-465, title I, Sec. 801, Oct. 17, 1980, 94 Stat. 2102;

Pub. L. 99-335, title IV, Sec. 402(a)(2), June 6, 1986, 100 Stat.

609.)

-REFTEXT-

REFERENCES IN TEXT

Section 18 of the Act of May 24, 1924 (43 Stat. 144), referred to

in text, which was classified to section 21 of this title, was

repealed by act Aug. 13, 1946, ch. 957, title XI, Sec. 1131(44), 60

Stat. 1038.

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AMENDMENTS

1986 - Pub. L. 99-335 substituted "part" for "subchapter".

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section

702(a) of Pub. L. 99-335, set out as an Effective Date note under

section 8401 of Title 5, Government Organization and Employees.

EFFECTIVE DATE

Subchapter effective Feb. 15, 1981, except regarding the rights

of former spouses to any annuity under section 4054(a) of this

title or except to the extent provided in section 4159 of this

title, regarding rights of former spouses to receive survivor

annuities under this subchapter, see section 2403(a) and (e) of

Pub. L. 96-465, set out as a note under section 3901 of this title.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under this section delegated to Secretary

of State, see section 1 of Ex. Ord. No. 12293, Feb. 23, 1981, 46

F.R. 13969, set out as a note under section 3901 of this title.

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TERMINATION OF RETIREMENT BENEFITS FOR FOREIGN NATIONAL EMPLOYEES

ENGAGING IN HOSTILE INTELLIGENCE ACTIVITIES

Pub. L. 100-204, title I, Sec. 158, Dec. 22, 1987, 101 Stat.

1355, provided that:

"(a) Termination. - The Secretary of State shall exercise the

authorities available to him to ensure that the United States does

not provide, directly or indirectly, any retirement benefits of any

kind to any present or former foreign national employee of a United

States diplomatic or consular post against whom the Secretary has

convincing evidence that such employee has engaged in intelligence

activities directed against the United States. To the extent

practicable, the Secretary shall provide due process in

implementing this section.

"(b) Waiver. - The Secretary of State may waive the applicability

of subsection (a) on a case-by-case basis with respect to an

employee if he determines that it is vital to the national security

of the United States to do so and he reports such waiver to the

appropriate committees of the Congress."

TEMPORARY RETIREMENT CONTRIBUTIONS AND PROCEDURES FOR CERTAIN

PARTICIPANTS

For temporary provisions providing modified contributions and

procedures for members of the Service participating in the Foreign

Service Retirement and Disability System who are also required to

pay employment taxes relating to benefits under title II of the

Social Security Act, 42 U.S.C. 401 et seq., until they are covered

by a new Government retirement system or Jan. 1, 1986, whichever is

earlier, see title II of Pub. L. 98-168, set out as a note under

section 8331 of Title 5, Government Organization and Employees.

-End-

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22 USC Sec. 4042 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

Part I - Foreign Service Retirement and Disability System

-HEAD-

Sec. 4042. Maintenance of Fund

-STATUTE-

The Secretary of the Treasury shall maintain the special fund

known as the Foreign Service Retirement and Disability Fund

(hereinafter in this part referred to as the "Fund"), originally

created by section 18 of the Act of May 24, 1924 (43 Stat. 144).

-SOURCE-

(Pub. L. 96-465, title I, Sec. 802, Oct. 17, 1980, 94 Stat. 2102;

Pub. L. 99-335, title IV, Sec. 402(a)(2), June 6, 1986, 100 Stat.

609.)

-REFTEXT-

REFERENCES IN TEXT

Section 18 of the Act of May 24, 1924 (43 Stat. 144), referred to

in text, which was classified to section 21 of this title, was

repealed by act Aug. 13, 1946, ch. 957, title XI, Sec. 1131(44), 60

Stat. 1038.

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AMENDMENTS

1986 - Pub. L. 99-335 substituted "part" for "subchapter".

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section

702(a) of Pub. L. 99-335, set out as an Effective Date note under

section 8401 of Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4071a of this title.

-End-

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22 USC Sec. 4043 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

Part I - Foreign Service Retirement and Disability System

-HEAD-

Sec. 4043. Participants

-STATUTE-

(a) Career appointees or candidates; chiefs of mission

Except as provided in subsection (d) of this section, the

following members of the Service (hereinafter in this part referred

to as "participants") shall be entitled to the benefits of the

System:

(1) Every member who is serving under a career appointment or

as a career candidate under section 3946 of this title -

(A) in the Senior Foreign Service, or

(B) assigned to a salary class in the Foreign Service

Schedule.

(2) Every chief of mission, who is not a participant under

paragraph (1), who -

(A) has served as chief of mission for an aggregate period of

20 years or more, and

(B) has paid into the Fund a special contribution for each

year of such service in accordance with section 4045 of this

title.

(b) Executive branch appointees

Any otherwise eligible member of the Service who is appointed to

a position in the executive branch by the President, by and with

the advice and consent of the Senate, or by the President alone,

shall not by virtue of the acceptance of such appointment cease to

be eligible to participate in the System.

In addition to the individuals who are participants in the System

under subsection (a) of this section, any individual who was

appointed as a Binational Center Grantee and who completed at least

5 years of satisfactory service as such a grantee or under any

other appointment under the Foreign Service Act of 1946 may become

a participant in the System, and shall receive credit for such

service if an appropriate special contribution is made to the Fund

in accordance with section 4045(d) or (f) of this title.

(d) Exclusion

An individual subject to the Foreign Service Pension System

(described in part II of this subchapter) is not a participant in

this System.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 803, Oct. 17, 1980, 94 Stat. 2102;

Pub. L. 99-335, title IV, Secs. 402(a)(2), 414, June 6, 1986, 100

Stat. 609, 614.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Service Act of 1946, referred to in subsec. (c), is

act Aug. 13, 1946, ch. 957, titles I to X, 60 Stat. 999, as

amended, which was classified principally to chapter 14 (Sec. 801

et seq.) of this title, and was repealed by Pub. L. 96-465, title

II, 2205(1), Oct. 17, 1980, 94 Stat. 2159.

-MISC1-

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-335, Secs. 402(a)(2), 414(1),

substituted "Except as provided in subsection (d) of this section,

the" for "The" and "part" for "subchapter" in provisions preceding

par. (1).

Subsec. (d). Pub. L. 99-335, Sec. 414(2), added subsec. (d).

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section

702(a) of Pub. L. 99-335, set out as an Effective Date note under

section 8401 of Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4071b, 4159 of this

title.

-End-

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22 USC Sec. 4044 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

Part I - Foreign Service Retirement and Disability System

-HEAD-

Sec. 4044. Definitions

-STATUTE-

As used in this part, unless otherwise specified, the term -

(1) "annuitant" means any individual, including a former

participant or survivor, who meets all requirements for an

annuity from the Fund under this chapter or any other Act and who

has filed a claim for such annuity;

(2) "child" means an individual -

(A) who -

(i) is an offspring or adopted child of the participant,

(ii) is a stepchild or recognized natural child of the

participant and who received more than one-half support from

the participant, or

(iii) lived with the participant, for whom a petition of

adoption was filed by the participant, and who is adopted by

the surviving spouse of the participant after the death of

the participant;

(B) who is unmarried; and

(i) is under the age of 18 years,

(ii) is a student under the age of 22 years (for purposes

of this clause, an individual whose 22d birthday occurs

before July 1 or after August 31 of the calendar year in

which that birthday occurs, and while the individual is a

student, is deemed to become 22 years of age on the first

July 1 which occurs after that birthday), or

(iii) is incapable of self-support because of a physical or

mental disability which was incurred before the individual

reached the age of 18 years;

(3) "court" means any court of any State, the District of

Columbia, the Commonwealth of Puerto Rico, Guam, the Northern

Mariana Islands, or the Virgin Islands, and any Indian court as

defined by section 1301(3) of title 25;

(4) "court order" means any court decree of divorce or

annulment, or any court order or court approved property

settlement agreement incident to any court decree of divorce or

annulment;

(5) "Foreign Service normal cost" means the level percentage of

payroll required to be deposited in the Fund to meet the cost of

benefits payable under the System (computed in accordance with

generally accepted actuarial practice on an entry-age basis) less

the value of retirement benefits earned under another retirement

system for Government employees and less the cost of credit

allowed for military and naval service;

(6) "former spouse" means a former wife or husband of a

participant or former participant who was married to such

participant for not less than 10 years during periods of service

by that participant which are creditable under section 4056 of

this title;

(7) "Fund balance" means the sum of -

(A) the investments of the Fund calculated at par value, plus

(B) the cash balance of the Fund on the books of the

Treasury;

(8) "lump-sum credit" means the compulsory and special

contributions to the credit of a participant or former

participant in the Fund plus interest on such contributions at 4

percent a year compounded annually to December 31, 1976, and

after such date, for a participant who separates from the Service

after completing at least 1 year of civilian service and before

completing 5 years of such service, at the rate of 3 percent per

year to the date of separation (except that interest shall not be

paid for a fractional part of a month in the total service or on

compulsory and special contributions from an annuitant for recall

service or other service performed after the date of separation

which forms the basis for annuity);

(9) "military and naval service" means honorable active service

(A) in the Armed Forces of the United States,

(B) in the Regular or Reserve Corps of the Public Health

Service after June 30, 1960, or

Atmospheric Administration, or a predecessor organization,

after June 30, 1961,

but does not include service in the National Guard except when

ordered to active duty in the service of the United States;

(10) "pro rata share", in the case of any former spouse of any

participant or former participant, means a percentage which is

equal to the percentage that (A) the number of years during which

the former spouse was married to the participant during the

creditable service (creditable under part I or II of this

subchapter) of that participant is of (B) the total number of

years of such creditable service (creditable under part I or II

of this subchapter);

(11) "spousal agreement" means any written agreement between -

(A) a participant or former participant; and

(B) his or her spouse or former spouse;

(12) "student" means a child regularly pursuing a full-time

course of study or training in residence in a high school, trade

school, technical or vocational institute, junior college,

college, university, or comparable recognized educational

institution (for purposes of this paragraph, a child who is a

student shall not be deemed to have ceased to be a student during

any period between school years, semesters, or terms if the

period of nonattendance does not exceed 5 calendar months and if

the child shows to the satisfaction of the Secretary of State

that he or she has a bona fide intention of continuing to pursue

his or her course of study during the school year, semester, or

term immediately following such period);

(13) "surviving spouse" means the surviving wife or husband of

a participant or annuitant who was married to the participant or

annuitant for at least 9 months immediately preceding his or her

death or is a parent of a child born of the marriage, except that

the requirement for at least 9 months of marriage shall be deemed

satisfied in any case in which the participant or annuitant dies

within the applicable 9-month period, if -

(A) the death of such participant or annuitant was

accidental; or

(B) the surviving spouse of such individual had been

previously married to the individual and subsequently divorced

and the aggregate time married is at least 9 months;

(14) "unfunded liability" means the estimated excess of the

present value of all benefits payable from the Fund under this

part over the sum of -

(A) the present value of deductions to be withheld from the

future basic salary of participants and of future agency

contributions to be made on their behalf, plus

(B) the present value of Government payments to the Fund

under section 4061 of this title, plus

determined; and

(15) "special agent" means an employee of the Department of

State with a primary skill code of 2501 -

(A) the duties of whose position -

(i) are primarily -

(I) the investigation, apprehension, or detention of

individuals suspected or convicted of offenses against the

criminal laws of the United States; or

(II) the protection of persons pursuant to section

2709(a)(3) of this title against threats to personal

safety; and

(ii) are sufficiently rigorous that employment

opportunities should be limited to young and physically

vigorous individuals, as determined by the Secretary of State

pursuant to section 4823 of this title;

(B) performing duties described in subparagraph (A) before,

on, or after November 13, 1998; or

or administrative in nature after performing duties described

in subparagraph (A) for at least 3 years.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 804, Oct. 17, 1980, 94 Stat. 2102;

Pub. L. 99-335, title IV, Secs. 402(a)(2), (3), 403, 404(a), June

6, 1986, 100 Stat. 609, 610; Pub. L. 100-238, title II, Sec. 211,

Jan. 8, 1988, 101 Stat. 1773; Pub. L. 105-382, Sec. 2(a)(1), Nov.

13, 1998, 112 Stat. 3406.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in par. (1), was in the original "this

Act", meaning Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as

amended, known as the Foreign Service Act of 1980, which is

classified principally to this chapter (Sec. 3901 et seq.). For

complete classification of this Act to the Code, see Short Title

note set out under section 3901 of this title and Tables.

-MISC1-

AMENDMENTS

1998 - Par. (15). Pub. L. 105-382 added par. (15).

1988 - Par. (13). Pub. L. 100-238, Sec. 211(1), which directed

the amendment of par. (13) by striking out ", in the case of death

in service or marriage after retirement," was executed by striking

out ", in the case of a death in service or marriage after

retirement," after "annuitant who", as the probable intent of

Congress.

Pub. L. 100-238, Sec. 211(2), (3), substituted "9 months" for

"one year" and inserted before semicolon at end ", except that the

requirement for at least 9 months of marriage shall be deemed

satisfied in any case in which the participant or annuitant dies

within the applicable 9-month period, if -

"(A) the death of such participant or annuitant was accidental;

"(B) the surviving spouse of such individual had been

previously married to the individual and subsequently divorced

and the aggregate time married is at least 9 months".

1986 - Pub. L. 99-335, Sec. 402(a)(2), substituted "part" for

"subchapter" in provision preceding par. (1).

Par. (3). Pub. L. 99-335, Sec. 403, substituted ", the District

of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern

Mariana Islands, or the Virgin Islands, and any Indian court as

defined in section 1301(3) of title 25" for "or of the District of

Columbia".

Par. (10). Pub. L. 99-335, Sec. 404(a), inserted "(creditable

under part I or II of this subchapter)" after "creditable service"

in two places.

Par. (14). Pub. L. 99-335, Sec. 402(a)(3), inserted "under this

part" after "payable from the Fund" in provision preceding subpar.

(A).

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-382, Sec. 4, Nov. 13, 1998, 112 Stat. 3409, as

amended by Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec.

145(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A-250, provided that:

"(a) In General. - Except as provided in subsection (b), this Act

[amending this section and sections 4045, 4046, 4052, 4071a, and

4071d of this title and enacting provisions set out as a note under

section 3901 of this title] and the amendments made by this Act -

"(1) shall take effect on the date of the enactment of this Act

[Nov. 13, 1998]; and

"(2) shall apply with respect to -

"(A) any individual first appointed on or after that date as

a special agent who will have any portion of such individual's

annuity computed in conformance with section 806(a)(6) of the

Foreign Service Act [of 1980] [22 U.S.C. 4046(a)(6)]; and

"(B) any individual making an election under subsection (b),

subject to the provisions of such subsection.

"(b) Election for Current Participants. -

"(1) Eligibility. - An election under this subsection may be

made by any currently employed participant or participant who was

serving as of January 1, 1997 under chapter 8 of the Foreign

Service Act of 1980 [22 U.S.C. 4041 et seq.] who is serving or

has served as a special agent, or by a survivor of a special

agent who was eligible to make an election under this section.

"(2) Effect of an election. -

"(A) In general. - If an individual makes an election under

this subsection, the amendments made by this Act [amending this

section and sections 4045, 4046, 4052, 4071a, and 4071d of this

title] shall become applicable with respect to such individual,

subject to subparagraph (B).

"(B) Treatment of prior service. -

"(i) Special contribution. - An individual may, after

making the election under this subsection, make a special

contribution up to the full amount of the difference between

the contributions actually deducted from pay for prior

service and the deductions that would have been required if

the amendments made by this Act had then been in effect. Any

special contributions under this clause shall be computed

under regulations based on section 805(d) of the Foreign

Service Act of 1980 [22 U.S.C. 4045(d)] (as amended by

section 2), including provisions relating to the computation

of interest.

"(ii) Actuarial reduction. -

"(I) Rule if the special contribution is paid. - If the full

amount of the special contribution under clause (i) is paid,

no reduction under this clause shall apply.

"(II) Rule if less than the entire amount is paid. - If no

special contribution under clause (i) is paid, or if less

than the entire amount of such special contribution is paid,

the recomputed annuity shall be reduced by an amount

sufficient to make up the actuarial present value of the

shortfall.

"(c) Regulations and Notice. - Not later than 6 months after the

date of the enactment of this Act [Nov. 13, 1998], the Secretary of

State -

"(1) shall promulgate such regulations as may be necessary to

carry out this Act; and

"(2) shall take measures reasonably designed to provide notice

to participants as to any rights they might have under this Act.

"(d) Election Deadline. - An election under subsection (b) must

be made not later than 90 days after the date on which the relevant

notice under subsection (c)(2) is provided.

"(e) Definition. - For purposes of this section, the term

'special agent' has the meaning given such term under section

804(15) of the Foreign Service Act of 1980 (22 U.S.C. 4044(15)), as

amended by section 2(a)."

[Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 145(b)],

Dec. 21, 2000, 114 Stat. 2763, 2763A-250, provided that: "The

amendment made by this section [amending section 4 of Pub. L.

105-382, set out above] shall take effect on January 1, 2001."]

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-238 effective 90 days after Jan. 8,

1988, see section 261(a) of Pub. L. 100-238, set out as a note

under section 4054 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section

702(a) of Pub. L. 99-335, set out as an Effective Date note under

section 8401 of Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4046, 4055, 4057, 4060,

4071a, 4159 of this title.

-End-

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22 USC Sec. 4045 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

Part I - Foreign Service Retirement and Disability System

-HEAD-

Sec. 4045. Contributions to Fund

-STATUTE-

(a) Rates and sources; deposits in Fund

(1) Except as otherwise provided in this section, 7.25 percent of

the basic salary received by each participant shall be deducted

from the salary and contributed to the Fund for the payment of

annuities, cash benefits, refunds, and allowances. The contribution

by the employing agency shall be a percentage of basic salary equal

to the percentage in effect under section 7001(d)(1) of the

Balanced Budget Act of 1997 (Public Law 105-33; 22 U.S.C. 4045

note), and section 505(h) of the Department of Transportation and

Related Agencies Appropriations Act, 2001 (as enacted by Public Law

106-346; 114 Stat. 1356A-54), plus .25 percent of basic salary, and

shall be made from the appropriations or fund used for payment of

the salary of the participant. The employing agency shall deposit

in the Fund the amounts deducted and withheld from basic salary and

the amounts contributed by the employing agency.

(2) Notwithstanding the percentage limitation contained in

paragraph (1) of this subsection -

(A) the employing agency shall deduct and withhold from the

basic pay of a Foreign Service criminal investigator/inspector of

the Office of the Inspector General, Agency for International

Development, who is qualified to have his annuity computed in the

same manner as that of a law enforcement officer pursuant to

section 8339(d) of title 5, an amount equal to that to be

withheld from a law enforcement officer pursuant to section

8334(a)(1) of title 5, plus an amount equal to .25 percent of

basic pay. The amounts so deducted shall be contributed to the

Fund for the payment of annuities, cash benefits, refunds, and

allowances. An equal amount shall be contributed by the employing

agency from the appropriations or fund used for payment of the

salary of the participant. The employing agency shall deposit in

the Fund the amount deducted and withheld from basic salary and

amounts contributed by the employing agency.

(B) The employing agency shall deduct and withhold from the

basic pay of a Foreign Service criminal investigator/inspector of

the Office of the Inspector General, Agency for International

Development, who is qualified to have his annuity computed

pursuant to section 8415(d) of title 5, an amount equal to that

to be withheld from a law enforcement officer pursuant to section

8422(a)(2)(B) (!1) of title 5, plus an amount equal to .25

percent of basic pay. The amounts so deducted shall be

contributed to the Fund for the payment of annuities, cash

benefits, refunds, and allowances. An equal amount shall be

contributed by the employing agency from the appropriations or

fund used for payment of the salary of the participant. The

employing agency shall deposit in the Fund the amounts deducted

and withheld from basic salary and amounts contributed by the

employing agency.

(3) For service as a special agent, paragraph (1) shall be

applied by substituting for "7 percent" the percentage that applies

to law enforcement officers under section 8334(a)(1) of title 5,

plus .25 percent.

(b) Consent to deduction; discharge and acquittance of claims and

demands

Each participant shall be deemed to consent and agree to such

deductions from basic salary. Payment less such deductions shall be

a full and complete discharge and acquittance of all claims and

demands whatsoever for all regular services during the period

covered by such payment, except the right to the benefits to which

the participant shall be entitled under this chapter,

notwithstanding any law, rule, or regulation affecting the salary

of the individual.

(1) If a member of the Service who is under another retirement

system for Government employees becomes a participant in the System

by direct transfer, the total contributions and deposits of that

member that would otherwise be refundable on separation (except

voluntary contributions), including interest thereon, shall be

transferred to the Fund effective as of the date such member

becomes a participant in the System. Each such member shall be

deemed to consent to the transfer of such funds, and such transfer

shall be a complete discharge and acquittance of all claims and

demands against the other Government retirement fund on account of

service rendered by such member prior to becoming a participant in

the System.

(2) A member of the Service whose contributions are transferred

to the Fund pursuant to paragraph (1) shall not be required to make

additional contributions for periods of service for which required

contributions were made to the other Government retirement fund;

nor shall any refund be made to any such member on account of

contributions made during any period to the other Government

retirement fund at a higher rate than that fixed by subsection (d)

of this section.

(d) Contribution for civilian service; creditability of interim

service

(1) Any participant credited with civilian service after July 1,

1924 -

(A) for which no retirement contributions, deductions, or

deposits have been made, or

(B) for which a refund of such contributions, deductions, or

deposits has been made which has not been redeposited,

may make a special contribution to the Fund. Special contributions

for purposes of subparagraph (A) shall equal the following

percentages of basic salary received for such service:

Percent of

basic salary

--------------------------------------------------------------------

Time of service:

July 1, 1924, through October 15, 1960, inclusive 5

October 16, 1960, through December 31, 1969, 6 1/2

inclusive

January 1, 1970, through December 31, 1998, 7

inclusive

January 1, 1999, through December 31, 1999, 7.25

inclusive

January 1, 2000, through December 31, 2000, 7.4

inclusive

After December 31, 2000 7

--------------------------------------------------------------------

Special contributions for refunds under subparagraph (B) shall

equal the amount of the refund received by the participant.

(2) Notwithstanding paragraph (1), a special contribution for

prior nondeposit service as a National Guard technician which would

be creditable toward retirement under subchapter III of chapter 83

of title 5, and for which a special contribution has not been made,

shall be equal to the special contribution for such service

computed in accordance with the schedule in paragraph (1)

multiplied by the percentage of such service that is creditable

under section 4056 of this title.

(3) Special contributions under this subsection shall include

interest computed from the midpoint of each service period included

in the computation, or from the date refund was paid, to the date

of payment of the special contribution or commencing date of

annuity, whichever is earlier. (!2) Interest shall be compounded at

the annual rate of 4 percent to December 31, 1976, and 3 percent

thereafter. No interest shall be charged on special contributions

for any period of separation from Government service which began

before October 1, 1956. Special contributions may be paid in

installments (including by allotment of pay) when authorized by the

Secretary of State.

(4) Notwithstanding the preceding provisions of this subsection

and any provision of section 206(b)(3) of the Federal Employees'

Retirement Contribution Temporary Adjustment Act of 1983, the

percentage of basic pay required under this subsection in the case

of a participant described in section 4071b(c) of this title shall,

with respect to any covered service (as defined by section

203(a)(3) of such Act) performed by such individual after December

31, 1983, and before January 1, 1987, be equal to 1.3 percent.

(5) Notwithstanding paragraph (1), a special contribution for

past service as a Foreign Service criminal investigator/inspector

of the Office of the Inspector General, Agency for International

Development which would have been creditable toward retirement

under either section 8336(c) or 8412(d) of title 5, and for which a

special contribution has not been made shall be equal to the

difference between the amount actually contributed pursuant to

either this section or section 4071e of this title and the amount

that should have been contributed pursuant to either section 8334

or 8422 of title 5.

(6) Subject to paragraph (4) and subsection (h) of this section,

for purposes of applying this subsection with respect to prior

service as a special agent, the percentages of basic pay set forth

in section 8334(c) of title 5, with respect to a law enforcement

officer, shall apply instead of the percentages set forth in

paragraph (1).

(e) Contribution for military or naval service

(1) Subject to paragraph (5), each participant who has performed

military or naval service before the date of separation on which

the entitlement to any annuity under this part is based may pay to

the Secretary a special contribution equal to 7 percent of the

amount of the basic pay paid under section 204 of title 37, to the

participant for each period of military or naval service after

December 1956. The amount of such payments shall be based on such

evidence of basic pay for military service as the participant may

provide or if the Secretary determines sufficient evidence has not

been so provided to adequately determine basic pay for military or

naval service, such payment shall be based upon estimates of such

basic pay provided to the Department under paragraph (4).

(2) Any deposit made under paragraph (1) of this subsection more

than two years after the later of -

(A) October 17, 1983, or

(B) the date on which the participant making the deposit first

became a participant in a Federal staff retirement system for

civilian employees, -

shall include interest on such amount computed and compounded

annually beginning on the date of the expiration of the two-year

period. The interest rate that is applicable in computing interest

in any year under this paragraph shall be equal to the interest

rate that is applicable for such year under subsection (d) of this

section.

(3) Any payment received by the Secretary under this section

shall be remitted to the Fund.

(4) The Secretary of Defense, the Secretary of Transportation,

the Secretary of Commerce, or the Secretary of Health and Human

Services, as appropriate, shall furnish such information to the

Secretary as the Secretary may determine to be necessary for the

administration of this subsection.

(5) Effective with respect to any period of military or naval

service after December 31, 1998, the percentage of basic pay under

section 204 of title 37 payable under paragraph (1) shall be equal

to the same percentage as would be applicable under section 8334(c)

of title 5 for that same period for service as an employee.

(f) Exemption for certain military or naval service

Contributions shall only be required to obtain credit for periods

of military or naval service to the extent provided under

subsection (e) of this section and section 4056(a) of this title,

except that credit shall be allowed in the absence of contributions

to individuals of Japanese ancestry under section 4056 of this

title for periods of internment during World War II.

(g) Time of payment; offset against initial annuity accruals

A participant or survivor may make a special contribution at any

time before receipt of annuity and may authorize payment by offset

against initial annuity accruals.

(h) Computation of contributions for participants with certain

creditable civilian service

Effective with respect to pay periods beginning after December

31, 1986, in administering this section with respect to a

participant described in section 4071b(c) of this title whose

service is employment for the purposes of title II of the Social

Security Act [42 U.S.C. 401 et seq.] and chapter 21 of title 26,

contributions to the Fund and interest thereon shall be computed as

if section 8334(k) of title 5 were applicable.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 805, Oct. 17, 1980, 94 Stat. 2104;

Ex. Ord. No. 12446, Sec. 4(a), Oct. 17, 1983, 48 F.R. 48444; Pub.

L. 99-335, title IV, Secs. 402(a)(2), 405, June 6, 1986, 100 Stat.

609, 610; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095;

Pub. L. 100-238, title II, Sec. 212, Jan. 8, 1988, 101 Stat. 1773;

Pub. L. 102-499, Sec. 4(a), (b), Oct. 24, 1992, 106 Stat. 3265;

Pub. L. 105-33, title VII, Sec. 7001(d)(2)(C), (D), Aug. 5, 1997,

111 Stat. 660, 661; Pub. L. 105-382, Sec. 2(b), (c), Nov. 13, 1998,

112 Stat. 3407; Pub. L. 106-346, Sec. 101(a) [title V, Sec.

505(d)(2)], Oct. 23, 2000, 114 Stat. 1356, 1356A-53; Pub. L.

107-228, div. A, title III, Sec. 322(a)(2), Sept. 30, 2002, 116

Stat. 1384.)

-STATAMEND-

AMENDMENT OF SECTION

Section 1(a) and (c) of Ex. Ord. No. 12446, Oct. 17, 1983, 48

F.R. 48443, set out as a note under section 4067 of this title,

provided that the second sentence of subsec. (d)(3) of this

section, applicable (i) to contributions for civilian service

performed on or after the first day of Nov. 1983, (ii) to

contributions for prior refunds to participants for which

application is received by the employing agency on and after such

first day of Nov. 1983, and (iii) to excess contributions under

section 4055(h) of this title and voluntary contributions under

section 4065(a) of this title from the first day of Nov. 1983, is

deemed to be amended to provide that interest shall be compounded

at the annual rate of 3 percent per annum through December 31,

1984, and thereafter at a rate equal to the overall average yield

to the Fund during the preceding fiscal year from all obligations

purchased by the Secretary of the Treasury during such fiscal year

under section 4059 of this title, as determined by the Secretary of

the Treasury.

-REFTEXT-

REFERENCES IN TEXT

Section 505(h) of the Department of Transportation and Related

Agencies Appropriations Act, 2001, referred to in subsec. (a)(1),

is section 101(a) [title V, Sec. 505(h)] of Pub. L. 106-346, which

is set out as a note below.

Section 8422(a)(2) of title 5, referred to in subsec. (a)(2)(B),

was amended by Pub. L. 105-33, title VII, Sec. 7001(b)(1)(A), Aug.

5, 1997, 111 Stat. 657, by striking out par. (2) and adding a new

par. (2). As so amended, section 8422(a)(2)(B) of Title 5,

Government Organization and Employees, no longer specifies the

amount to be withheld from the basic pay of a law enforcement

officer. However, provisions relating to the amount to be withheld

from the basic pay of a law enforcement officer are contained

elsewhere in section 8422.

Sections 206(b)(3) and 203(a)(3) of the Federal Employees'

Retirement Contribution Temporary Adjustment Act of 1983, referred

to in subsec. (d)(4), are set out as a note under section 8331 of

Title 5, Government Organization and Employees.

The Social Security Act, referred to in subsec. (h), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social

Security Act is classified generally to subchapter II (Sec. 401 et

seq.) of chapter 7 of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see section 1305

of Title 42 and Tables.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-228, Sec. 322(a)(2)(C), which

directed amendment of par. (1) by substituting "employing agency"

for "Department" wherever appearing, was executed by making the

substitution in two places in the last sentence but not in the

second sentence where "Department" appears before "of

Transportation and Related Agencies Appropriations Act, 2001", to

reflect the probable intent of Congress.

Pub. L. 107-228, Sec. 322(a)(2)(A), substituted "7.25 percent"

for "7 percent" and "The contribution by the employing agency shall

be a percentage of basic salary equal to the percentage in effect

under section 7001(d)(1) of the Balanced Budget Act of 1997 (Public

Law 105-33; 22 U.S.C. 4045 note), and section 505(h) of the

Department of Transportation and Related Agencies Appropriations

Act, 2001 (as enacted by Public Law 106-346; 114 Stat. 1356A-54),

plus .25 percent of basic salary, and shall be made" for "An equal

amount shall be contributed by the Department".

Subsec. (a)(2)(A), (B). Pub. L. 107-228, Sec. 322(a)(2)(C),

substituted "employing agency" for "Department" wherever appearing.

Pub. L. 107-228, Sec. 322(a)(2)(B), which directed amendment of

subpars. (A) and (B) by inserting ", plus an amount equal to .25

percent of basic pay" at end of first sentence, was executed by

making the insertion before the period at end of first sentence to

reflect the probable intent of Congress.

Subsec. (a)(3). Pub. L. 107-228, Sec. 322(a)(2)(D), which

directed amendment of par. (3) by inserting ", plus .25 percent" at

the end of the first sentence, was executed by making the insertion

before the period at end of first sentence, to reflect the probable

intent of Congress.

2000 - Subsec. (d)(1). Pub. L. 106-346, in table in concluding

provisions, substituted item relating to service period after

December 31, 2000, for items relating to service periods January 1,

2001, through December 31, 2002; and after December 31, 2002.

1998 - Subsec. (a)(1). Pub. L. 105-382, Sec. 2(b)(2), substituted

"Except as otherwise provided in this section," for "Except as

provided in subsection (h) of this section,".

Subsec. (a)(3). Pub. L. 105-382, Sec. 2(b)(1), added par. (3).

Subsec. (d)(6). Pub. L. 105-382, Sec. 2(c), added par. (6).

1997 - Subsec. (d)(1). Pub. L. 105-33, Sec. 7001(d)(2)(C), in

table in concluding provisions, inserted items relating to service

periods January 1, 1970, through December 31, 1998; January 1,

1999, through December 31, 1999; January 1, 2000, through December

31, 2000; January 1, 2001, through December 31, 2002; and after

December 31, 2002, and struck out former item relating to service

period on and after January 1, 1970.

Subsec. (e)(1). Pub. L. 105-33, Sec. 7001(d)(2)(D)(i),

substituted "Subject to paragraph (5), each" for "Each".

Subsec. (e)(5). Pub. L. 105-33, Sec. 7001(d)(2)(D)(ii), added

par. (5).

1992 - Subsec. (a). Pub. L. 102-499, Sec. 4(a), designated

existing provisions as par. (1) and added par. (2).

Subsec. (d)(5). Pub. L. 102-499, Sec. 4(b), added par. (5).

1988 - Subsec. (d)(1). Pub. L. 100-238, in concluding provisions,

substituted "Fund. Special contributions for purposes of

subparagraph (A) shall equal" for "Fund equal to" and inserted

"Special contributions for refunds under subparagraph (B) shall

equal the amount of the refund received by the participant."

1986 - Subsec. (a). Pub. L. 99-335, Sec. 405(a)(1), inserted

"Except as provided in subsection (h) of this section," before "7

percent".

Subsec. (d)(4). Pub. L. 99-335, Sec. 405(b), added par. (4).

Subsec. (e)(1). Pub. L. 99-335, Sec. 402(a)(2), substituted

"part" for "subchapter".

Subsec. (h). Pub. L. 99-514 substituted "Internal Revenue Code of

1986" for "Internal Revenue Code of 1954", which for purposes of

codification was translated as "title 26" thus requiring no change

in text.

Pub. L. 99-335, Sec. 405(a)(2), added subsec. (h).

1983 - Subsecs. (e) to (g). Ex. Ord. No. 12446 added subsecs. (e)

and (f), struck out former subsec. (e), and redesignated former

subsec. (f) as (g). Prior to amendment, subsec. (e) read as

follows: "Contributions shall not be required for any period of

military and naval service or for any period for which credit is

allowed to individuals of Japanese ancestry under section 4056 of

this title for periods of internment during World War II."

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-228, div. A, title III, Sec. 322(c)(2), Sept. 30,

2002, 116 Stat. 1385, provided that: "The amendments made by

subsections (a)(2) [amending this section] and (b)(2) [amending

section 4071e of this title] shall take effect with the first pay

period beginning on or after the date that is 90 days after the

date of enactment of this Act [Sept. 30, 2002]."

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-346 effective upon the close of calendar

year 2000 and applicable thereafter, see section 101(a) [title V,

Sec. 505(i)] of Pub. L. 106-346, set out as a note under section

8334 of Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-382 effective Nov. 13, 1998, with

provisions relating to applicability with respect to certain

individuals, see section 4 of Pub. L. 105-382, as amended, set out

as a note under section 4044 of this title.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-33 effective Oct. 1, 1997, see section

7001(f) of Pub. L. 105-33, set out as a note under section 8334 of

Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-238 effective 90 days after Jan. 8,

1988, see section 261(a) of Pub. L. 100-238, set out as a note

under section 4054 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section

702(a) of Pub. L. 99-335, set out as an Effective Date note under

section 8401 of Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Ex. Ord. No. 12446 effective Oct. 17, 1983, see

section 4(e) of Ex. Ord. No. 12446, set out under section 4067 of

this title.

FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM CONTRIBUTIONS,

DEDUCTIONS, AND WITHHOLDINGS

Pub. L. 106-346, Sec. 101(a) [title V, Sec. 505(h)], Oct. 23,

2000, 114 Stat. 1356, 1356A-54, provided that: "Notwithstanding any

provision of section 805(a) of the Foreign Service Act of 1980 (22

U.S.C. 4045(a)), during the period beginning on October 1, 2002,

through December 31, 2002, each agency employing a participant in

the Foreign Service Retirement and Disability System shall

contribute to the Foreign Service Retirement and Disability Fund -

"(1) 7.5 percent of the basic pay of each participant covered

under section 805(a)(1) of such Act participating in the Foreign

Service Retirement and Disability System; and

"(2) 8 percent of the basic pay of each participant covered

under paragraph (2) or (3) of section 805(a) of such Act

participating in the Foreign Service Retirement and Disability

System,

in lieu of the agency contribution otherwise required under section

805(a) of such Act."

Section 7001(d)(1)-(2)(B) of Pub. L. 105-33, as amended by Pub.

L. 106-346, Sec. 101(a) [title V, Sec. 505(d)(1)], Oct. 23, 2000,

114 Stat. 1356, 1356A-53, provided that:

"(1) Agency contributions. - Notwithstanding section 805(a)(1)

and (2) of the Foreign Service Act of 1980 (22 U.S.C. 4045(a)(1)

and (2)), during the period beginning on October 1, 1997, through

September 30, 2002, each agency employing a participant in the

Foreign Service Retirement and Disability System shall contribute

to the Foreign Service Retirement and Disability Fund -

"(A) 8.51 percent of the basic pay of each participant covered

under section 805(a)(1) of such Act participating in the Foreign

Service Retirement and Disability System; and

"(B) 9.01 percent of the basic pay of each participant covered

under section 805(a)(2) of such Act participating in the Foreign

Service Retirement and Disability System;

in lieu of the agency contribution otherwise required under section

805(a)(1) and (2) of such Act.

"(2) Individual deductions, withholdings, and deposits. -

"(A) In general. - Notwithstanding section 805(a)(1) of the

Foreign Service Act of 1980 (22 U.S.C. 4045(a)(1)), beginning on

January 1, 1999, through December 31, 2000, the amount withheld

and deducted from the basic pay of a participant in the Foreign

Service Retirement and Disability System shall be as follows:

"7.25 January 1, 1999, to December 31,

1999.

"7.4 January 1, 2000, to December 31,

2000.

--------------------------------------------------------------------

"(B) Foreign service criminal investigators/inspectors of the

office of the inspector general, agency for international

development. - Notwithstanding section 805(a)(2) of the Foreign

Service Act of 1980 (22 U.S.C. 4045(a)(2)), beginning on January

1, 1999, through December 31, 2000, the amount withheld and

deducted from the basic pay of an eligible Foreign Service

criminal investigator/inspector of the Office of the Inspector

General, Agency for International Development participating in

the Foreign Service Retirement and Disability System shall be as

follows:

"7.75 January 1, 1999, to December 31,

1999.

"7.9 January 1, 2000, to December 31,

2000."

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4043, 4046, 4051, 4055,

4056, 4061, 4062, 4063, 4071c of this title; title 5 section 5545a.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) See Amendment of Section note below.

-End-

-CITE-

22 USC Sec. 4046 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

Part I - Foreign Service Retirement and Disability System

-HEAD-

Sec. 4046. Computation of annuities

-STATUTE-

(a) (!1) Measurements; reduction for special contributions; Foreign

Service investigator/inspectors

(1) The annuity of a participant shall be equal to 2 percent of

his or her average basic salary for the highest 3 consecutive years

of service multiplied by the number of years, not exceeding 35, of

service credit obtained in accordance with sections 4056 and 4057

of this title, except that the highest 3 years of service shall be

used in computing the annuity of any participant who serves an

assignment in a position, as described in section 3942(b) of this

title, to which the participant was appointed by the President and

whose continuity of service in that position is interrupted prior

to retirement by appointment or assignment to any other position

determined by the Secretary of State to be of comparable

importance. In determining the aggregate period of service upon

which the annuity is to be based, the fractional part of a month,

if any, shall not be counted. The annuity shall be reduced by 10

percent of any special contribution described in section 4045(d) of

this title which is due for service for which no contributions were

made and which remains unpaid unless the participant elects to

eliminate the service involved for purposes of annuity computation.

(2) Notwithstanding the percentage limitation contained in

paragraph (1) of this subsection -

(A) utilizing the definition of average pay contained in

section 8331(4) of title 5, the annuity of a Foreign Service

criminal investigator/inspector of the Office of the Inspector

General, Agency for International Development, who was appointed

to a law enforcement position, as defined in section 8331(20) of

title 5, prior to January 1, 1984, and would have been eligible

to retire pursuant to section 8336(c) of that title, after

attaining 50 years of age and completing 20 years as a law

enforcement officer had the employee remained in the civil

service shall be computed in the same manner as that of a law

enforcement officer pursuant to section 8339(d) of that title,

except as provided in paragraph (3); and

(B) the annuity of a Foreign Service criminal

investigator/inspector of such office, who was appointed to a law

enforcement position as defined in section 8401(17) of that title

on or after January 1, 1984, and who would have been eligible to

retire pursuant to section 8412(d) of that title, after attaining

50 years of age and completing 20 years of service as such a law

enforcement officer, had the employee remained in the civil

service, shall be computed in the same manner as that of a law

enforcement officer pursuant to section 8415(d) of that title.

(3) The annuity of a Foreign Service investigator/inspector of

the Office of the Inspector General, Agency for International

Development, appointed to a law enforcement position prior to

January 1, 1984, who exercised election rights under section 4071i

of this title, shall be computed as follows: for the period prior

to election the annuity shall be computed in accordance with

section 8339(d) of title 5; for the period following election the

annuity shall be computed in accordance with section 8415(d) of

that title.

(4) All service in a law enforcement position, as defined in

section 8331(20) or 8401(17) of that title, as applicable, in any

agency or combination of agencies shall be included in the

computation of time for purposes of this paragraph.

(5) The annuity of a Foreign Service criminal

investigator/inspector of the Office of the Inspector General of

the Agency for International Development who has not completed 20

years of service as a law enforcement officer, as defined in

section 8331(20) or 8401(17) of that title, shall be computed in

accordance with paragraph (1).

(6)(A) The annuity of a special agent under this part shall be

computed under paragraph (1) except that, in the case of a special

agent described in subparagraph (B), paragraph (1) shall be applied

by substituting for "2 percent" -

(i) the percentage under subparagraph (A) of section 8339(d)(1)

of title 5 for so much of the participant's total service as is

specified thereunder; and

(ii) the percentage under subparagraph (B) of section

8339(d)(1) of title 5 for so much of the participant's total

service as is specified thereunder.

(B) A special agent described in this subparagraph is any such

agent or former agent who -

(i)(I) retires voluntarily or involuntarily under section 4007,

4008, 4010a, 4051, 4052, or 4053 of this title, under conditions

authorizing an immediate annuity, other than for cause on charges

of misconduct or delinquency, or retires for disability under

section 4048 of this title; and

(II) at the time of retirement -

(aa) if voluntary, is at least 50 years of age and has

completed at least 20 years of service as a special agent; or

(bb) if involuntary or disability, has completed at least 20

years of service as a special agent; or

(ii) dies in service after completing at least 20 years of

service as a special agent, when an annuity is payable under

section 4049 of this title.

service performed by an individual as a special agent shall be any

service performed by such individual as a law enforcement officer

(within the meaning of section 8331(20) or section 8401(17) of

title 5), or a member of the Capitol Police.

(7) In the case of a special agent who becomes or became subject

to part II of this subchapter -

(A) for purposes of paragraph (6)(B), any service performed by

the individual as a special agent (whether under this part or

under part II of this subchapter), as a law enforcement officer

(within the meaning of section 8331(20) or section 8401(17) of

title 5), or as a member of the Capitol Police shall be

creditable; and

(B) if the individual satisfies paragraph (6)(B), the portion

of such individual's annuity which is attributable to service

under the Foreign Service Retirement and Disability System or the

Civil Service Retirement System shall be computed in conformance

with paragraph (6).

(8) For purposes of paragraphs (2), (3), (4), and (6) of this

subsection, the term "basic pay" includes pay as provided in

accordance with section 3972 of this title or section 5545(c)(2) of

title 5.

(9) For purposes of any annuity computation under this

subsection, the basic salary or basic pay of any member of the

Service whose official duty station is outside the continental

United States shall be considered to be the salary or pay that

would have been paid to the member had the member's official duty

station been Washington, D.C., including locality-based

comparability payments under section 5304 of title 5 that would

have been payable to the member if the member's official duty

station had been Washington, D.C.

(b) Married participants

(1)(A) Except to the extent provided otherwise under a written

election under subparagraph (B) or (C), if at the time of

retirement a participant or former participant is married (or has a

former spouse who has not remarried before attaining age 60), the

participant shall receive a reduced annuity and provide a survivor

annuity for his or her spouse under this subsection or former

spouse under section 4054(b) of this title, or a combination of

such annuities, as the case may be.

(B) At the time of retirement, a married participant or former

participant and his or her spouse may jointly elect in writing to

waive a survivor annuity for that spouse under this section (or

under section 4054(b) of this title if the spouse later qualifies

as a former spouse under section 4044(6) of this title), or to

reduce such survivor annuity under this section (or section 4054(b)

of this title) by designating a portion of the annuity of the

participant as the base for the survivor benefit. In the event the

marriage is dissolved following an election for such a reduced

annuity and the spouse qualifies as a former spouse, the base used

in calculating any annuity of the former spouse under section

4054(b) of this title may not exceed the portion of the

participant's annuity designated under this subparagraph.

the participant and such former spouse may jointly elect by spousal

agreement under section 4060(b)(1) of this title to waive a

survivor annuity under section 4054(b) of this title for that

former spouse if the election is made (i) before the end of the

24-month period after the divorce or annulment involving that

former spouse becomes final or (ii) at the time of retirement,

whichever occurs first.

(D) The Secretary of State may prescribe regulations under which

a participant or former participant may make an election under

subparagraph (B) or (C) without the participant's spouse or former

spouse if the participant establishes to the satisfaction of the

Secretary of State that the participant does not know, and has

taken all reasonable steps to determine, the whereabouts of the

spouse or former spouse.

(2) The annuity of a participant or former participant providing

a survivor benefit under this section (or section 4054(b) of this

title), excluding any portion of the annuity not designated or

committed as a base for any survivor annuity, shall be reduced by 2

1/2 percent of the first $3,600 plus 10 percent of any amount over

$3,600. The reduction under this paragraph shall be calculated

before any reduction under section 4054(a)(5) of this title.

(3)(A) If a former participant entitled to receive a reduced

annuity under this subsection dies and is survived by a spouse, a

survivor annuity shall be paid to the surviving spouse equal to 55

percent of the full amount of the participant's annuity computed

under subsection (a) of this section, or 55 percent of any lesser

amount elected as the base for the survivor benefit under paragraph

(1)(B).

(B) Notwithstanding subparagraph (A), the amount of the annuity

calculated under subparagraph (A) for a surviving spouse in any

case in which there is also a surviving former spouse of the

participant who qualifies for an annuity under section 4054(b) of

this title may not exceed 55 percent of the portion (if any) of the

base for survivor benefits which remains available under section

4054(b)(4)(B) of this title.

surviving spouse under this paragraph shall commence on the day

after the participant dies and shall terminate on the last day of

the month before the surviving spouse's death or remarriage before

attaining age 60. If such a survivor annuity is terminated because

of remarriage, it shall be restored at the same rate commencing on

the date such remarriage is terminated if any lump sum paid upon

termination of the annuity is returned to the Fund.

(1) If an annuitant who was a participant dies and is survived by

a spouse or a former spouse who is the natural or adoptive parent

of a surviving child of the annuitant and by a child or children,

in addition to the annuity payable to the surviving spouse, there

shall be paid to or on behalf of each child an annuity equal to the

smaller of -

(A) $900, or

(B) $2,700 divided by the number of children.

(2) If an annuitant who was a participant dies and is not

survived by a spouse or a former spouse who is the natural or

adoptive parent of a surviving child of the annuitant but by a

child or children, each surviving child shall be paid an annuity

equal to the smaller of -

(A) $1,080, or

(B) $3,240 divided by the number of children.

(3) The amounts specified in this subsection are subject to -

(A) cost-of-living adjustments as specified under section

4066(c)(3) of this title, and

(B) the minimum specified in subsection (l)(2) of this section.

(d) Recomputation for remaining children

On the death of the surviving spouse or former spouse or

termination of the annuity of a child, the annuity of any other

child or children shall be recomputed and paid as though the

spouse, former spouse, or child had not survived the participant.

If the annuity to a surviving child who has not been receiving an

annuity is initiated or resumed, the annuities of any other

children shall be recomputed and paid from that date as though the

annuities to all currently eligible children in the family were

then being initiated.

(e) Payment period for child

The annuity payable to a child under subsection (c) or (d) of

this section shall begin on the day after the participant dies, or

if the child is not then qualified, on the first day of the month

in which the child becomes eligible. The annuity of a child shall

terminate on the last day of the month which precedes the month in

which eligibility ceases.

(f) Unmarried participants

At the time of retirement an unmarried participant who does not

have a former spouse for whose benefit a reduction is made under

subsection (b) of this section may elect to receive a reduced

annuity and to provide for an annuity equal to 55 percent of the

reduced annuity payable after his or her death to a beneficiary

whose name is designated in writing to the Secretary of State. The

annuity payable to a participant making such election shall be

reduced by 10 percent of an annuity computed under subsection (a)

of this section and by 5 percent of an annuity so computed for each

full 5 years the designated beneficiary is younger than the

retiring participant, but such total reduction shall not exceed 40

percent. No such election of a reduced annuity payable to a

beneficiary shall be valid until the participant has satisfactorily

passed a physical examination as prescribed by the Secretary of

State. The annuity payable to a beneficiary under this subsection

shall begin on the day after the annuitant dies and shall terminate

on the last day of the month preceding the death of the

beneficiary. An annuity which is reduced under this subsection (or

any similar prior provision of law) shall, effective the first day

of the month following the death of the beneficiary named under

this subsection, be recomputed and paid as if the annuity had not

been so reduced.

(g) Marriage after retirement

A participant or former participant who was unmarried at

retirement and who later marries may, within one year after such

marriage, irrevocably elect in writing to receive a reduced annuity

and to provide a survivor annuity for the spouse (if such spouse

qualifies as a surviving spouse under section 4044(13) of this

title). Receipt by the Secretary of State of notice of an election

under this subsection voids prospectively any election previously

made under subsection (f) of this section. The reduction in annuity

required by an election under this subsection shall be computed and

the amount of the survivor annuity shall be determined in

accordance with subsections (b)(2) and (3) of this section. The

annuity reduction or recomputation shall be effective the first day

of the month beginning one year after the date of marriage.

(h) Election of benefits

A surviving spouse or surviving former spouse of any participant

or former participant shall not become entitled to a survivor

annuity or to the restoration of a survivor annuity payable from

the Fund under this part unless the survivor elects to receive it

instead of any other survivor annuity to which he or she may be

entitled under this or any other retirement system for Government

employees on the basis of a marriage to someone other than that

participant.

(i) Reversion to retired status

(1) Any married annuitant who reverts to retired status with

entitlement to a supplemental annuity under section 4063 of this

title shall, unless the annuitant and his or her spouse jointly

elect in writing to the contrary at that time, have the

supplemental annuity reduced by 10 percent to provide a

supplemental survivor annuity for his or her spouse. Such

supplemental survivor annuity shall be equal to 55 percent of the

supplemental annuity of the annuitant and shall be payable to a

surviving spouse to whom the annuitant was married at the time of

reversion to retired status or whom the annuitant subsequently

married.

(2) The Secretary of State shall issue regulations to provide for

the application of paragraph (1) of this subsection and of section

4063 of this title in any case in which an annuitant has a former

spouse who was married to the participant at any time during a

period of recall service and who qualifies for an annuity under

this part.

(j) Recomputation upon dissolution of marriage; election after

remarriage

An annuity which is reduced under this section or any similar

prior provision of law to provide a survivor benefit for a spouse

shall, if the marriage of the participant to such spouse is

dissolved, be recomputed and paid for each full month during which

an annuitant is not married (or is remarried if there is no

election in effect under the following sentence) as if the annuity

had not been so reduced, subject to any reduction required to

provide a survivor benefit under section 4054(b) or (c) of this

title. Upon remarriage the retired participant may irrevocably

elect, by means of a signed writing received by the Secretary

within one year after such remarriage, to receive during such

marriage a reduction in annuity for the purpose of allowing an

annuity for the new spouse of the annuitant in the event such

spouse survives the annuitant. Such reduction shall be equal to the

reduction in effect immediately before the dissolution of the

previous marriage (unless such reduction is adjusted under section

4054(b)(5) of this title), and shall be effective the first day of

the first month beginning one year after the date of remarriage. A

survivor annuity elected under this subsection shall be treated in

all respects as a survivor annuity under subsection (b) of this

section.

(k) Informing of rights by Secretary

The Secretary of State shall, on an annual basis -

(1) inform each participant of his or her right of election

under subsections (g) and (j) of this section; and

(2) to the maximum extent practicable, inform spouses or former

spouses of participants or former participants of their rights

under this section and section 4054 of this title.

(g742l) Repealed. Pub. L. 100-238, title II, Sec. 217(c)(1), Jan.

8, 1988, 101 Stat. 1775

(m) Offset of Social Security benefits

The retirement, disability, or survivor annuity payable to any

person based on the service of an individual subject to section

4045(h) of this title beginning with the first day of the month for

which such person first becomes -

(1) eligible for an annuity under this part based on the

service of such individual, and

(2) entitled, or would, upon proper application, be entitled to

old age, disability, or survivor benefits under title II of the

Social Security Act [42 U.S.C. 401 et seq.], based on the service

of such individual under this part,

shall be computed as if section 8349 of title 5 were applicable.

(n) 18-month period to elect survivor annuity

(1)(A) A participant -

(i) who, at the time of retirement, is married; and

(ii) who elects at such time (in accordance with subsection (b)

of this section) to waive a survivor annuity,

may, during the 18-month period beginning on the date of the

retirement of such participant, elect to have a reduction under

subsection (b) of this section made in the annuity of the

participant (or in such portion thereof as the participant may

designate) in order to provide a survivor annuity for the spouse of

such participant.

(B) A participant -

(i) who, at the time of retirement, is married, and

(ii) who at such time designates (in accordance with subsection

(b) of this section) that a limited portion of the annuity of

such participant is to be used as the base for a survivor

annuity,

may, during the 18-month period beginning on the date of the

retirement of such participant, elect to have a greater portion of

the annuity of such participant so used.

(2)(A) An election under subparagraph (A) or (B) of paragraph (1)

of this subsection shall not be considered effective unless the

amount specified in subparagraph (B) of this paragraph is deposited

into the Fund before the expiration of the applicable 18-month

period under paragraph (1).

(B) The amount to be deposited with respect to an election under

this subsection is an amount equal to the sum of -

(i) the additional cost to the System which is associated with

providing a survivor annuity under subsection (b) of this section

and results from such election taking into account (I) the

difference (for the period between the date on which the annuity

of the former participant commences and the date of the election)

between the amount paid to such former participant under this

part and the amount which would have been paid if such election

had been made at the time the participant or former participant

applied for the annuity, and (II) the costs associated with

providing the later election; and

(ii) interest on the additional cost determined under clause

(i)(I) of this subparagraph computed using the interest rate

specified or determined under section 4045(d)(3) of this title

for the calendar year in which the amount to be deposited is

determined.

(3) An election by a participant under this subsection voids

prospectively any election previously made in the case of such

participant under subsection (b) of this section.

(4) An annuity which is reduced in connection with an election

under this subsection shall be reduced by the same percentage

reductions as were in effect at the time of the retirement of the

participant whose annuity is so reduced.

(5) Rights and obligations resulting from the election of a

reduced annuity under this subsection shall be the same as the

rights and obligations which would have resulted had the

participant involved elected such annuity at the time of retiring.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 806, Oct. 17, 1980, 94 Stat. 2106;

Pub. L. 99-335, title IV, Secs. 402(a)(2), (3), 406, 407, June 6,

1986, 100 Stat. 609-611; Pub. L. 99-556, title IV, Sec. 402, Oct.

27, 1986, 100 Stat. 3136; Pub. L. 100-238, title II, Secs. 213,

214(a), 217(c)(1), Jan. 8, 1988, 101 Stat. 1774, 1775; Pub. L.

101-513, title V, Sec. 587(a), Nov. 5, 1990, 104 Stat. 2055; Pub.

L. 102-499, Sec. 4(d), Oct. 24, 1992, 106 Stat. 3266; Pub. L.

105-382, Sec. 2(d)(1)-(3)(A), Nov. 13, 1998, 112 Stat. 3407, 3408;

Pub. L. 107-228, div. A, title III, Sec. 322(a)(1), Sept. 30, 2002,

116 Stat. 1383.)

-STATAMEND-

AMENDMENT OF SECTION

Section 1(b) and (c) of Ex. Ord. No. 12446, Oct. 17, 1983, 48

F.R. 48443, set out as a note under section 4067 of this title,

provided that subsection (a) of this section, applicable (i) to

contributions for civilian service performed on or after the first

day of Nov. 1983, (ii) to contributions for prior refunds to

participants for which application is received by the employing

agency on and after such first day of Nov. 1983, and (iii) to

excess contributions under section 4055(h) of this title and

voluntary contributions under section 4065(a) of this title from

the first day of Nov. 1983, is deemed to be amended to exclude from

the computation of creditable civilian service under section

4056(a) of this title any period of civilian service for which

retirement deductions or contributions have not been made under

section 4045(d) of this title unless -

(1) the participant makes a contribution for such period as

provided in such section 4045(d) of this title; or

(2) no contribution is required for such service as provided

under section 4045(f) of this title as deemed to be amended by this

Order, or under any other statute.

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (m)(2), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the

Social Security Act is classified generally to subchapter II (Sec.

401 et seq.) of chapter 7 of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

section 1305 of Title 42 and Tables.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(9). Pub. L. 107-228 added par. (9).

1998 - Subsec. (a)(6). Pub. L. 105-382, Sec. 2(d)(1), added par.

(6). Former par. (6) redesignated (7).

Subsec. (a)(7). Pub. L. 105-382, Sec. 2(d)(2)(B), added par. (7).

Former par. (7) redesignated (8).

Subsec. (a)(8). Pub. L. 105-382, Sec. 2(d)(2)(A), (3)(A),

redesignated par. (7) as (8) and substituted "(4), and (6)" for

"and (4)".

1992 - Subsec. (a)(6). Pub. L. 102-499 substituted "section

5545(c)(2)" for "section 5545(a)(2)".

1990 - Subsec. (a). Pub. L. 101-513 designated existing

provisions as par. (1) and added pars. (2) to (6).

1988 - Subsec. (b)(1)(C). Pub. L. 100-238, Sec. 213(a),

substituted "24-month" for "12-month".

Subsec. (c)(1), (2). Pub. L. 100-238, Sec. 214(a)(1), inserted

"or a former spouse who is the natural or adoptive parent of a

surviving child of the annuitant" after "survived by a spouse".

Subsec. (d). Pub. L. 100-238, Sec. 214(a)(2), amended first

sentence generally. Prior to amendment, first sentence read as

follows: "If a surviving spouse dies or the annuity of a child is

terminated, the annuities of any remaining children shall be

recomputed and paid as though such spouse or child had not survived

the participant."

Subsec. (i)(2). Pub. L. 100-238, Sec. 213(b), substituted "this

part" for "section 4054(b) of this title".

Subsec. (l). Pub. L. 100-238, Sec. 217(c)(1), struck out subsec.

(l) which set minimum rates for annuities paid under this part.

1986 - Subsecs. (b)(3)(C), (h). Pub. L. 99-335, Sec. 402(a)(3),

inserted "under this part" after "payable from the Fund".

Subsec. (l)(1), (2). Pub. L. 99-335, Sec. 402(a)(2), substituted

"part" for "subchapter".

Subsec. (m). Pub. L. 99-556, Sec. 402, amended subsec. (m)

generally. Prior to amendment, subsec. (m) read as follows: "The

annuity or survivor annuity payable to any individual subject to

section 4045(h) of this title beginning with the first month for

which such individual both -

"(1) attains the minimum age for old-age benefits under title

II of the Social Security Act, and

"(2) first becomes entitled, or would upon proper application

become entitled, for disability or survivor benefits under title

II of the Social Security Act based on the service of any

individual under this part,

shall be computed as if section 8349 of title 5 were applicable."

Pub. L. 99-335, Sec. 406, added subsec. (m).

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-228, div. A, title III, Sec. 322(c)(1), Sept. 30,

2002, 116 Stat. 1385, provided that: "The amendments made by

subsections (a)(1) [amending this section] and (b)(1) [amending

section 4071d of this title] shall apply to service performed on or

after the first day of the first pay period beginning on or after

the date that is 90 days after the date of enactment of this Act

[Sept. 30, 2002]."

Subsec. (n). Pub. L. 99-335, Sec. 407, added subsec. (n).

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-382 effective Nov. 13, 1998, with

provisions relating to applicability with respect to certain

individuals, see section 4 of Pub. L. 105-382, as amended, set out

as a note under section 4044 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-238 effective 90 days after Jan. 8,

1988, see section 261(a) of Pub. L. 100-238, set out as a note

under section 4054 of this title.

EFFECTIVE DATE OF 1986 AMENDMENTS

Section 408 of title IV of Pub. L. 99-556 provided that: "This

title and the amendments made by this title [enacting section 4069

of this title and amending this section and sections 4064, 4071c,

4071d, and 4071j of this title] shall take effect on January 1,

1987. The amendment made by section 403 [amending section 4064 of

this title] shall apply to any individual in a reemployed status on

or after January 1, 1987."

Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section

702(a) of Pub. L. 99-335, set out as an Effective Date note under

section 8401 of Title 5, Government Organization and Employees.

Section 417 of Pub. L. 99-335 provided that:

"(a) Regulations. - Notwithstanding section 702 of this Act [5

U.S.C. 8401 note], the authority of the Secretary of State to issue

regulations under subchapter II of title 8 [probably means

subchapter II of chapter 8 of title I] of the Foreign Service Act

of 1980 [part II of this subchapter] shall take effect on the date

of enactment of this Act [June 6, 1986].

"(b) 18-Month Period to Elect Survivor Annuity. - (1)

Notwithstanding section 702 of this Act, the amendment made by

section 407 [enacting subsec. (n) of this section] shall take

effect 3 months after the date of enactment of this Act.

"(2)(A) Subject to subparagraph (B), the amendment made by

section 407 shall apply with respect to participants and former

participants who retire before, on, or after such amendment first

takes effect.

"(B) For the purpose of applying the provisions of paragraph (1)

of section 806(n) of the Foreign Service Act of 1980 (as added by

section 407) to former participants who retire before the date on

which the amendment first takes effect -

"(i) the period referred to in subparagraph (A) or (B) of such

paragraph (as the case may be) shall be considered to begin on

the date on which such amendment first becomes effective; and

"(ii) the amount referred to in paragraph (2) of such section

806(n) shall be computed without regard to the provisions of

subparagraph (B)(ii) of such paragraph (relating to interest).

"(3) For purposes of this subsection, the term 'participant' has

the meaning given that term in section 803 of the Foreign Service

Act of 1980 (22 U.S.C. 4043)."

ELECTION TO PROVIDE SURVIVOR ANNUITY FOR CERTAIN SPOUSES ACQUIRED

BEFORE EFFECTIVE DATE OF FOREIGN SERVICE ACT OF 1980

Section 203 of title II of Pub. L. 100-238 provided that:

"(a) Election. - A former participant who married his or her

current spouse before the effective date of the Foreign Service Act

of 1980 [see Effective Date note set out under section 3901 of this

title] and who married such spouse after retirement under the

Foreign Service Retirement and Disability System and who was unable

to provide a survivor annuity for such spouse because -

"(1) the participant was married at the time of retirement and

elected not to provide a survivor annuity for that spouse at the

time of retirement, or

"(2) subject to subsection (e), the participant failed to

notify the Secretary of State of the participant's

post-retirement marriage within one year after the marriage,

may make the election described in subsection (b).

"(b) Election Described. -

"(1) The election referred to in subsection (a) is an election

in writing -

"(A) to provide for a survivor annuity for such spouse under

section 806(g) of the Foreign Service Act of 1980 (22 U.S.C.

4046(g));

"(B) to have his or her annuity reduced under section

806(b)(2) of such Act; and

"(C) to deposit in the Foreign Service Retirement and

Disability Fund an amount determined by the Secretary of State,

as nearly as may be administratively feasible, to reflect the

amount by which such participant's annuity would have been

reduced had the election been continuously in effect since the

annuity commenced, plus interest computed under paragraph (2).

"(2) For the purposes of paragraph (1), the annual rate of

interest shall be 6 percent for each year during which the

annuity would have been reduced if the election had been in

effect on and after the date the annuity commenced.

"(c) Offset. - If the participant does not make the deposit

referred to in subsection (b)(1)(C), the Secretary of State shall

collect such amount by offset against such participant's annuity,

up to a maximum of 25 percent of the net annuity otherwise payable

to such participant. Such participant is deemed to consent to such

offset.

"(d) Notice. - The Secretary of State shall provide for notice to

the general public of the right to make an election under this

section.

"(e) Proof of Attempted Election. - In any case in which

subsection (a)(2) applies, the retired employee or Member shall

provide the Secretary of State with such documentation as the

Secretary of State shall decide is appropriate, to show that such

participant attempted to elect a reduced annuity with survivor

benefit for his or her current spouse and that such election was

rejected by the Secretary of State because it was untimely filed.

"(f) Deposit. - A deposit required by this subsection may be made

by the surviving spouse of the participant.

"(g) Limitation. - The election authorized in subsection (a) may

only be made within one year after the date of enactment of this

title [Jan. 8, 1988] in accordance with procedures prescribed by

the Secretary of State.

"(h) Definitions. - For the purposes of this section, the terms

'participant' and 'surviving spouse' have the same meaning given

such terms in subchapter I of chapter 8 of the Foreign Service Act

of 1980 [this part]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4009, 4010, 4047, 4048,

4049, 4050, 4051, 4052, 4053, 4054, 4055, 4056, 4063, 4066, 4069a,

4069a-1, 4069b, 4069b-1, 4159 of this title; title 5 section 5545a.

-FOOTNOTE-

(!1) See Amendment of Section note below.

-End-

-CITE-

22 USC Sec. 4047 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

Part I - Foreign Service Retirement and Disability System

-HEAD-

Sec. 4047. Payment of annuity

-STATUTE-

(a) Commencement of annuity

(1) Except as otherwise provided in paragraph (2), the annuity of

a participant who has met the eligibility requirements for an

annuity shall commence on the first day of the month after -

(A) separation from the Service occurs; or

(B) pay ceases and the service and age requirements for

entitlement to annuity are met.

(2) The annuity of -

(A) a participant who is retired and is eligible for benefits

under section 4009(a) of this title or a participant who is

retired under section 4053 of this title or is otherwise

involuntarily separated from the Service, except by removal for

cause on charges of misconduct or delinquency,

(B) a participant retiring under section 4048 of this title due

to a disability, and

retirement -

shall commence on the day after separation from the Service or the

day after pay ceases and the requirements for entitlement to

annuity are met.

(b) Survivor's annuity; application; proof of eligibility; payment

to estate

The annuity to a survivor shall become effective as otherwise

specified but shall not be paid until the survivor submits an

application for such annuity, supported by such proof of

eligibility as the Secretary of State may require. If such

application or proof of eligibility is not submitted during the

lifetime of an otherwise eligible individual, no annuity shall be

due or payable to his or her estate.

An individual entitled to annuity from the Fund may decline to

accept all or any part of the annuity by submitting a signed waiver

to the Secretary of State. The waiver may be revoked in writing at

any time. Payment of the annuity waived may not be made for the

period during which the waiver was in effect.

(d) Recovery of overpayment

Recovery of overpayments under this part may not be made from an

individual when, in the judgment of the Secretary of State, the

individual is without fault and recovery would be against equity

and good conscience or administratively infeasible.

(e) Alternate forms of annuities

(1) The Secretary of State shall prescribe regulations under

which any participant who has a life-threatening affliction or

other critical medical condition may, at the time of retiring under

this part (other than under section 4048 of this title), elect

annuity benefits under this section instead of any other benefits

under this part (including survivor benefits) based on the service

of the participant.

(2) Subject to paragraph (3), the Secretary of State shall by

regulation provide for such alternative forms of annuities as the

Secretary considers appropriate, except that among the alternatives

offered shall be -

(A) an alternative which provides for -

(i) payment of the lump-sum credit (excluding interest) to

the participant; and

(ii) payment of an annuity to the participant for life; and

(B) in the case of a participant who is married at the time of

retirement, an alternative which provides for -

(i) payment of the lump-sum credit (excluding interest) to

the participant; and

(ii) payment of an annuity to the participant for life, with

a survivor annuity payable for the life of a surviving spouse.

(3) Each alternative provided for under paragraph (2) shall, to

the extent practicable, be designed such that the total value of

the benefits provided under such alternative (including any

lump-sum credit) is actuarially equivalent to the value of the

annuity which would otherwise be provided the participant under

this part, as computed under section 4046(a) of this title.

(4) A participant who, at the time of retiring under this part -

(A) is married, shall be ineligible to make an election under

this section unless a waiver is made under section 4046(b)(1)(B)

of this title; or

(B) has a former spouse, shall be ineligible to make an

election under this section if the former spouse is entitled to

benefits under this part (based on the service of the

participant) unless a waiver has been made under section

4046(b)(1)(C) of this title.

(5) A participant who is married at the time of retiring under

this part and who makes an election under this section may, during

the 18-month period beginning on the date of retirement, make the

election provided for under section 4046(n) of this title, subject

to the deposit requirement thereunder.

(6) Notwithstanding any other provision of law, any lump-sum

credit provided pursuant to an election under this subsection shall

not preclude an individual from receiving any other benefits under

this subsection.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 807, Oct. 17, 1980, 94 Stat. 2109;

Ex. Ord. No. 12446, Sec. 3(a), Oct. 17, 1983, 48 F.R. 48443; Pub.

L. 99-335, title IV, Secs. 402(a)(2), 408, June 6, 1986, 100 Stat.

609, 612; Pub. L. 103-66, title XI, Sec. 11002(b), Aug. 10, 1993,

107 Stat. 409.)

-MISC1-

AMENDMENTS

1993 - Subsec. (e)(1). Pub. L. 103-66 substituted "any

participant who has a life-threatening affliction or other critical

medical condition" for "a participant".

1986 - Subsec. (d). Pub. L. 99-335, Sec. 402(a)(2), substituted

"part" for "subchapter".

Subsec. (e). Pub. L. 99-335, Sec. 408, added subsec. (e).

1983 - Subsec. (a). Ex. Ord. No. 12446 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: "Except

as otherwise provided, the annuity of a former participant who has

met the eligibility requirements for an annuity shall commence on

the day after separation from the Service or on the day after pay

ceases. The annuity of a former participant who is entitled to a

deferred annuity under this chapter shall become effective on the

day he or she attains age 60."

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-66 effective Oct. 1, 1994, and

applicable with respect to any annuity commencing on or after that

date, see section 11002(d) of Pub. L. 103-66, set out as a note

under section 8343a of Title 5, Government Organization and

Employees.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section

702(a) of Pub. L. 99-335, set out as an Effective Date note under

section 8401 of Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Ex. Ord. No. 12446 effective 30 days after Oct. 17,

1983, see section 3(b) of Ex. Ord. No. 12446, set out under section

4067 of this title.

-End-

-CITE-

22 USC Sec. 4048 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

Part I - Foreign Service Retirement and Disability System

-HEAD-

Sec. 4048. Retirement for disability or incapacity

-STATUTE-

(a) Causes; service credit

Any participant who has at least 5 years of service credit toward

retirement under the System (excluding military and naval service)

and who becomes totally disabled or incapacitated for useful and

efficient service by reason of disease, illness, or injury (not due

to vicious habits, intemperance, or willful conduct of the

participant) shall, upon his or her own application or upon order

of the Secretary, be retired on an annuity computed as prescribed

in section 4046 of this title. If the disabled or incapacitated

participant has less than 20 years of service credit toward

retirement under the System at the time of retirement, his or her

annuity shall be computed on the assumption that the participant

has had 20 years of service, except that the additional service

credit that may accrue to a participant under this sentence shall

in no case exceed the difference between his or her age at the time

of retirement and age 60.

However, if a participant retiring under this section is

receiving retired pay or retainer pay for military service (except

that specified in section 8332(c)(1) or (2) of title 5) or

Department of Veterans Affairs pension or compensation in lieu of

such retired or retainer pay, the annuity of that participant shall

be computed under this part excluding extra credit authorized by

this subsection and excluding credit for military service from that

computation. If the amount of the annuity so computed, plus the

retired or retainer pay which is received, or which would be

received but for the application of the limitation in section 5532

(!1) of title 5 or the Department of Veterans Affairs pension or

compensation in lieu of such retired pay or retainer pay, is less

than the annuity that would be payable under this part in the

absence of the previous sentence, an amount equal to the difference

shall be added to the annuity computed under this part.

(b) Physical examination; reinstatement or reappointment upon

recovery; fees and expenses; duration and suspension of annuity

Before being retired under this section, the participant shall be

given a physical examination by one or more duly qualified

physicians or surgeons designated by the Secretary of State to

conduct examinations. Disability or incapacity shall be determined

by the Secretary of State on the basis of the advice of such

physicians or surgeons. Unless the disability or incapacity is

permanent, like examinations shall be made annually until the

annuitant has attained age 60. If the Secretary of State determines

on the basis of the advice of one or more duly qualified physicians

or surgeons conducting such examinations that an annuitant has

recovered to the extent that he or she can return to duty, the

annuitant may apply for reinstatement or reappointment in the

Service within 1 year from the date recovery is determined. Upon

application, the Secretary shall reinstate such recovered annuitant

in the class in which the annuitant was serving at time of

retirement, or the Secretary may, taking into consideration the

age, qualifications, and experience of such annuitant, and the

present class of his or her contemporaries in the Service, appoint

or recommend that the President appoint the annuitant to a higher

class. Payment of the annuity shall continue until a date 6 months

after the date of the examination showing recovery or until the

date of reinstatement or reappointment in the Service, whichever is

earlier. Fees for examinations under this section, together with

reasonable traveling and other expenses incurred in order to submit

to examination, shall be paid out of the Fund. If the annuitant

fails to submit to examination as required under this subsection,

payment of the annuity shall be suspended until continuance of the

disability or incapacity is satisfactorily established.

If a recovered annuitant whose annuity is discontinued is for any

reason not reinstated or reappointed in the Service, he or she

shall be considered to have been separated within the meaning of

section 4050 of this title as of the date of retirement for

disability or incapacity and shall, after the discontinuance of the

annuity, be entitled to the benefits of that section or of section

4055 of this title, except that he or she may elect voluntary

retirement if eligible under section 4051 of this title.

(d) Election of benefits; concurrent benefits allowed

No participant shall be entitled to receive an annuity under this

part and compensation for injury or disability to himself or

herself under subchapter I of chapter 81 of title 5, covering the

same period of time, except that a participant may simultaneously

receive both an annuity under this section and scheduled disability

payments under section 8107 of title 5. This subsection shall not

bar the right of any claimant to the greater benefit conferred by

either this part or subchapter I of such chapter 8 (!2) for any

part of the same period of time. Neither this subsection nor any

provision of subchapter I of such chapter 8 (!2) shall be construed

to deny the right of any participant to receive an annuity under

this part and to receive concurrently any payment under subchapter

I of such chapter 8 (!2) by reason of the death of any other

individual.

(e) Lump sum disability payments

Notwithstanding any other law, the right of any individual

entitled to an annuity under this part shall not be affected

because such person has received an award of compensation in a lump

sum under section 8135 of title 5, except that where such annuity

is payable on account of the same disability for which compensation

under such section has been paid, so much of such compensation as

has been paid for any period extended beyond the date such annuity

becomes effective, as determined by the Secretary of Labor, shall

be refunded to the Department of Labor, to be paid into the Federal

Employees' Compensation Fund. Before such individual receives such

annuity, he or she shall -

(1) refund to the Department of Labor the amount representing

such commuted payments for such extended period, or

(2) authorize the deduction of such amount from the annuity

payable under this part, which amount shall be transmitted to the

Department of Labor for reimbursement to such Fund.

Deductions from such annuity may be made from accrued and accruing

payments, or may be prorated against and paid from accruing

payments in such manner as the Secretary of Labor shall determine,

whenever the Secretary of Labor finds that the financial

circumstances of the annuitant warrant deferred refunding.

(f) Time of filing application; waiver

A claim may be allowed under this section only if the application

is filed with the Secretary of State before the participant is

separated from the Service or within one year thereafter. This time

limitation may be waived by the Secretary of State for a

participant who at the date of separation from the Service or

within one year thereafter is mentally incompetent, if the

application is filed with the Secretary of State within one year

from the date of restoration of the participant to competency or

the appointment of a fiduciary, whichever is earlier.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 808, Oct. 17, 1980, 94 Stat. 2110;

Ex. Ord. No. 12289, Sec. 2, Feb. 14, 1981, 46 F.R. 12693; Pub. L.

99-335, title IV, Sec. 402(a)(2), (b), June 6, 1986, 100 Stat. 609;

Pub. L. 100-238, title II, Sec. 215(a), Jan. 8, 1988, 101 Stat.

1774; Pub. L. 102-54, Sec. 13(h)(2), June 13, 1991, 105 Stat. 275.)

-REFTEXT-

REFERENCES IN TEXT

Section 5532 of title 5, referred to in subsec. (a), was repealed

by Pub. L. 106-65, div. A, title VI, Sec. 651(a)(1), Oct. 5, 1999,

113 Stat. 664.

-MISC1-

AMENDMENTS

1991 - Subsec. (a). Pub. L. 102-54 substituted "Department of

Veterans Affairs" for "Veterans' Administration" in two places in

second par.

1988 - Subsecs. (a), (b). Pub. L. 100-238 substituted "60" for

"65".

1986 - Subsec. (a). Pub. L. 99-335, Sec. 402(a)(2), substituted

"part" for "subchapter" in three places.

Subsec. (d). Pub. L. 99-335, Sec. 402(b)(1), substituted

"subchapter I of such chapter 8" for "such subchapter" in three

places and "part" for "chapter" in three places.

Subsec. (e). Pub. L. 99-335, Sec. 402(b)(2), substituted "part"

for "chapter" in two places.

1981 - Subsec. (a). Ex. Ord. No. 12289 added second par. relating

to computation of annuity for participant retiring under this

section and receiving retired or retainer pay.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-238 effective 90 days after Jan. 8,

1988, see section 261(a) of Pub. L. 100-238, set out as a note

under section 4054 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section

702(a) of Pub. L. 99-335, set out as an Effective Date note under

section 8401 of Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Ex. Ord. No. 12289 effective Feb. 15, 1981, see

section 3 of Ex. Ord. No. 12289, set out under section 4067 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4046, 4047, 4056, 4071h

of this title; title 26 section 104.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be chapter "81".

-End-

-CITE-

22 USC Sec. 4049 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

Part I - Foreign Service Retirement and Disability System

-HEAD-

Sec. 4049. Death in service

-STATUTE-

(a) Lump-sum credit

If a participant dies and no claim for annuity is payable under

this part, the lump-sum credit shall be paid in accordance with

section 4055 of this title.

(b) Surviving spouse

If a participant who has at least 18 months of civilian service

credit toward retirement under the System dies before retirement or

other separation from the Service and is survived by a spouse or

former spouse qualifying for an annuity under section 4054(b) of

this title, such surviving spouse shall be entitled to an annuity

equal to 55 percent of the annuity computed in accordance with

subsections (e) and (g) of this section and section 4046(a) of this

title and any surviving former spouse shall be entitled to an

annuity under section 4054(b) of this title as if the participant

died after being entitled to an annuity under this part. If the

participant had less than 3 years creditable civilian service at

the time of death, the survivor annuity shall be computed on the

basis of the average salary for the entire period of such service.

If a participant who has at least 18 months of civilian service

credit toward retirement under the System dies before retirement or

other separation from the Service and is survived by a spouse or a

former spouse who is the natural or adoptive parent of a surviving

child of the annuitant, and a child or children, each surviving

child shall be entitled to an annuity computed in accordance with

subsections (c)(1) and (d) of section 4046 of this title.

(d) Surviving children

If a participant who has at least 18 months of civilian service

credit toward retirement under the System dies before retirement or

other separation from the Service and is not survived by a spouse,

or a former spouse who is the natural or adoptive parent of a

surviving child of the annuitant, but by a child or children, each

surviving child shall be entitled to an annuity computed in

accordance with subsections (c)(2) and (d) of section 4046 of this

title.

(e) Service credit; presumption of qualification

If, at the time of his or her death, the participant had less

than 20 years of service credit toward retirement under the System,

the annuity payable in accordance with subsection (b) of this

section shall be computed in accordance with section 4046 of this

title on the assumption he or she has had 20 years of service,

except that the additional service credit that may accrue to a

deceased participant under this subsection shall in no case exceed

the difference between his or her age on the date of death and age

60. In all cases arising under this subsection or subsection (b),

(c), (d), or (g) of this section, it shall be assumed that the

deceased participant was qualified for retirement on the date of

death.

(f) Recall service

If an annuitant entitled to a reduced annuity dies in service

after being recalled under section 3948 of this title and is

survived by a spouse or former spouse entitled to a survivor

annuity based on the service of such annuitant, such survivor

annuity shall be computed as if the recall service had otherwise

terminated on the day of death and the annuity of the deceased had

been resumed in accordance with section 4063 of this title. If such

death occurs after the annuitant had completed sufficient recall

service to attain eligibility for a supplemental annuity, a

surviving spouse or surviving former spouse who was married to the

participant at any time during a period of recall service shall be

entitled to elect, in addition to any other benefits and in lieu of

a refund of retirement contributions made during the recall

service, a supplemental survivor annuity computed and paid under

section 4046(i) of this title as if the recall service had

otherwise terminated. If the annuitant had completed sufficient

recall service to attain eligibility to have his or her annuity

determined anew, a surviving spouse or such a surviving former

spouse may elect, in lieu of any other survivor benefit under this

subchapter, to have the rights of the annuitant redetermined and to

receive a survivor annuity computed under subsection (b) of this

section on the basis of the total service of the annuitant.

(g) Limitation on surviving spouse's annuity

Notwithstanding subsection (b) of this section, if the

participant or former participant had a former spouse qualifying

for an annuity under section 4054(b) of this title, the annuity of

the spouse under this section shall be subject to the limitation of

section 4046(b)(3)(B) of this title.

(h) Commencement, termination, and resumption of annuities

Annuities that become payable under this section shall commence,

terminate, and be resumed in accordance with subsection (b)(4),

(e), or (h) of section 4046 of this title, as appropriate.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 809, Oct. 17, 1980, 94 Stat. 2111;

Pub. L. 99-335, title IV, Sec. 402(a)(2), (c), June 6, 1986, 100

Stat. 609; Pub. L. 100-238, title II, Secs. 214(b), 215(b), Jan. 8,

1988, 101 Stat. 1774.)

-MISC1-

AMENDMENTS

1988 - Subsecs. (c), (d). Pub. L. 100-238, Sec. 214(b), inserted

"or a former spouse who is the natural or adoptive parent of a

surviving child of the annuitant," after "spouse".

Subsec. (e). Pub. L. 100-238, Sec. 215(b), substituted "60" for

"65".

1986 - Subsec. (a). Pub. L. 99-335, Sec. 402(c), substituted

"part" for "chapter".

Subsec. (b). Pub. L. 99-335, Sec. 402(a)(2), substituted "part"

for "subchapter".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-238 effective 90 days after Jan. 8,

1988, see section 261(a) of Pub. L. 100-238, set out as a note

under section 4054 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section

702(a) of Pub. L. 99-335, set out as an Effective Date note under

section 8401 of Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4009, 4046, 4056, 4066 of

this title.

-End-

-CITE-

22 USC Sec. 4050 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

Part I - Foreign Service Retirement and Disability System

-HEAD-

Sec. 4050. Discontinued service retirement

-STATUTE-

Any participant who voluntarily separates from the Service after

obtaining at least 5 years of service credit toward retirement

under the System (excluding military and naval service) may upon

separation from the Service or at any time prior to becoming

eligible for an annuity elect to have his or her contributions to

the Fund returned in accordance with section 4055 of this title, or

to leave his or her contributions in the Fund and receive an

annuity, computed under section 4046 of this title, commencing at

age 60.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 810, Oct. 17, 1980, 94 Stat. 2112.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4048 of this title.

-End-

-CITE-

22 USC Sec. 4051 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

Part I - Foreign Service Retirement and Disability System

-HEAD-

Sec. 4051. Voluntary retirement

-STATUTE-

Any participant who is at least 50 years of age and has 20 years

of creditable service, including at least 5 years of service credit

toward retirement under the System (excluding military and naval

service), may on his or her own application and with the consent of

the Secretary be retired from the Service and receive retirement

benefits in accordance with section 4046 of this title. The

Secretary shall withhold consent for retirement under this section

by any participant who has not been a member of the Service for 5

years. Any participant who voluntarily separates from the Service

before completing 5 years in the System and who, on the date of

separation, would be eligible for an annuity, based on a voluntary

separation, under section 8336 or 8338 of title 5, if the

participant had been covered under the Civil Service Retirement

System rather than subject to this subchapter while a member of the

Service, may receive an annuity under section 8336 or 8338,

notwithstanding section 8333(b) of title 5, if all contributions

transferred to the Fund under section 4045(c)(1) of this title, as

well as all contributions withheld from the participant's pay or

contributed by the employer, and deposited into the Fund during the

period he or she was subject to this subchapter, including interest

on these amounts, are transferred to the Civil Service Retirement

and Disability Fund effective on the date the participant separates

from the Service.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 811, Oct. 17, 1980, 94 Stat. 2112;

Pub. L. 100-238, title II, Sec. 216, Jan. 8, 1988, 101 Stat. 1774.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-238 inserted last two sentences relating to

withholding consent to retirement and to certain participants who

voluntarily separate from the Service before completing 5 years in

the System.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-238 effective 90 days after Jan. 8,

1988, see section 261(a) of Pub. L. 100-238, set out as a note

under section 4054 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4009, 4046, 4048, 4071d

of this title.

-End-

-CITE-

22 USC Sec. 4052 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

Part I - Foreign Service Retirement and Disability System

-HEAD-

Sec. 4052. Mandatory retirement

-STATUTE-

(a)(1) Except as provided in subsection (b) of this section, any

participant shall be retired from the Service at the end of the

month in which the participant has reached age 65 and has at least

5 years of service credit toward retirement under the System

(excluding military and naval service), and shall receive

retirement benefits in accordance with section 4046 of this title.

(2) Notwithstanding paragraph (1) -

(A) an individual described in section 4(a)(2) of the

Department of State Special Agents Retirement Act of 1998 who is

otherwise eligible for immediate retirement under this

subchapter; or

(B) a Foreign Service criminal investigator/inspector of the

Office of Inspector General of the Agency for International

Development who would have been eligible for retirement pursuant

to either section 8336(c) or 8412(d) of title 5, as applicable,

had the employee remained in civil service,

shall be separated from the Service on the last day of the month in

which such individual under subparagraph (A) or such Foreign

Service criminal investigator/inspector under subparagraph (B)

attains 57 years of age or completes 20 years of service if then

over that age. If the head of the agency judges that the public

interest so requires, that agency head may exempt such an employee

from automatic separation under this subsection until that employee

attains 60 years of age. The employing office shall notify the

employee in writing of the date of separation at least 60 days

before that date. Action to separate the employee is not effective

without the consent of the employee, until the last day of the

month in which the 60-day notice expires.

(b)(1) Any participant who is otherwise required to retire under

subsection (a) of this section while occupying a position to which

he or she was appointed by the President, by and with the advice

and consent of the Senate, may continue to serve until that

appointment is terminated.

(2) Whenever the Secretary determines it to be in the public

interest, any participant who is otherwise required to retire under

subsection (a) of this section may be retained on active service

for a period not to exceed 5 years.

(3) Any participant who completes a period of service authorized

by this subsection shall be retired at the end of the month in

which such authorized service is completed.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 812, Oct. 17, 1980, 94 Stat. 2113;

Pub. L. 101-513, title V, Sec. 587(b), Nov. 5, 1990, 104 Stat.

2056; Pub. L. 102-499, Sec. 4(c), Oct. 24, 1992, 106 Stat. 3265;

Pub. L. 105-382, Sec. 3, Nov. 13, 1998, 112 Stat. 3408.)

-REFTEXT-

REFERENCES IN TEXT

Section 4(a)(2) of the Department of State Special Agents

Retirement Act of 1998, referred to in subsec. (a)(2)(A), is

section 4(a)(2) of Pub. L. 105-382, which is set out as a note

under section 4044 of this title.

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(2). Pub. L. 105-382 amended first sentence

generally. Prior to amendment, first sentence read as follows:

"Notwithstanding paragraph (1), a Foreign Service criminal

investigator/inspector of the Office of Inspector General of the

Agency for International Development who would have been eligible

for retirement pursuant to either section 8336(c) or 8412(d) of

title 5, as applicable, had the employee remained in civil service,

shall be separated from the Service on the last day of the month in

which that Foreign Service criminal investigator/inspector attains

57 years of age or completes 20 years of service if then over that

age."

1992 - Subsec. (a)(2). Pub. L. 102-499 substituted "57" for "55".

1990 - Subsec. (a). Pub. L. 101-513 designated existing

provisions as par. (1) and added par. (2).

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-382 effective Nov. 13, 1998, with

provisions relating to applicability with respect to certain

individuals, see section 4 of Pub. L. 105-382, as amended, set out

as a note under section 4044 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4046, 4071d of this

title; title 5 section 3323.

-End-

-CITE-

22 USC Sec. 4053 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

Part I - Foreign Service Retirement and Disability System

-HEAD-

Sec. 4053. Reassignment and retirement of former Presidential

appointees

-STATUTE-

(a) Reassignment or retirement of participants not eligible for

retirement

A participant, who completes an assignment under section 3942(b)

of this title in a position to which the participant was appointed

by the President, and is not otherwise eligible for retirement -

(1) shall be reassigned within 90 days after the termination of

such assignment and any period of authorized leave, or

(2) if the Secretary of State determines that reassignment is

not in the interest of the Foreign Service, shall be retired from

the Service and receive retirement benefits in accordance with

section 4046 or 4071d of this title, as appropriate.

(b) Retirement of participants eligible for retirement

A participant who completes an assignment under section 3942(b)

of this title in a position to which the participant was appointed

by the President and is eligible for retirement and is not

reassigned within 90 days after the termination of such assignment

and any period of authorized leave, shall be retired from the

Service and receive retirement benefits in accordance with section

4046 of this title or section 4071d of this title, as appropriate.

A participant who is retired under subsection (a)(2) of this

section and is subsequently employed by the United States

Government, thereafter, shall be eligible to retire only under the

terms of the applicable retirement system.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 813, Oct. 17, 1980, 94 Stat. 2113;

Pub. L. 102-138, title I, Sec. 149, Oct. 28, 1991, 105 Stat. 670;

Pub. L. 103-236, title I, Sec. 174, Apr. 30, 1994, 108 Stat. 413.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-236 added subsecs. (a) to (c) and struck out

former subsecs. (a) to (c) which read as follows:

"(a) Except as provided under subsection (b) of this section, a

participant, who completes an assignment under section 3942(b) of

this title in a position to which he or she was appointed by the

President, shall be offered reassignment within 90 days after the

termination of such assignment and any period of authorized leave.

"(b) Subsection (a) of this section shall not apply with respect

to a participant, if the Secretary of State determines that

reassignment of the participant is not in the interest of the

United States and the Foreign Service.

"(c) A participant who is not reassigned under subsection (a) of

this section shall be retired from the Service and receive

retirement benefits in accordance with section 4046 or 4071d of

this title, as appropriate."

1991 - Pub. L. 102-138 inserted "Reassignment and" in section

catchline and amended text generally. Prior to amendment, text read

as follows: "If a participant completes an assignment under section

3942(b) of this title in a position to which he or she was

appointed by the President and has not been reassigned within 3

months after the termination of such assignment (plus any period of

authorized leave), the participant shall be retired from the

Service and receive retirement benefits in accordance with section

4046 of this title."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4046, 4047, 4071d of this

title.

-End-

-CITE-

22 USC Sec. 4054 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

Part I - Foreign Service Retirement and Disability System

-HEAD-

Sec. 4054. Former spouses

-STATUTE-

(a) Living Service members

(1) Unless otherwise expressly provided by any spousal agreement

or court order under section 4060(b)(1) of this title, a former

spouse of a participant or former participant is entitled to an

annuity if such former spouse was married to the participant for at

least 10 years during service of the participant which is

creditable under this subchapter with at least 5 of such years

occurring while the participant was a member of the Foreign Service

and -

(A) if married to the participant throughout the creditable

service of the participant, equal to 50 percent of the annuity of

the participant; or

(B) if not married to the participant throughout such

creditable service, equal to that former spouse's pro rata share

of 50 percent of such annuity.

For the purposes of this paragraph, the term "creditable service"

means service which is creditable under part I or II of this

subchapter.

(2) A former spouse shall not be qualified for an annuity under

this subsection if before the commencement of that annuity the

former spouse remarries before becoming 60 years of age.

(3) The annuity of a former spouse under this subsection

commences on the later of the day the participant upon whose

service the annuity is based becomes entitled to an annuity under

this part or the first day of the month in which the divorce or

annulment involved becomes final. The annuity of such former spouse

and the right thereto terminate on -

(A) the last day of the month before the former spouse dies or

remarries before 60 years of age; or

(B) the date the annuity of the participant terminates (except

in the case of an annuity subject to paragraph (5)(B)).

(4) No spousal agreement or court order under section 4060(b)(1)

of this title involving any participant may provide for an annuity

or any combination of annuities under this subsection which exceeds

the annuity of the participant, nor may any such court order

relating to an annuity under this subsection be given effect if it

is issued more than 24 months after the date the divorce or

annulment involved becomes final.

(5)(A) The annuity payable to any participant shall be reduced by

the amount of an annuity under this subsection paid to any former

spouse based upon the service of that participant. Such reduction

shall be disregarded in calculating the survivor annuity for any

spouse, former spouse, or other survivor under this part, and in

calculating any reduction in the annuity of the participant to

provide survivor benefits under subsection (b) of this section or

section 4046(b)(3) of this title.

(B) If any annuitant whose annuity is reduced under subparagraph

(A) is recalled to service under section 3948 of this title, or

reinstated or reappointed in the Service in the case of a recovered

disability annuitant or if any annuitant is reemployed as provided

for under section 4064 of this title, the salary of that annuitant

shall be reduced by the same amount as the annuity would have been

reduced if it had continued. Amounts equal to the reductions under

this subparagraph shall be deposited in the Treasury of the United

States to the credit of the Fund.

(6) Notwithstanding paragraph (3), in the case of any former

spouse of a disability annuitant -

(A) the annuity of that former spouse shall commence on the

date the participant would qualify on the basis of his or her

creditable service for an annuity under this part (other than a

disability annuity) or the date the disability annuity begins,

whichever is later, and

(B) the amount of the annuity of the former spouse shall be

calculated on the basis of the annuity for which the participant

would otherwise so qualify.

(7) An annuity under this subsection shall be treated the same as

a survivor annuity under subsection (b) of this section for

purposes of section 4046(h) of this title or any comparable

provision of law.

(b) Deceased Service members

(1) Subject to any election under section 4046(b)(1)(C) of this

title and unless otherwise expressly provided by any spousal

agreement or court order under section 4060(b)(1) of this title, if

a former participant who is entitled to receive an annuity is

survived by a former spouse, the former spouse shall be entitled to

a survivor annuity -

(A) if married to the participant throughout the creditable

service of the participant, equal to 55 percent of the full

amount of the participant's annuity, as computed under section

4046(a) of this title; or

(B) if not married to the participant throughout such

creditable service, equal to that former spouse's pro rata share

of 55 percent of the full amount of such annuity.

For the purposes of this paragraph, the term "creditable service"

means service which is creditable under part I or II of this

subchapter.

(2) A former spouse shall not be qualified for an annuity under

this subsection if before the commencement of that annuity the

former spouse remarries before becoming 60 years of age.

(3) An annuity payable from the Fund under this part to a

surviving former spouse under this subsection shall commence on the

day after the annuitant dies and shall terminate on the last day of

the month before the former spouse's death or remarriage before

attaining age 60. If such a survivor annuity is terminated because

of remarriage, it shall be restored at the same rate commencing on

the date such remarriage is terminated if any lump sum paid upon

termination of the annuity is returned to the Fund.

(4)(A) The maximum survivor annuity or combination of survivor

annuities under this section (and section 4046(b)(3) of this title)

with respect to any participant or former participant may not

exceed 55 percent of the full amount of the participant's annuity,

as calculated under section 4046(a) of this title.

(B) Once a survivor annuity has been provided for under this

subsection for any former spouse, a survivor annuity may thereafter

be provided for under this subsection (or section 4046(b)(3) of

this title) with respect to a participant or former participant

only for that portion (if any) of the maximum available which is

not committed for survivor benefits for any former spouse whose

prospective right to such annuity has not terminated by reason of

death or remarriage.

court order under section 4060(b)(1) of this title may not adjust

the amount of the annuity of any former spouse under this section.

(5)(A) For each full month after a former spouse of a participant

or former participant dies or remarries before attaining age 60,

the annuity of the participant, if reduced to provide a survivor

annuity for that former spouse, shall be recomputed and paid as if

the annuity had not been so reduced, unless an election is in

effect under subparagraph (B).

(B) Subject to paragraph (4)(B), the participant may elect in

writing within one year after receipt of notice of the death or

remarriage of the former spouse to continue the reduction in order

to provide a higher survivor annuity under section 4046(b)(3) of

this title for any spouse of the participant.

(1) In the case of any participant or former participant

providing a survivor annuity benefit under subsection (b) of this

section for a former spouse -

(A) such participant may elect, or

(B) a spousal agreement or court order under section 4060(b)(1)

of this title may provide for,

an additional survivor annuity under this subsection for any other

former spouse or spouse surviving the participant, if the

participant satisfactorily passes a physical examination as

prescribed by the Secretary of State.

(2) Neither the total amount of survivor annuity or annuities

under this subsection with respect to any participant or former

participant, nor the survivor annuity or annuities for any one

surviving spouse or former spouse of such participant under this

section and section 4046 of this title, shall exceed 55 percent of

the full amount of the participant's annuity, as computed under

section 4046(a) of this title.

(3)(A) In accordance with regulations which the Secretary of

State shall prescribe, the participant involved may provide for any

annuity under this subsection -

(i) by a reduction in the annuity or an allotment from the

salary of the participant,

(ii) by a lump sum payment or installment payments to the Fund,

(iii) by any combination thereof.

(B) The present value of the total amount to accrue to the Fund

under subparagraph (A) to provide any annuity under this subsection

shall be actuarially equivalent in value to such annuity, as

calculated upon such tables of mortality as may from time to time

be prescribed for this purpose by the Secretary of State.

before attaining age 60 (or, in the case of a spouse, the spouse

does not qualify as a former spouse upon dissolution of the

marriage) -

(i) if an annuity reduction or salary allotment under

subparagraph (A) is in effect for that spouse or former spouse,

the annuity shall be recomputed and paid as if it had not been

reduced or the salary allotment terminated, as the case may be,

and

(ii) any amount accruing to the Fund under subparagraph (A)

shall be refunded, but only to the extent that such amount may

have exceeded the actuarial cost of providing benefits under this

subsection for the period such benefits were provided, as

determined under regulations prescribed by the Secretary of

State.

(D) Under regulations prescribed by the Secretary of State, an

annuity shall be recomputed (or salary allotment terminated or

adjusted), and a refund provided (if appropriate), in a manner

comparable to that provided under subparagraph (C), in order to

reflect a termination or reduction of future benefits under this

subsection for a spouse in the event a former spouse of the

participant dies or remarries before attaining age 60 and an

increased annuity is provided for that spouse in accordance with

this part.

(4) An annuity payable under this subsection to a spouse or

former spouse shall commence on the day after the participant dies

and shall terminate on the last day of the month before the former

spouse's death or remarriage before attaining age 60.

(5) Section 4066 of this title shall not apply to any annuity

under this subsection, unless authorized under regulations

prescribed by the Secretary of State.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 814, Oct. 17, 1980, 94 Stat. 2113;

Pub. L. 97-241, title I, Sec. 125(2), Aug. 24, 1982, 96 Stat. 282;

Pub. L. 99-335, title IV, Secs. 402(a)(2), (3), 404(b), June 6,

1986, 100 Stat. 609, 610; Pub. L. 100-238, title II, Sec. 217(a),

(b), (c)(2), Jan. 8, 1988, 101 Stat. 1775.)

-MISC1-

AMENDMENTS

1988 - Subsec. (a)(1). Pub. L. 100-238, Sec. 217(a), which

directed the amendment of par. (1) by inserting "if such former

spouse was married to the participant for at least 10 years during

service of the participant which is creditable under this

subchapter with at least 5 of such years occurring while the

participant was a member of the Foreign Service and" after

"annuity", was executed by inserting the new language after

"annuity" in introductory provisions, as the probable intent of

Congress.

Subsec. (a)(4). Pub. L. 100-238, Sec. 217(b), substituted "24"

for "12".

Subsec. (d). Pub. L. 100-238, Sec. 217(c)(2), struck out subsec.

(d) which read as follows: "Section 4046(l) of this title shall not

apply -

"(1) to any annuity payable under subsection (a) or (b) of this

section to any former spouse if the amount of that annuity varies

by reason of a spousal agreement or court order under section

4060(b)(1) of this title, or an election under section

4046(b)(1)(B) of this title, from the amount which would be

calculated under subsection (a)(1) or (b)(1) of this section, as

the case may be, in the absence of such spousal agreement, court

order, or election; and

"(2) to any annuity payable under subsection (c) of this

section."

1986 - Subsec. (a)(1). Pub. L. 99-335, Sec. 404(b)(1), inserted

provision defining "creditable service" as service creditable under

part I or II of this subchapter.

Subsec. (a)(3), (5)(A), (6)(A). Pub. L. 99-335, Sec. 402(a)(2),

substituted "part" for "subchapter".

Subsec. (b)(1). Pub. L. 99-335, Sec. 404(b)(2), inserted

provision defining "creditable service" as service creditable under

part I or II of this subchapter.

Subsec. (b)(3). Pub. L. 99-335, Sec. 402(a)(3), inserted "under

this part" after "payable from the Fund".

Subsec. (c)(3)(D). Pub. L. 99-335, Sec. 402(a)(2), substituted

"part" for "subchapter".

1982 - Subsec. (a)(3). Pub. L. 97-241 substituted "or the first"

for "on the first" in provision preceding subpar. (A).

EFFECTIVE DATE OF 1988 AMENDMENT

Section 261 of title II of Pub. L. 100-238 provided that:

"(a) In General. - Except as provided in subsection (b), this

title and the amendments made by this title [enacting sections

4069-1 to 4069c-1 of this title, amending this section and sections

4044 to 4046, 4048, 4049, 4051, 4055, 4066, 4071a, 4071c, and 4084

of this title, and enacting provisions set out as a note under

section 4046 of this title] shall take effect 90 days after the

date of enactment of this title [Jan. 8, 1988].

"(b) Exceptions. -

"(1) The amendments made by section 202 [enacting section

4069-1 of this title] shall apply to any individual who, on or

after the date of enactment of this title [Jan. 8, 1988], is

married to a participant or former participant.

"(2) The amendment made by section 217(a) [amending this

section] shall not apply with respect to the former spouse of a

participant or former participant who is subject to subchapter I

of chapter 8 of the Foreign Service Act of 1980 [this part] if,

on the date of enactment of this title [Jan. 8, 1988], that

former spouse -

"(A) was the spouse of that participant or former

participant; or

"(B) is entitled to an annuity under section 814 of the

Foreign Service Act of 1980 [this section] pursuant to the

divorce or annulment of the marriage to that participant or

former participant.

"(c) Definitions. - For the purpose of this section, the terms

'participant' and 'former participant' have the same meaning as

such terms in chapter 8 of the Foreign Service Act of 1980 [this

subchapter]."

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section

702(a) of Pub. L. 99-335, set out as an Effective Date note under

section 8401 of Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4046, 4049, 4060, 4064,

4069a, 4069a-1, 4071j, 4159 of this title.

-End-

-CITE-

22 USC Sec. 4055 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

Part I - Foreign Service Retirement and Disability System

-HEAD-

Sec. 4055. Lump-sum payments

-STATUTE-

(a) Requirements for payment

(1) A participant is entitled to be paid a lump-sum credit if the

participant -

(A) is separated from the Service for at least 31 consecutive

days, or is transferred to a position in which the participant is

not subject to this subchapter and remains in such a position for

at least 31 consecutive days;

(B) files an application with the Secretary of State for

payment of the lump-sum credit;

subject to this subchapter at the time the participant files the

application;

(D) will not become eligible to receive an annuity under this

part within 31 days after filing the application; and

(E) has notified any spouse or former spouse the participant

may have of the application for payment in accordance with

regulations prescribed by the Secretary of State.

Such regulations may provide for waiver of subparagraph (E) under

circumstances described in section 4046(b)(1)(D) of this title.

(2) Such lump-sum credit shall be paid to the participant and to

any former spouse of the participant in accordance with subsection

(i) of this section.

(b) Recall service; return of contributions

Whenever an annuitant becomes separated from the Service

following a period of recall service without becoming eligible for

a supplemental or recomputed annuity under section 4063 of this

title, the compulsory contributions of the annuitant to the Fund

for such service, together with any special contributions the

annuitant may have made for other service performed after the date

of separation from the Service which forms the basis for annuity,

shall be returned to the annuitant (and any former spouse of the

annuitant who was married to the participant during the period of

recall service, in accordance with subsection (i) of this section).

If all annuity rights under this part based on the service of a

deceased participant or annuitant terminate before the total

annuity paid equals the lump-sum credit to which the participant or

annuitant is entitled, the difference shall be paid in accordance

with subsection (f) of this section.

(d) Lack of eligible survivors

If a participant or former participant dies and is not survived

by an individual eligible for an annuity under this part or by such

an individual or individuals all of whose annuity rights terminate

before a claim for survivor annuity is filed, the lump-sum credit

to which the participant or annuitant is entitled shall be paid in

accordance with subsection (f) of this section.

(e) Death of annuitant who was former participant

If an annuitant who was a former participant dies, any annuity

accrued and unpaid shall be paid in accordance with subsection (f)

of this section.

(f) Order of precedence for payments

Payments under subsections (c) through (e) of this section shall

be paid in the following order of precedence to individuals

surviving the participant and alive on the date entitlement to the

payment arises, upon the establishment of a valid claim therefor,

and such payment shall be a bar to recovery by any other person:

(1) To the beneficiary or beneficiaries last designated by the

participant before or after retirement in a signed and witnessed

writing filed with the Secretary of State prior to the death of

the participant, for which purpose a designation, change, or

cancellation of beneficiary in a will or other document which is

not so executed and filed shall have no force or effect.

(2) If there is no such beneficiary, to the surviving wife or

husband of the participant.

(3) If none of the above, to the child (without regard to the

definition in section 4044(2) of this title) or children of the

participant (including adopted and natural children but not

stepchildren) and descendants of deceased children by

representation.

(4) If none of the above, to the parents of the participant or

the survivor of them.

(5) If none of the above, to the duly appointed executor or

administrator of the estate of the participant.

(6) If none of the above, to such other next of kin of the

participant as may be determined in the judgment of the Secretary

of State to be legally entitled to such payment, except that no

payment shall be made under this paragraph until after the

expiration of 30 days after the death of the participant or

annuitant.

(g) Death of survivor annuitant

Annuity accrued and unpaid on the death of a survivor annuitant

shall be paid in the following order of precedence, and the payment

bars recovery by any other person:

(1) To the duly appointed executor or administrator of the

estate of the survivor annuitant.

(2) If there is no such executor or administrator, to such

person as may be determined by the Secretary of State (after the

expiration of 30 days from the date of death of the survivor

annuitant) to be entitled under the laws of the domicile of the

survivor annuitant at the time of death.

(h) Amount of credit

(!1) Amounts deducted and withheld from basic salary of a

participant under section 4045 of this title from the beginning of

the first pay period after the participant has completed 35 years

of service computed under section 4056 of this title (excluding

service credit for unused sick leave under section 4056(b) of this

title), together with interest on the amounts at the rate of 3

percent a year compounded annually from the date of the deduction

to the date of retirement or death, shall be applied toward any

special contribution due under section 4045(d) of this title), and

any balance not so required shall be refunded in a lump sum to the

participant after separation or, in the event of a death in

service, to a beneficiary in the order of precedence specified in

subsection (f) of this section.

(i) Former spouses

Unless otherwise expressly provided by any spousal agreement or

court order under section 4060(b)(1) of this title, the amount of a

participant's or former participant's lump-sum credit payable to a

former spouse of that participant shall be -

(1) if the former spouse was married to the participant

throughout the period of creditable service of the participant,

50 percent of the lump-sum credit to which such participant would

be entitled in the absence of this subsection, or

(2) if such former spouse was not married to the participant

throughout such creditable service, an amount equal to such

former spouse's pro rata share of 50 percent of such lump-sum

credit.

The lump-sum credit of the participant shall be reduced by the

amount of the lump-sum credit payable to the former spouse. For the

purposes of this subsection, the term "creditable service" means

service which is creditable under part I or II of this subchapter.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 815, Oct. 17, 1980, 94 Stat. 2116;

Pub. L. 99-335, title IV, Secs. 402(a)(2), 404(c), 413, June 6,

1986, 100 Stat. 609, 610, 614; Pub. L. 100-238, title II, Sec. 218,

Jan. 8, 1988, 101 Stat. 1775.)

-STATAMEND-

AMENDMENT OF SECTION

Section 1(a) and (c) of Ex. Ord. No. 12446, Oct. 17, 1983, 48

F.R. 48443, set out as a note under section 4067 of this title,

provided that the first sentence of subsection (h) of this section,

applicable (i) to contributions for civilian service performed on

or after the first day of Nov. 1983, (ii) to contributions for

prior refunds to participants for which application is received by

the employing agency on and after such first day of Nov. 1983, and

(iii) to excess contributions under section 4055(h) of this title

and voluntary contributions under section 4065(a) of this title

from the first day of Nov. 1983, is deemed to be amended to provide

that interest shall be compounded at the annual rate of 3 percent

per annum through December 31, 1984, and thereafter at a rate equal

to the overall average yield to the Fund during the preceding

fiscal year from all obligations purchased by the Secretary of the

Treasury during such fiscal year under section 4059 of this title,

as determined by the Secretary of the Treasury.

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-238 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows:

"Whenever a participant becomes separated from the Service without

becoming eligible for an annuity or a deferred annuity under this

subchapter, a lump-sum credit shall be paid to the participant (and

to any former spouse of the participant, in accordance with

subsection (i) of this section). A participant who becomes subject

to part II of this subchapter shall be entitled to payment of the

lump-sum credit if, and to the extent that, such lump-sum credit

relates to service of a type described in clauses (i) through (iii)

of section 302(a)(1)(C) of the Federal Employees' Retirement System

Act of 1986."

1986 - Subsec. (a). Pub. L. 99-335, Sec. 413, inserted provision

relating to payment of a lump-sum credit for a participant who

becomes subject to part II of this subchapter.

Subsecs. (c), (d). Pub. L. 99-335, Sec. 402(a)(2), substituted

"part" for "subchapter".

Subsec. (i). Pub. L. 99-335, Sec. 404(c), inserted provision

defining "creditable service" as service creditable under part I or

II of this subchapter.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-238 effective 90 days after Jan. 8,

1988, see section 261(a) of Pub. L. 100-238, set out as a note

under section 4054 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section

702(a) of Pub. L. 99-335, set out as an Effective Date note under

section 8401 of Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4009, 4010, 4048, 4049,

4050, 4056, 4060, 4063, 4065, 4071j of this title.

-FOOTNOTE-

(!1) See Amendment of Section note below.

-End-

-CITE-

22 USC Sec. 4056 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

Part I - Foreign Service Retirement and Disability System

-HEAD-

Sec. 4056. Creditable service

-STATUTE-

(a) Applicability of civil service provisions

(1) (!1) Except as otherwise specified by law, all periods of

civilian and military and naval service, and all other periods

through the date of final separation of a participant from the

Service that the Secretary of State determines would be creditable

toward retirement under the Civil Service Retirement and Disability

System (as determined in accordance with section 8332 of title 5),

shall be creditable for purposes of this part. Conversely, any such

service performed after December 31, 1976, that would not be

creditable under specified conditions under section 8332 of title

5, shall be excluded under this part under the same conditions.

(2) The service of an individual who first becomes a participant

on or after October 17, 1983, without any credit under this section

for civilian service performed prior to October 1, 1982, shall

include credit for:

(A) each period of military or naval service performed before

January 1, 1957, and

(B) each period of military or naval service performed after

December 31, 1956, and before the separation on which the

entitlement to annuity under this part is based, only if a

deposit (with interest if any is required) is made with respect

to that period, as provided in section 4045(e) of this title.

(3) The service of an individual who first became a participant

on or after October 17, 1983, with credit under this section for

civilian service performed prior to October 1982, shall include

credit for each period of military or naval service performed

before the date of the separation on which the entitlement to an

annuity under this part is based, subject, in the case of military

or naval service performed after December 1956, to subsection (j)

of this section.

(4) The service of an individual who first became a participant

before October 17, 1983, shall include credit for each period of

military or naval service performed before the date of the

separation on which the entitlement to an annuity under this part

is based, subject, in the case of military or naval service

performed after December 1976, to subsection (j) of this section.

(b) Unused sick leave credit

In computing any annuity under this part, the total service of a

participant who retires on an immediate annuity or who dies leaving

a survivor or survivors entitled to annuity includes (without

regard to the 35-year limitation imposed by section 4046(a) of this

title) the days of unused sick leave to the credit of the

participant, except that these days shall not be counted in

determining average basic salary or annuity eligibility under this

part. A contribution to the Fund shall not be required from a

participant for this service credit.

without pay; arrangement for payment of retirement deductions and

agency contributions; special contribution

(1) A participant who enters on approved leave without pay to

serve as a full-time officer or employee of an organization

composed primarily of Government employees may, within 60 days

after entering on that leave without pay, file with the employing

agency an election to receive full retirement credit for such

periods of leave without pay and arrange to pay concurrently into

the Fund through the employing agency, amounts equal to the

retirement deductions and agency contributions on the Foreign

Service salary rate that would be applicable if the participant

were in a pay status. If the election and all payments provided by

this subsection are not made for the periods of such leave without

pay occurring after November 7, 1976, the participant may not

receive any credit for such periods of leave without pay occurring

after such date.

(2) A participant may make a special contribution for any period

or periods of approved leave without pay while serving before

November 7, 1976, as a full-time officer or employee of an

organization composed primarily of Government employees. Any such

contribution shall be based upon the suspended Foreign Service

salary rate and shall be computed in accordance with section 4045

of this title. A participant who makes such contributions shall be

allowed full retirement credit for the period or periods of leave

without pay. If this contribution is not made, up to 6 months'

retirement credit shall be allowed for such periods of leave

without pay each calendar year.

(d) Special contribution in repayment of refund of retirement

contributions

(!2) A participant who has received a refund of retirement

contributions (which has not been repaid) under this or any other

retirement system for Government employees covering service which

may be creditable may make a special contribution for such service

under section 4045 of this title. Credit may not be allowed for

service covered by the refund unless the special contribution is

made.

(e) Civilian service under other Government retirement system

No credit in annuity computation shall be allowed for any period

of civilian service for which a participant made retirement

contributions to another retirement system for Government employees

unless -

(1) the right to any annuity under the other system which is

based on such service is waived, and

(2) a special contribution is made under section 4045 of this

title covering such service.

(f) Service in military during period of war or national emergency

A participant who during a period of war, or national emergency

proclaimed by the President or declared by the Congress, leaves the

Service to enter the military service is deemed, for the purpose of

this part, as not separated from the Service unless the participant

applies for and receives a lump-sum payment under section 4055 of

this title. However, the participant is deemed to be separated from

the Service after the expiration of 5 years of such military

service.

(g) Recomputation of annuity for participants of Japanese ancestry

interned during World War II

(1) An annuity or survivor annuity based on the service of a

participant of Japanese ancestry who would be eligible under

section 8332(l) of title 5, for credit for civilian service for

periods of internment during World War II shall, upon application

to the Secretary of State, be recomputed to give credit for that

service. Any such recomputation of an annuity shall apply with

respect to months beginning more than 30 days after the date on

which application for such recomputation is received by the

Secretary of State.

(2) The Secretary of State shall take such action as may be

necessary and appropriate to inform individuals entitled to have

any service credited or annuity recomputed under this subsection of

their entitlement to such credit or recomputation.

(3) The Secretary of State shall, on request, assist any

individual referred to in paragraph (1) in obtaining from any

agency or other Government establishment information necessary to

verify the entitlement of the individual to have any service

credited or any annuity recomputed under this subsection.

(4) Any agency or other Government establishment shall, upon

request, furnish to the Secretary of State any information it

possesses with respect to the internment or other detention, as

described in section 8332(l) of title 5, of any participant.

(h) Service as employees of Member or office of Congress while on

approved leave without pay

A participant who, while on approved leave without pay, serves as

a full-time paid employee of a Member or office of the Congress

shall continue to make contributions to the Fund based upon the

Foreign Service salary rate that would be in effect if the

participant were in a pay status. The participant's employing

office in the Congress shall make a matching contribution (from the

appropriation or fund which is used for payment of the salary of

the participant) to the Treasury of the United States to the credit

of the Fund. All periods of service for which full contributions to

the Fund are made under this subsection shall be counted as

creditable service for purposes of this part and shall not, unless

all retirement credit is transferred, be counted as creditable

service under any other Government retirement system.

(i) Former spouses

(1) Service of a participant shall be considered creditable

service for purposes of applying provisions of this part relating

to former spouses if such service would be creditable -

(A) under subsection (c)(1) or (2) of this section but for the

fact an election was not made under subsection (c)(1) of this

section or a special contribution was not made under subsection

(c)(2) of this section, and

(B) under subsection (d) of this section but for the fact that

a refund of contributions has not been repaid unless the former

spouse received under this part a portion of the lump sum (or a

spousal agreement or court order provided otherwise).

(2) A former spouse shall not be considered as married to a

participant for periods assumed to be creditable service under

section 4048(a) of this title or section 4049(e) of this title.

(j) Redetermination of credit for military and naval service

(1) Except as otherwise provided by statute or Executive Order,

section 8332(j) of title 5, relating to redetermination of credit

for military and naval service, shall be applied to annuities

payable under this part. The Secretary of State shall redetermine

service, and may request and obtain information from the Secretary

of Health and Human Services, as the Office of Personnel Management

is directed or authorized to do in section 8332(j).

(2) Section 8332(j) of title 5 shall not apply with respect to:

(A) the service of any individual who first became a

participant on or after October 17, 1983, without any credit

under this section for civilian service performed prior to

October 1982; or

(B) any military or naval service performed prior to 1957 by an

individual who first became a participant on or after October 17,

1983, with credit under this section for civilian service

performed prior to October 1982, or any period of military or

naval service performed after 1956 with respect to which the

participant has made a contribution (with interest if any is

required) under section 4045(e) of this title; or

any individual who first became a participant before October 17,

1983, or any period of military or naval service performed after

1976 with respect to which the participant has made a

contribution (with interest if any is required) under section

4045(e) of this title.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 816, Oct. 17, 1980, 94 Stat. 2118;

Ex. Ord. No. 12446, Sec. 4(b), (c), Oct. 17, 1983, 48 F.R. 48444,

48445; Pub. L. 99-335, title IV, Sec. 402(a)(2), June 6, 1986, 100

Stat. 609; Pub. L. 101-246, title I, Sec. 145(a), Feb. 16, 1990,

104 Stat. 36.)

-STATAMEND-

AMENDMENT OF SECTION

Section 5 of Ex. Ord. No. 12446, Oct. 17, 1983, 48 F.R. 48445,

set out as a note under section 4067 of this title, provided that:

"(a) Section 816(a) of the Act (22 U.S.C. 4056(a)) is deemed to

be further amended so that the provisions of section 8332(j) of

Title 5 of the United States Code, relating to credit for military

service, shall not apply with respect to any individual who is

entitled to an annuity under such Act [this chapter] on or before

the date of approval of this Order [Oct. 17, 1983], or who is

entitled to an annuity based on a separation from service occurring

on or before such date.

"(b) Subject to subsection (c), in any case in which an

individual described in subsection (a) is also entitled to old-age

or survivors insurance benefits under section 202 of the Social

Security Act [42 U.S.C. 402] (or would be entitled to such benefits

upon filing application therefor), the amount of the annuity to

which such individual is entitled under chapter 8 of the Act [this

subchapter] (after taking into account subsection (a)) which is

payable for any month shall be reduced by an amount determined by

multiplying the amount of such old-age or survivors insurance

benefit for the determination month by a fraction -

"(1) the numerator of which is the total of the wages (within

the meaning of section 209 of the Social Security Act [42 U.S.C.

409]) for service referred to in section 210(1) of such Act [42

U.S.C. 410] (relating to service in the uniformed services) and

deemed additional wages (within the meaning of section 229 of

such Act [42 U.S.C. 429]) of such individual credited for years

after 1956 and before the calendar year in which the

determination month occurs, up to the contribution and benefit

base determined under section 230 of the Social Security Act [42

U.S.C. 430] (or other applicable maximum annual amount referred

to in section 215(e)(1) of such Act [42 U.S.C. 415(e)(1)]) for

each such year, and

"(2) the denominator of which is the total of all wages deemed

additional wages described in paragraph (1) of this subsection

plus all other wages (within the meaning of section 209 of the

Social Security Act [42 U.S.C. 409]) and all self-employment

income (within the meaning of section 211(b) of such Act [42

U.S.C. 411(b)]) of such individual credited for years after 1936

and before the calendar year in which the determination month

occurs, up to the contribution and benefit base (or such other

amount referred to in such section 215(e)(1) of such Act [42

U.S.C. 415(e)(1)]) for each such year.

"(c) Subsection (b) shall not reduce the annuity of any

individual below the amount of the annuity which would be payable

under chapter 8 of the Act [this subchapter] to the individual for

the determination month if section 8332(j) of Title 5 of the United

States Code applied to the individual for such month.

"(d) For purposes of this section, the term 'determination month'

means -

"(1) the first month the individual described in subsection (a)

is entitled to old-age or survivors insurance benefits under

section 202 of the Social Security Act [42 U.S.C. 402] (or would

be entitled to such benefits upon filing application therefor);

"(2) the first day of the month following the month in which

this Order is issued [Oct. 1983] in the case of any individual so

entitled to such benefits for such month.

"(e) The preceding provisions of this section shall take effect

with respect to any annuity payment payable under chapter 8 of the

Act [this subchapter] for calendar months beginning after the date

of this Order [Oct. 17, 1983].

"(f) The Secretary of Health and Human Services shall furnish

such information to the Secretary of State as may be necessary to

carry out the preceding provisions of this section."

Section 1(b) and (c) of Ex. Ord. No. 12446 provided that

subsection (d) of this section, applicable (i) to contributions for

civilian service performed on or after the first day of Nov. 1983,

(ii) to contributions for prior refunds to participants for which

application is received by the employing agency on and after such

first day of Nov. 1983, and (iii) to excess contributions under

section 4055(h) of this title and voluntary contributions under

section 4065(a) of this title from the first day of Nov. 1983, is

deemed to be amended to exclude from the computation of creditable

civilian service under subsec. (a) of this section any period of

civilian service for which retirement deductions or contributions

have not been made under section 4045(d) of this title unless -

(1) the participant makes a contribution for such period as

provided in such section 4045(d) of this title; or

(2) no contribution is required for such service as provided

under section 4045(f) of this title as deemed to be amended by this

Order, or under any other statute.

-MISC1-

AMENDMENTS

1990 - Subsec. (i)(2). Pub. L. 101-246 amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "A former

spouse shall not be considered as married to a participant -

"(A) for periods assumed to be creditable service under section

4048(a) of this title or section 4049(e) of this title, or

"(B) for any extra period of creditable service provided under

section 4057 of this title for service of a participant at an

unhealthful post unless the former spouse resided with the

participant at that post during that period."

1986 - Subsecs. (a), (b), (f), (h), (i)(1), (j)(1). Pub. L.

99-335 substituted "part" for "subchapter" wherever appearing.

1983 - Subsec. (a). Ex. Ord. No. 12446, Sec. 4(b), designated

existing provisions as par. (1) and added pars. (2) to (4).

Subsec. (j). Ex. Ord. No. 12446, Sec. 4(c), added subsec. (j).

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section

702(a) of Pub. L. 99-335, set out as an Effective Date note under

section 8401 of Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by section 4 of Ex. Ord. No. 12446 effective Oct. 17,

1983, see section 4(e) of Ex. Ord. No. 12446, set out under section

4067 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2504, 4044, 4045, 4046,

4055, 4063 of this title.

-FOOTNOTE-

(!1) See Amendment of Section note below.

(!2) See Amendment of Section note below.

-End-

-CITE-

22 USC Sec. 4057 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

Part I - Foreign Service Retirement and Disability System

-HEAD-

Sec. 4057. Extra credit for service at unhealthful posts

-STATUTE-

The Secretary of State may from time to time establish a list of

places which by reason of climatic or other extreme conditions are

to be classed as unhealthful posts. Each year of duty at such

posts, inclusive of regular leaves of absence, shall be counted as

one and a half years in computing the length of the service of a

participant for the purpose of retirement, fractional months being

considered as full months in computing such service. No such extra

credit for service at such unhealthful posts shall be credited to

any participant who is paid a differential under section 5925 or

5928 of title 5 for such service. Such extra credit may not be used

to determine the eligibility of a person to qualify as a former

spouse under this part, or to compute the pro rata share under

section 4044(10) of this title. No extra credit for service at

unhealthful posts may be given under this section for any service

as part of a tour of duty, or extension thereof, beginning on or

after February 16, 1990.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 817, Oct. 17, 1980, 94 Stat. 2120;

Pub. L. 101-246, title I, Sec. 145(b), Feb. 16, 1990, 104 Stat.

37.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-246 inserted provisions at end that extra

credit not be used to determine eligibility to qualify as former

spouse under this part or to compute the pro rata share under

section 4044(10) of this title and that no extra credit for service

at unhealthful posts be given under this section for any service as

part of a tour of duty, or extension thereof, beginning on or after

Feb. 16, 1990.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4046, 4071a of this

title.

-End-

-CITE-

22 USC Sec. 4058 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

Part I - Foreign Service Retirement and Disability System

-HEAD-

Sec. 4058. Estimate of appropriations needed

-STATUTE-

The Secretary of the Treasury shall prepare the estimates of the

annual appropriations required to be made to the Fund, and shall

make actuarial valuations of the System at intervals of not more

than five years. The Secretary of State may expend from money to

the credit of the Fund an amount not exceeding $5,000 per year for

the incidental expenses necessary in administering the provisions

of this part, including actuarial advice.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 818, Oct. 17, 1980, 94 Stat. 2120;

Pub. L. 99-335, title IV, Sec. 402(a)(2), June 6, 1986, 100 Stat.

609.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-335 substituted "part" for "subchapter".

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section

702(a) of Pub. L. 99-335, set out as an Effective Date note under

section 8401 of Title 5, Government Organization and Employees.

-End-

-CITE-

22 USC Sec. 4059 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

Part I - Foreign Service Retirement and Disability System

-HEAD-

Sec. 4059. Investment of Fund

-STATUTE-

The Secretary of the Treasury shall invest from time to time in

interest-bearing securities of the United States such portions of

the Fund as in the judgment of the Secretary of the Treasury may

not be immediately required for the payment of annuities, cash

benefits, refunds, and allowances. The income derived from such

investments shall constitute a part of the Fund.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 819, Oct. 17, 1980, 94 Stat. 2120.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4071a of this title.

-End-

-CITE-

22 USC Sec. 4060 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

Part I - Foreign Service Retirement and Disability System

-HEAD-

Sec. 4060. Assignment and attachment of moneys

-STATUTE-

(a) Annuities and severance pay benefits

(1) An individual entitled to an annuity from the Fund may make

allotments or assignments of amounts from such annuity for such

purposes as the Secretary of State in his or her sole discretion

considers appropriate.

(2) Notwithstanding section 3727 of title 31 or any other law, a

member of the Service who is entitled to receive benefits under

section 4009(b)(1) of this title may assign to any person the whole

or any part of those benefits. Any such assignment shall be on a

form approved by the Secretary of the Treasury and a copy of such

assignment form shall be deposited with the Secretary of the

Treasury by the member executing the assignment.

(b) Participants or annuitants having former spouses

(1)(A) In the case of any participant or annuitant who has a

former spouse who is covered by a court order or who is a party to

a spousal agreement -

(i) any right of the former spouse to any annuity under section

4054(a) of this title in connection with any retirement or

disability annuity of the participant, and the amount of any such

annuity;

(ii) any right of the former spouse to a survivor annuity under

section 4054(b) or (c) of this title, and the amount of any such

annuity; and

(iii) any right of the former spouse to any payment of a

lump-sum credit under section 4055(a) or (b) of this title;

shall be determined in accordance with that spousal agreement or

court order, if and to the extent expressly provided for in the

terms of that spousal agreement or court order.

(B) This paragraph shall not apply in the case of any spousal

agreement or court order which, as determined by the Secretary of

State -

(i) would provide for a survivor annuity for a spouse or any

former spouse of a participant with respect to which there has

not been an annuity reduction (or a salary reduction or payment

under section 4054(c)(3) of this title); or

(ii) is otherwise inconsistent with the requirements of this

part.

(2) Except with respect to obligations between participants and

former spouses, payments under this part which would otherwise be

made to a participant or annuitant based upon his or her service

shall be paid (in whole or in part) by the Secretary of State to

another individual to the extent expressly provided for in the

terms of any order or any court decree of legal separation, or the

terms of any court order or court-approved property settlement

agreement incident to any court decree of legal separation.

(3) Paragraphs (1) and (2) shall apply only to payments made

under this part for periods beginning after the date of receipt by

the Secretary of State of written notice of such decree, order, or

agreement, and such additional information and such documentation

as the Secretary of State may require.

(4) Any payment under this subsection to an individual bars

recovery by any other individual.

(5) The 10-year requirement of section 4044(b)(6) of this title,

or any other provision of this part, shall not be construed to

affect the rights any spouse or individual formerly married to a

participant or annuitant may have, under any law or rule of law of

any State or the District of Columbia, with respect to an annuity

of a participant or annuitant under this part.

None of the moneys mentioned in this part shall be assignable

either in law or equity, except under subsection (a) or (b) of this

section, or subject to execution, levy, attachment, garnishment, or

other legal process, except as otherwise may be provided by Federal

law.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 820, Oct. 17, 1980, 94 Stat. 2120;

Pub. L. 99-335, title IV, Sec. 402(a)(2), June 6, 1986, 100 Stat.

609.)

-COD-

CODIFICATION

In subsec. (a)(2), "section 3727 of title 31" substituted for

"section 3477 of the Revised Statutes of the United States (31

U.S.C. 203)" on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13,

1982, 96 Stat. 1067, the first section of which enacted Title 31,

Money and Finance.

-MISC1-

AMENDMENTS

1986 - Subsecs. (b)(1)(B)(ii), (2), (3), (5), (c). Pub. L. 99-335

substituted "this part" for "this subchapter" wherever appearing.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section

702(a) of Pub. L. 99-335, set out as an Effective Date note under

section 8401 of Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4046, 4054, 4055, 4064,

4159 of this title.

-End-

-CITE-

22 USC Sec. 4061 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

Part I - Foreign Service Retirement and Disability System

-HEAD-

Sec. 4061. Payments for future benefits

-STATUTE-

(a) Statutes deemed to authorize appropriations to Fund to finance

unfunded liability

Any statute which authorizes -

(1) new or liberalized benefits payable from the Fund under

this part, including annuity increases other than under section

4065 of this title;

(2) extension of the benefits of the System to new groups of

employees; or

(3) increases in salary on which benefits are computed;

is deemed to authorize appropriations to the Fund to finance the

unfunded liability created by that statute, in 30 equal annual

installments with interest computed at the rate used in the then

most recent valuation of the System and with the first payment

thereof due as of the end of the fiscal year in which each new or

liberalized benefit, extension of benefits, or increase in salary

is effective.

(b) Authorization of appropriations to Fund

There is authorized to be appropriated to the Fund for each

fiscal year an amount equal to the amount of the Foreign Service

normal cost for that year which is not met by contributions to the

Fund under section 4045(a) of this title.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 821, Oct. 17, 1980, 94 Stat. 2121;

Pub. L. 99-335, title IV, Sec. 402(a)(3), June 6, 1986, 100 Stat.

609.)

-MISC1-

AMENDMENTS

1986 - Subsec. (a)(1). Pub. L. 99-335 inserted "under this part"

after "payable from the Fund".

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section

702(a) of Pub. L. 99-335, set out as an Effective Date note under

section 8401 of Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4044, 4062 of this title.

-End-

-CITE-

22 USC Sec. 4062 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

Part I - Foreign Service Retirement and Disability System

-HEAD-

Sec. 4062. Unfunded liability obligations

-STATUTE-

(a) Notice of interest and military service credit

At the end of each fiscal year, the Secretary of State shall

notify the Secretary of the Treasury of the amount equivalent to -

(1) interest on the unfunded liability computed for that year

at the interest rate used in the then most recent valuation of

the System, and

(2) that portion of disbursement for annuities for that year

which the Secretary of State estimates is attributable to credit

allowed for military and naval service, less an amount determined

by the Secretary of State to be appropriate to reflect the value

of the deposits made to the credit of the Fund under section

4045(e) of this title.

(b) Credit to Fund

Before closing the accounts for each fiscal year, the Secretary

of the Treasury shall credit such amounts to the Fund, as a

Government contribution, out of any money in the Treasury of the

United States not otherwise appropriated.

Requests for appropriations to the Fund under section 4061(b) of

this title shall include reports to the Congress on the sums

credited to the Fund under this section.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 822, Oct. 17, 1980, 94 Stat. 2121;

Ex. Ord. No. 12446, Sec. 4(d), Oct. 17, 1983, 48 F.R. 48445.)

-MISC1-

AMENDMENTS

1983 - Subsec. (a)(2). Ex. Ord. No. 12446 inserted ", less an

amount determined by the Secretary of State to be appropriate to

reflect the value of the deposits made to the credit of the Fund

under section 4045(e) of this title".

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Ex. Ord. No. 12446 effective Oct. 17, 1983, see

section 4(e) of Ex. Ord. No. 12446, set out under section 4067 of

this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a report required under subsec. (c) of this section is listed

on page 127), see section 3003 of Pub. L. 104-66, as amended, set

out as a note under section 1113 of Title 31, Money and Finance.

-End-

-CITE-

22 USC Sec. 4063 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

Part I - Foreign Service Retirement and Disability System

-HEAD-

Sec. 4063. Annuity adjustment for recall service

-STATUTE-

(a) Full salary in lieu of annuity; contributions to Fund;

resumption of annuity with cost-of-living adjustment

Any annuitant recalled to duty in the Service under section

3948(a) of this title shall, while so serving, be entitled in lieu

of annuity to the full salary of the class in which serving. During

such service the recalled annuitant shall make contributions to the

Fund in accordance with section 4045 of this title. On the day

following termination of the recall service, the former annuity

shall be resumed, adjusted by any cost-of-living increases under

section 4065 of this title that became effective during the recall

period.

(b) Refund of contributions to Fund; election for supplemental

annuity or determination of annuity anew; prior service counted

as recall service

If the recall service lasts less than one year, the contributions

of the annuitant to the Fund during recall service shall be

refunded in accordance with section 4055 of this title. If the

recall service lasts more than one year, the annuitant may, in lieu

of such refund, elect a supplemental annuity computed under section

4046 of this title on the basis of service credit and average

salary earned during the recall period irrespective of the number

of years of service credit previously earned. If the recall service

continues for at least 5 years, the annuitant may elect to have his

or her annuity determined anew under section 4046 of this title in

lieu of any other benefits under this section. Any annuitant who is

recalled under section 3948 of this title may upon written

application count as recall service any prior service that is

creditable under section 4056 of this title that was performed

after the separation upon which his or her annuity is based.

If an annuitant becomes subject to part II of this subchapter by

reason of recall service -

(1) subsections (a) and (b) of this section shall not apply to

such annuitant; and

(2) section 4064 of this title shall apply to the recall

service as if such service were reemployment.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 823, Oct. 17, 1980, 94 Stat. 2122;

Pub. L. 99-335, title IV, Sec. 409, June 6, 1986, 100 Stat. 612.)

-MISC1-

AMENDMENTS

1986 - Subsec. (c). Pub. L. 99-335 added subsec. (c).

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section

702(a) of Pub. L. 99-335, set out as an Effective Date note under

section 8401 of Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4046, 4049, 4055 of this

title.

-End-

-CITE-

22 USC Sec. 4064 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

Part I - Foreign Service Retirement and Disability System

-HEAD-

Sec. 4064. Reemployment

-STATUTE-

(a) Termination of annuity; coverage under same retirement system

or another contributory retirement system; rights and benefits

(1)(A) (!1) Except in the case of an annuitant who makes an

election under subsection (b) of this section or in the case of a

waiver under subsection (g) of this section, if any former

participant, who has retired and is receiving an annuity under this

part or part II of this subchapter, becomes employed in an

appointive or elective position in the Government, payment of any

annuity under either part to the annuitant shall terminate

effective on the date of the employment and the reemployment

service shall be covered service under the rules of the system

under which the appointment is made.

(B) If the annuity of an individual is terminated under

subparagraph (A) and that individual becomes covered under the same

retirement system from which that annuity is terminated, that

individual shall be entitled to a redetermination of rights under

that system upon termination of the employment.

covered under another contributory retirement system for Government

employees pursuant to paragraph (A), the individual shall be

entitled to benefits under the rules of that system. In addition,

the individual shall be entitled to a resumption of any annuity

terminated by reason of the employment.

(b) Part-time, intermittent, or temporary employment; election to

continue receiving annuity; reduction in amount of annuity;

resumption of full annuity

(1) A participant who is entitled to an annuity under this part

or part II of this subchapter and becomes employed in an appointive

or elective position in the Government on a part-time,

intermittent, or temporary basis may elect to continue to receive

either or both annuities as provided in this subsection.

(2) The total annuity payable under this subchapter to an

annuitant making an election under paragraph (1) shall be reduced

during the part-time, intermittent, or temporary employment

referred to in paragraph (1) as necessary to meet the requirements

of paragraph (3).

(3)(A) The sum of -

(i) the total annuity payable under this subchapter to an

annuitant making an election under paragraph (1), and

(ii) the annual rate of pay payable to the annuitant during the

part-time, intermittent, or temporary employment referred to in

paragraph (1),

may not exceed, in any calendar year, the amount described in

subparagraph (B).

(B) The amount referred to in subparagraph (A) is the greater of

(i) the highest annual rate of basic pay which is payable

during such year for full-time employment in the position in

which the annuitant is employed, or

(ii) the basic pay the annuitant was entitled to receive under

this chapter on the date of retirement from the Service.

annuity earned by the reemployed member based on his or her service

irrespective of whether or not the amount payable is reduced by the

amount of an annuity payable under section 4054 or 4060(b) of this

title.

(4) Upon termination of the part-time, intermittent, or temporary

employment referred to in paragraph (1), payment of the full

annuity of an annuitant who has made an election under paragraph

(1) of this subsection shall resume.

redetermination of rights

The amount of annuity which has been terminated or reduced under

this section by reason of the reemployment of the annuitant and is

resumed under this section shall be the amount of the annuity which

would have been payable if the annuitant had not accepted the

reemployment. The amount of an annuity resulting from a

redetermination of rights pursuant to subsection (a) of this

section shall not be less than the amount of an annuity resumed

under the previous sentence.

(d) Annuity rights to be determined under this section

The annuity rights of any participant who is reemployed in the

Government shall be determined under this section instead of

section 8468 of title 5.

(e) Notice; direct payment of salary

When any such retired participant is reemployed, the employer

shall send a notice of such reemployment to the Secretary of State,

together with all pertinent information relating to such

employment, and shall pay directly to such participant the salary

of the position in which he or she is serving.

(f) Recovery of overpayment

In the event of any overpayment under this section, such

overpayment shall be recovered by withholding the amount involved

from the salary payable to such reemployed participant or from any

other moneys, including annuity payments, payable under this

subchapter.

(g) Waiver

The Secretary of State may waive the application of the

paragraphs (a) through (d) of this section, on a case-by-case

basis, for an annuitant reemployed on a temporary basis, but only

if, and for so long as, the authority is necessary due to an

emergency involving a direct threat to life or property or other

unusual circumstances.

(h) Effects of waiver

A reemployed annuitant as to whom a waiver under subsection (g)

of this section is in effect shall not be considered a participant

for purposes of this part or part II of this subchapter, or an

employee for purposes of chapter 83 or 84 of title 5.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 824, Oct. 17, 1980, 94 Stat. 2122;

Pub. L. 99-335, title IV, Secs. 402(a)(2), 410, June 6, 1986, 100

Stat. 609, 613; Pub. L. 99-556, title IV, Sec. 403, Oct. 27, 1986,

100 Stat. 3136; Pub. L. 105-277, div. C, title I, Sec. 103, Oct.

21, 1998, 112 Stat. 2681-585.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-277, which directed amendment of section 824

of the Foreign Service Act, in subsec. (a)(1)(A), by inserting "or

in the case of a waiver under subsection (g) of this section" after

"subsection (b) of this section", and by adding subsecs. (g) and

(h), was executed to this section, which is section 824 of the

Foreign Service Act of 1980, to reflect the probable intent of

Congress.

1986 - Subsec. (a). Pub. L. 99-335, Sec. 410, amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows:

"Notwithstanding any other law, any member of the Service who has

retired and is receiving an annuity under this part, and who is

reemployed in the Government service in any part-time or full-time

appointive position, shall be entitled to receive the salary of the

position in which he or she is serving plus so much of the annuity

payable under this part which when combined with such salary does

not exceed during any calendar year the basic salary the member was

entitled to receive under this chapter on the date of retirement

from the Service. Any such reemployed member of the Service who

receives salary during any calendar year in excess of the maximum

amount which he or she may be entitled to receive under this

subsection shall be entitled to such salary in lieu of benefits

under this part."

Pub. L. 99-335, Sec. 402(a)(2), substituted "this part" for "this

subchapter" in three places.

Subsec. (b). Pub. L. 99-335, Sec. 410, amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "When

any such retired member of the Service is reemployed, the employer

shall send a notice of such reemployment to the Secretary of State,

together with all pertinent information relating to such

employment, and shall pay directly to such member the salary of the

position in which he or she is serving."

Subsec. (b)(3). Pub. L. 99-556, Sec. 403, amended par. (3)

generally. Prior to amendment, par. (3) read as follows: "The sum

of -

"(A) the total annuity payable under this subchapter to an

annuitant making an election under paragraph (1), and

"(B) the annual rate of pay payable to the annuitant during the

part-time, intermittent, or temporary employment referred to in

paragraph (1),

may not exceed, in any calendar year, the highest annual rate of

pay which is payable during such year for full-time employment in

the position in which the annuitant is employed."

Subsec. (c). Pub. L. 99-335, Sec. 410, amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "In the

event of any overpayment under this section, such overpayment shall

be recovered by withholding the amount involved from the salary

payable to such reemployed member of the Service or from any other

moneys, including annuity payments, payable under this part."

Pub. L. 99-335, Sec. 402(a)(2), substituted "this part" for "this

subchapter".

EFFECTIVE DATE OF 1986 AMENDMENTS

Amendment by Pub. L. 99-556 effective Jan. 1, 1987, and

applicable to any individual in a reemployed status on or after

that date, see section 408 of Pub. L. 99-556, set out as a note

under section 4046 of this title.

Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section

702(a) of Pub. L. 99-335, set out as an Effective Date note under

section 8401 of Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2512, 4054, 4063 of this

title.

-FOOTNOTE-

(!1) So in original. No par. (2) has been enacted.

-End-

-CITE-

22 USC Sec. 4065 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

Part I - Foreign Service Retirement and Disability System

-HEAD-

Sec. 4065. Voluntary contribution account

-STATUTE-

(a) Composition; election and return

(!1) The voluntary contribution account shall be the sum of

unrefunded amounts voluntarily contributed prior to February 15,

1981, by any participant or former participant under any prior law

authorizing such contributions to the Fund, plus interest

compounded at the rate of 3 percent per year to the date of

separation from the Service or (in case of participant or former

participant separated with entitlement to a deferred annuity) to

the date the voluntary contribution account is claimed, the

commencing date fixed for the deferred annuity, or the date of

death, whichever is earlier. Effective on the date the participant

becomes eligible for an annuity or a deferred annuity and at the

election of the participant, his or her account shall be -

(1) returned in a lump sum;

(2) used to purchase an additional life annuity;

(3) used to purchase an additional life annuity for the

participant and to provide for a cash payment on his or her death

to a beneficiary whose name shall be notified in writing to the

Secretary of State by the participant; or

(4) used to purchase an additional life annuity for the

participant and a life annuity commencing on his or her death

payable to a beneficiary whose name shall be notified in writing

to the Secretary of State by the participant, with a guaranteed

return to the beneficiary or his or her legal representative of

an amount equal to the cash payment referred to in paragraph (3).

(b) Computation of benefits

The benefits provided by subsection (a)(2), (3), or (4) of this

section shall be actuarially equivalent in value to the payment

provided for by subsection (a)(1) of this section and shall be

calculated upon such tables of mortality as may be from time to

time prescribed for this purpose by the Secretary of the Treasury.

A voluntary contribution account shall be paid in a lump sum

following receipt of an application therefor from a present or

former participant if application is filed prior to payment of any

additional annuity. If not sooner paid, the account shall be paid

at such time as the participant separates from the Service for any

reason without entitlement to an annuity or a deferred annuity or

at such time as a former participant dies or withdraws compulsory

contributions to the Fund. In case of death, the account shall be

paid in the order of precedence specified in section 4055(f) of

this title.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 825, Oct. 17, 1980, 94 Stat. 2122.)

-STATAMEND-

AMENDMENT OF SECTION

Section 1(a) and (c) of Ex. Ord. No. 12446, Oct. 17, 1983, 48

F.R. 48443, set out as a note under section 4067 of this title,

provided that the first sentence of subsection (a) of this section,