1. U.S. Code
  2. title 22
  3. chapter 52
  4. subchapter VIII
  5. part I
  6. § 4043

Collapse to view only § 4043. Participants

§ 4041. Administration

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).

(Pub. L. 96–465, title I, § 801, Oct. 17, 1980, 94 Stat. 2102; Pub. L. 99–335, title IV, § 402(a)(2), June 6, 1986, 100 Stat. 609.)

CITE AS: 22 USC 4041

§ 4042. Maintenance of Fund

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).

(Pub. L. 96–465, title I, § 802, Oct. 17, 1980, 94 Stat. 2102; Pub. L. 99–335, title IV, § 402(a)(2), June 6, 1986, 100 Stat. 609.)

CITE AS: 22 USC 4042

§ 4043. Participants
(a) Career appointees or candidates; chiefs of missionExcept as provided in subsection (d), 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
(c) Binational Center Grantees
(d) Exclusion
(Pub. L. 96–465, title I, § 803, Oct. 17, 1980, 94 Stat. 2102; Pub. L. 99–335, title IV, §§ 402(a)(2), 414, June 6, 1986, 100 Stat. 609, 614.)

CITE AS: 22 USC 4043

§ 4044. DefinitionsAs 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
(C) who—
(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 1
1 See Change of Name note below.
of the Public Health Service after June 30, 1960, or
(C) as a commissioned officer of the National Oceanic and 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 that participant is of (B) the total number of years of such creditable service (creditable under part I or II);
(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
(C) the Fund balance as of the date the unfunded liability is 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
(C) transferred directly to a position which is supervisory or administrative in nature after performing duties described in subparagraph (A) for at least 3 years.
(Pub. L. 96–465, title I, § 804, Oct. 17, 1980, 94 Stat. 2102; Pub. L. 99–335, title IV, §§ 402(a)(2), (3), 403, 404(a), June 6, 1986, 100 Stat. 609, 610; Pub. L. 100–238, title II, § 211, Jan. 8, 1988, 101 Stat. 1773; Pub. L. 105–382, § 2(a)(1), Nov. 13, 1998, 112 Stat. 3406.)

CITE AS: 22 USC 4044

§ 4045. Contributions to Fund
(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(e) of title 5, an amount equal to that to be withheld from a law enforcement officer pursuant to section 8422(a)(2)(B) 1
1 See References in Text note below.
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
(c) Transfer of contributions from other Government retirement fund
(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).
(d) Contribution for civilian service; creditability of interim service
(1) Any participant credited with civilian service after July 1, 1924—Special contributions for refunds under subparagraph (B) shall equal the amount of the refund received by the participant.
(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, inclusive

6½ 

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

7   

January 1, 1999, through December 31, 1999, inclusive

7.25

January 1, 2000, through December 31, 2000, inclusive

7.4 

After December 31, 2000

7   

(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
2 See Amendment of Section note below.
 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)(1) 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), 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
(g) Time of payment; offset against initial annuity accruals
(h) Computation of contributions for participants with certain creditable civilian service
(Pub. L. 96–465, title I, § 805, Oct. 17, 1980, 94 Stat. 2104; Ex. Ord. No. 12446, § 4(a), Oct. 17, 1983, 48 F.R. 48444; Pub. L. 99–335, title IV, §§ 402(a)(2), 405, June 6, 1986, 100 Stat. 609, 610; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–238, title II, § 212, Jan. 8, 1988, 101 Stat. 1773; Pub. L. 102–499, § 4(a), (b), Oct. 24, 1992, 106 Stat. 3265; Pub. L. 105–33, title VII, § 7001(d)(2)(C), (D), Aug. 5, 1997, 111 Stat. 660, 661; Pub. L. 105–382, § 2(b), (c), Nov. 13, 1998, 112 Stat. 3407; Pub. L. 106–346, § 101(a) [title V, § 505(d)(2)], Oct. 23, 2000, 114 Stat. 1356, 1356A–53; Pub. L. 107–228, div. A, title III, § 322(a)(2), Sept. 30, 2002, 116 Stat. 1384; Pub. L. 112–96, title V, § 5001(c)(2)(D), Feb. 22, 2012, 126 Stat. 200; Pub. L. 117–225, § 3(b)(2)(B)(i), Dec. 9, 2022, 136 Stat. 2296.)

CITE AS: 22 USC 4045

§ 4046. Computation of annuities
(a)1
1 See Amendment of Section note below.
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(e) 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(e) 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.
(C) For purposes of subparagraph (B), included with the years of 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.
(D)
(i) In this subparagraph—(I) the term “affected special agent” means an individual covered under this subchapter who—(aa) is performing service as a special agent;(bb) while on duty as a special agent, becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under section 4051 of this title;(cc) because of the illness or injury described in item (bb), is permanently unable to render useful and efficient service in the employee’s covered position, as determined by the Secretary; and(dd) is appointed to a position in the Foreign Service that is not a covered position; and(II) the term “covered position” means a position as—(aa) a law enforcement officer described in section 8331(20) or 8401(17) of title 5;(bb) a customs and border protection officer described in section 8331(31) or 8401(36) of title 5;(cc) a firefighter described in section 8331(21) or 8401(14) of title 5;(dd) an air traffic controller described in section 8331(30) or 8401(35) of title 5;(ee) a nuclear materials courier described in section 8331(27) or 8401(33) of title 5;(ff) a member of the United States Capitol Police;(gg) a member of the Supreme Court Police;(hh) an employee of the Agency designated under section 2152(a) of title 50; or(ii) a special agent.
(ii) Unless an affected special agent files an election described in clause (iv), creditable service by the affected special agent in a position described in clause (i)(I)(dd) shall be treated as creditable service as a special agent for purposes of this subchapter, including determining the amount to be deducted and withheld from the pay of the individual under section 4045 of this title.
(iii) Clause (ii) shall only apply if the special agent transitions to a position described in clause (i)(I)(dd) without a break in service exceeding 3 days.
(iv) The service of an affected employee shall no longer be eligible for treatment under clause (ii) if such service occurs after the employee is transferred to a supervisory or administrative position related to the activities of the former covered position of the employee.
(v) In accordance with procedures established by the Secretary, an affected special agent may file an election to have any creditable service performed by the affected special agent treated in accordance with this part, without regard to clause (ii).
(7) In the case of a special agent who becomes or became subject to part II—
(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), 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.
(C) If a participant or former participant has a former spouse, 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 2½ 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), 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.
(C) An annuity payable from the Fund under this part to a 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.
(c) Surviving children
(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
(e) Payment period for child
(f) Unmarried participants
(g) Marriage after retirement
(h) Election of benefits
(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
(k) Informing of rights by SecretaryThe Secretary of State shall, on an annual basis—
(1) inform each participant of his or her right of election under subsections (g) and (j); 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.
(l) Repealed. Pub. L. 100–238, title II, § 217(c)(1), Jan. 8, 1988, 101 Stat. 1775
(m) Offset of Social Security benefitsThe 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)) 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) 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)) 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).
(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.
(Pub. L. 96–465, title I, § 806, Oct. 17, 1980, 94 Stat. 2106; Pub. L. 99–335, title IV, §§ 402(a)(2), (3), 406, 407, June 6, 1986, 100 Stat. 609–611; Pub. L. 99–556, title IV, § 402, Oct. 27, 1986, 100 Stat. 3136; Pub. L. 100–238, title II, §§ 213, 214(a), 217(c)(1), Jan. 8, 1988, 101 Stat. 1774, 1775;

CITE AS: 22 USC 4046

§ 4047. Payment of annuity
(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
(C) a participant who serves 3 days or less in the month of 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
(c) Waiver
(d) Recovery of overpayment
(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.
(Pub. L. 96–465, title I, § 807, Oct. 17, 1980, 94 Stat. 2109; Ex. Ord. No. 12446, § 3(a), Oct. 17, 1983, 48 F.R. 48443; Pub. L. 99–335, title IV, §§ 402(a)(2), 408, June 6, 1986, 100 Stat. 609, 612; Pub. L. 103–66, title XI, § 11002(b), Aug. 10, 1993, 107 Stat. 409.)

CITE AS: 22 USC 4047

§ 4048. Retirement for disability or incapacity
(a) Causes; service credit
(b) Physical examination; reinstatement or reappointment upon recovery; fees and expenses; duration and suspension of annuity
(c) Benefits upon discontinuance of annuity
(d) Election of benefits; concurrent benefits allowed
(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
(Pub. L. 96–465, title I, § 808, Oct. 17, 1980, 94 Stat. 2110; Ex. Ord. No. 12289, § 2, Feb. 14, 1981, 46 F.R. 12693; Pub. L. 99–335, title IV, § 402(a)(2), (b), June 6, 1986, 100 Stat. 609; Pub. L. 100–238, title II, § 215(a), Jan. 8, 1988, 101 Stat. 1774; Pub. L. 102–54, § 13(h)(2), June 13, 1991, 105 Stat. 275.)

CITE AS: 22 USC 4048

§ 4049. Death in service
(a) Lump-sum credit
(b) Surviving spouse
(c) Surviving spouse or former spouse, and children
(d) Surviving children
(e) Service credit; presumption of qualification
(f) Recall service
(g) Limitation on surviving spouse’s annuity
(h) Commencement, termination, and resumption of annuities
(Pub. L. 96–465, title I, § 809, Oct. 17, 1980, 94 Stat. 2111; Pub. L. 99–335, title IV, § 402(a)(2), (c), June 6, 1986, 100 Stat. 609; Pub. L. 100–238, title II, §§ 214(b), 215(b), Jan. 8, 1988, 101 Stat. 1774.)

CITE AS: 22 USC 4049

§ 4050. Discontinued service retirement

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.

(Pub. L. 96–465, title I, § 810, Oct. 17, 1980, 94 Stat. 2112.)

CITE AS: 22 USC 4050

§ 4051. Voluntary retirement

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

(Pub. L. 96–465, title I, § 811, Oct. 17, 1980, 94 Stat. 2112; Pub. L. 100–238, title II, § 216, Jan. 8, 1988, 101 Stat. 1774.)

CITE AS: 22 USC 4051

§ 4052. Mandatory retirement
(a)
(1) Except as provided in subsection (b), 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)(1) 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) 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) 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.
(Pub. L. 96–465, title I, § 812, Oct. 17, 1980, 94 Stat. 2113; Pub. L. 101–513, title V, § 587(b), Nov. 5, 1990, 104 Stat. 2056; Pub. L. 102–499, § 4(c), Oct. 24, 1992, 106 Stat. 3265; Pub. L. 105–382, § 3, Nov. 13, 1998, 112 Stat. 3408; Pub. L. 117–225, § 3(b)(2)(B)(ii), Dec. 9, 2022, 136 Stat. 2296.)

CITE AS: 22 USC 4052

§ 4053. Reassignment and retirement of former Presidential appointees
(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
(c) Retirement of reemployed participants
(Pub. L. 96–465, title I, § 813, Oct. 17, 1980, 94 Stat. 2113; Pub. L. 102–138, title I, § 149, Oct. 28, 1991, 105 Stat. 670; Pub. L. 103–236, title I, § 174, Apr. 30, 1994, 108 Stat. 413.)

CITE AS: 22 USC 4053

§ 4054. Former spouses
(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.
(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) 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) 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.
(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.
(C) After the death of a participant or former participant, a 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.
(c) Additional survivor annuity
(1) In the case of any participant or former participant providing a survivor annuity benefit under subsection (b) 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
(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, or
(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.
(C) If a former spouse predeceases the participant or remarries 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.
(Pub. L. 96–465, title I, § 814, Oct. 17, 1980, 94 Stat. 2113; Pub. L. 97–241, title I, § 125(2), Aug. 24, 1982, 96 Stat. 282; Pub. L. 99–335, title IV, §§ 402(a)(2), (3), 404(b), June 6, 1986, 100 Stat. 609, 610; Pub. L. 100–238, title II, § 217(a), (b), (c)(2), Jan. 8, 1988, 101 Stat. 1775.)

CITE AS: 22 USC 4054

§ 4055. Lump-sum payments
(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;
(C) is not reemployed in a position in which the participant is 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).
(b) Recall service; return of contributions
(c) Difference between annuity and lump-sum credit
(d) Lack of eligible survivors
(e) Death of annuitant who was former participant
(f) Order of precedence for paymentsPayments under subsections (c) through (e) 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 annuitantAnnuity 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
(i) Former spousesUnless 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.
(Pub. L. 96–465, title I, § 815, Oct. 17, 1980, 94 Stat. 2116; Pub. L. 99–335, title IV, §§ 402(a)(2), 404(c), 413, June 6, 1986, 100 Stat. 609, 610, 614; Pub. L. 100–238, title II, § 218, Jan. 8, 1988, 101 Stat. 1775.)

CITE AS: 22 USC 4055

§ 4056. Creditable service
(a) Applicability of civil service provisions
(1)1
1 See Amendment of Section note below.
 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
(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).
(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).
(b) Unused sick leave credit
(c) Service with other Government agency when on approved leave 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
(e) Civilian service under other Government retirement systemNo 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
(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
(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) but for the fact an election was not made under subsection (c)(1) or a special contribution was not made under subsection (c)(2), and
(B) under subsection (d) 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
(C) any military or naval service performed prior to 1977 by 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.
(Pub. L. 96–465, title I, § 816, Oct. 17, 1980, 94 Stat. 2118; Ex. Ord. No. 12446, § 4(b), (c), Oct. 17, 1983, 48 F.R. 48444, 48445; Pub. L. 99–335, title IV, § 402(a)(2), June 6, 1986, 100 Stat. 609; Pub. L. 101–246, title I, § 145(a), Feb. 16, 1990, 104 Stat. 36.)

CITE AS: 22 USC 4056

§ 4057. Extra credit for service at unhealthful posts

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.

(Pub. L. 96–465, title I, § 817, Oct. 17, 1980, 94 Stat. 2120; Pub. L. 101–246, title I, § 145(b), Feb. 16, 1990, 104 Stat. 37.)

CITE AS: 22 USC 4057

§ 4058. Estimate of appropriations needed

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.

(Pub. L. 96–465, title I, § 818, Oct. 17, 1980, 94 Stat. 2120; Pub. L. 99–335, title IV, § 402(a)(2), June 6, 1986, 100 Stat. 609.)

CITE AS: 22 USC 4058

§ 4059. Investment of Fund

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.

(Pub. L. 96–465, title I, § 819, Oct. 17, 1980, 94 Stat. 2120.)

CITE AS: 22 USC 4059

§ 4060. Assignment and attachment of moneys
(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.
(c) Applicability of other provisions of law or remedies
(Pub. L. 96–465, title I, § 820, Oct. 17, 1980, 94 Stat. 2120; Pub. L. 99–335, title IV, § 402(a)(2), June 6, 1986, 100 Stat. 609.)

CITE AS: 22 USC 4060

§ 4061. Payments for future benefits
(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
(Pub. L. 96–465, title I, § 821, Oct. 17, 1980, 94 Stat. 2121; Pub. L. 99–335, title IV, § 402(a)(3), June 6, 1986, 100 Stat. 609.)

CITE AS: 22 USC 4061

§ 4062. Unfunded liability obligations
(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
(c) Reports to Congress
(Pub. L. 96–465, title I, § 822, Oct. 17, 1980, 94 Stat. 2121; Ex. Ord. No. 12446, § 4(d), Oct. 17, 1983, 48 F.R. 48445.)

CITE AS: 22 USC 4062

§ 4063. Annuity adjustment for recall service
(a) Full salary in lieu of annuity; contributions to Fund; resumption of annuity with cost-of-living adjustment
(b) Refund of contributions to Fund; election for supplemental annuity or determination of annuity anew; prior service counted as recall service
(c) Annuitant subject to Foreign Service Pension System
If an annuitant becomes subject to part II of this subchapter by reason of recall service—
(1) subsections (a) and (b) 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.
(Pub. L. 96–465, title I, § 823, Oct. 17, 1980, 94 Stat. 2122; Pub. L. 99–335, title IV, § 409, June 6, 1986, 100 Stat. 612.)

CITE AS: 22 USC 4063

§ 4064. Reemployment
(a) Termination of annuity; coverage under same retirement system or another contributory retirement system; rights and benefits
(1)
(A)1
1 So in original. No par. (2) has been enacted.
Except in the case of an annuitant who makes an election under subsection (b) or in the case of a waiver under subsection (g), 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.
(C) If the annuity is terminated and the individual becomes 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.
(C) For purposes of this section, the term “annuity” means the 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.
(c) Amount of annuity on resumption; amount resulting from redetermination of rights
(d) Annuity rights to be determined under this section
(e) Notice; direct payment of salary
(f) Recovery of overpayment
(g) Waiver of annuity limitations
(1) The Secretary of State may waive the application of subsections (a) through (d) on a case-by-case basis for an annuitant reemployed on a temporary basis, or grant authority to the head of an Executive agency to waive the application of subsections (a) through (d) on a case-by-case basis for an annuitant reemployed on a temporary basis—
(A) if, and for so long as, such waiver is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances;
(B) if the annuitant is employed in a position for which there is exceptional difficulty in recruiting or retaining a qualified employee; or
(C)
(i) to provide assistance to consular posts with a substantial backlog of visa applications; or
(ii) to provide assistance to meet the demand resulting from the passport and travel document requirements set forth in section 7209(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 8 U.S.C. 1185 note), including assistance related to the investigation of fraud in connection with an application for a passport.
(2) The Secretary should prescribe procedures for the exercise of any authority under paragraph (1)(B), including criteria for any exercise of authority and procedures for a delegation of authority.
(h) Effects of waiver
(Pub. L. 96–465, title I, § 824, Oct. 17, 1980, 94 Stat. 2122; Pub. L. 99–335, title IV, §§ 402(a)(2), 410, June 6, 1986, 100 Stat. 609, 613; Pub. L. 99–556, title IV, § 403, Oct. 27, 1986, 100 Stat. 3136; Pub. L. 105–277, div. C, title I, § 103, Oct. 21, 1998, 112 Stat. 2681–585; Pub. L. 109–234, title I, § 1602(a), June 15, 2006, 120 Stat. 440; Pub. L. 109–289, div. B, title II, § 20941, as added Pub. L. 110–5, § 2, Feb. 15, 2007, 121 Stat. 46; Pub. L. 110–50, § 2, July 30, 2007, 121 Stat. 261; Pub. L. 110–321, § 1, Sept. 19, 2008, 122 Stat. 3535; Pub. L. 111–32, title XI, § 1115(c)(1), June 24, 2009, 123 Stat. 1905; Pub. L. 114–323, title IV, § 405(a), Dec. 16, 2016, 130 Stat. 1929.)

CITE AS: 22 USC 4064

§ 4065. Voluntary contribution account
(a) Composition; election and return
(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
(c) Lump-sum payment; time; order of precedence
(Pub. L. 96–465, title I, § 825, Oct. 17, 1980, 94 Stat. 2122.)

CITE AS: 22 USC 4065

§ 4066. Cost-of-living adjustment of annuities
(a) Effective date
(b) Applicability of increases under other provisions of law
(c) Eligibility for increasesEligibility for an annuity increase under this section shall be governed by the commencing date of each annuity payable from the Fund under this part as of the effective date of an increase except as follows:
(1) The first increase (if any) made under this section to an annuity which is payable from the Fund to a participant or to the surviving spouse or former spouse of a deceased participant who died in service or a deceased annuitant whose annuity was not increased under this section, shall be equal to the product (adjusted to the nearest ⅒ of 1 percent) of—
(A)1⁄12 of the applicable percent change computed under subsection (b) of this section, multiplied by
(B) the number of months (counting any portion of a month as a month)—
(i) for which the annuity was payable from the Fund before the effective date of the increase, or
(ii) in the case of a surviving spouse or former spouse of a deceased annuitant whose annuity has not been so increased, since the annuity was first payable to the deceased annuitant.
(2) Effective from its commencing date, an annuity payable from the Fund under this part to the survivor of an annuitant, except a child entitled to an annuity under section 4046(c) of this title or section 4049(c) or (d) of this title, shall be increased by the total percentage increase the annuitant was receiving under this section at death.
(3) For purposes of computing or recomputing an annuity to a child under section 4046(c) or (d) of this title or section 4049(c) or (d) of this title, the items $900, $1,080, $2,700, and $3,240 appearing in section 4046(c) of this title shall be increased by the total percentage increases by which corresponding amounts are being increased under section 8340 of title 5 on the date the annuity of the child becomes effective.
(d) Exclusion of additional annuity purchased after retirement by voluntary contribution
(e) Rounding off of amount; minimum increases
(f) Rate of increase for surviving spouses of annuitants electing reduced annuity
(g) Maximum annuity
(1) An annuity shall not be increased by reason of any adjustment under this section to an amount which exceeds the greater of—
(A) the maximum pay rate payable for class FS–1 under section 3963 of this title, 30 days before the effective date of the adjustment under this section; or
(B) the final pay (or average pay, if higher) of the former participant with respect to whom the annuity is paid, increased by the overall annual average percentage adjustments (compounded) in rates of pay of the Foreign Service Schedule under such section 3963 of this title during the period—
(i) beginning on the date the annuity commenced (or, in the case of a survivor of the retired participant, the date the participant’s annuity commenced), and
(ii) ending on the effective date of the adjustment under this section.
(2) For the purposes of paragraph (1) of this subsection, “pay” means the rate of salary or basic pay as payable under any provision of law, including any provision of law limiting the expenditure of appropriated funds.
(Pub. L. 96–465, title I, § 826, Oct. 17, 1980, 94 Stat. 2123; Ex. Ord. No. 12289, § 1, Feb. 14, 1981, 46 F.R. 12693; Ex. Ord. No. 12446, §§ 2(a), 6(a), Oct. 17, 1983, 48 F.R. 48443, 48446; Pub. L. 99–335, title IV, § 402(a)(3), June 6, 1986, 100 Stat. 609; Pub. L. 100–238, title II, § 219, Jan. 8, 1988, 101 Stat. 1775.)

CITE AS: 22 USC 4066

§ 4067. Compatibility between retirement systems
(a) Civil Service and Foreign Service Retirement Systems
In order to maintain existing conformity between the Civil Service Retirement and Disability System under subchapter III of chapter 83 of title 5, and the Foreign Service Retirement and Disability System, whenever a law of general applicability is enacted which—
(1) affects the treatment of current or former participants, annuitants, or survivors under the Civil Service Retirement and Disability System; and
(2) affects treatment which, immediately prior to the enactment of such law, was substantially identical to the treatment accorded to participants, former participants, annuitants, or survivors under the Foreign Service Retirement and Disability System;
such law shall be extended in accordance with subsection (b) to the Foreign Service Retirement and Disability System so that it applies in like manner with respect to participants, former participants, annuitants, or survivors under that System.
(b) Regulations to implement prescribed by Executive order
The President shall by Executive order prescribe regulations to implement this section and may make such extension retroactive to a date no earlier than the effective date of the provision of law applicable to the Civil Service Retirement and Disability System. Any provision of an Executive order issued under this section shall modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent therewith—
(1) all provisions of law enacted prior to the effective date of that provision of the Executive order, and
(2) any prior provision of an Executive order issued under this section.
(c) Federal Employees’ Retirement and Foreign Service Pension Systems
(Pub. L. 96–465, title I, § 827, Oct. 17, 1980, 94 Stat. 2124; Pub. L. 99–335, title IV, § 411, June 6, 1986, 100 Stat. 614.)

CITE AS: 22 USC 4067

§ 4068. Remarriage

Notwithstanding any other provision of this part, any benefit payable under this part to a surviving spouse, former spouse, or surviving former spouse that would otherwise terminate or be lost if the individual remarried before 60 years of age, shall not terminate or be lost if the remarriage occurred on or after November 8, 1984, and the individual was 55 years of age or over on the date of the remarriage.

(Pub. L. 96–465, title I, § 828, as added Pub. L. 99–335, title IV, § 412, June 6, 1986, 100 Stat. 614.)

CITE AS: 22 USC 4068

§ 4069. Thrift Savings Fund participation

Participants in this System shall be deemed to be employees for the purposes of section 8351 of title 5. Any reference in such section 8351 or in subchapter III of chapter 84 of such title 5 to retirement or separation under subchapter III of chapter 83 or chapter 84 of such title 5 shall be deemed to be references to retirement or separation under part I or II of this subchapter with similar benefits or entitlements with respect to participants under such part I or II, respectively.

(Pub. L. 96–465, title I, § 829, as added Pub. L. 99–556, title IV, § 404(a), Oct. 27, 1986, 100 Stat. 3137.)

CITE AS: 22 USC 4069

§ 4069–1. Qualified former wives and husbands
(a) Construction with provisions relating to compatibility between retirement systems; effective dates
(b) Payments to other persons as provided in court order or spousal agreement
(1) Payments pursuant to this section which would otherwise be made to a participant or former participant based upon his service shall be paid (in whole or in part) by the Secretary of State to another person if and to the extent expressly provided for in the terms of any court order or spousal agreement. Any payment under this paragraph to a person bars recovery by any other person.
(2) Paragraph (1) shall only apply to payments made by the Secretary of State under this subchapter after the date of receipt by the Secretary of State of written notice of such court order or spousal agreement and such additional information and documentation as the Secretary of State may prescribe.
(c) “Qualified former wife or husband” defined
For the purposes of this section, the term “qualified former wife or husband” means a former wife or husband of an individual if—
(1) such individual performed at least 18 months of civilian service creditable under this subchapter; and
(2) the former wife or husband was married to such individual for at least 9 months but not more than 10 years.
(d) Promulgation of regulations
(Pub. L. 96–465, title I, § 830, as added Pub. L. 100–238, title II, § 202(a), Jan. 8, 1988, 101 Stat. 1768.)

CITE AS: 22 USC 4069-1

§ 4069a. Retirement benefits for certain former spouses
(a) Eligibility; percentage of benefitsAny individual who was a former spouse of a participant or former participant on February 14, 1981, shall be entitled, to the extent or in such amounts as are provided in advance in appropriations Acts, and except to the extent such former spouse is disqualified under subsection (b), to benefits—
(1) if married to the participant throughout the creditable service of the participant, equal to 50 percent of the benefits of the participant; or
(2) if not married to the participant throughout such creditable service, equal to that former spouse’s pro rata share of 50 percent of such benefits.
(b) DisqualificationA former spouse shall not be entitled to benefits under this section if—
(1) the former spouse remarries before age 55; or
(2) the former spouse was not married to the participant at least 10 years during service of the participant which is creditable under this subchapter with at least 5 years occurring while the participant was a member of the Foreign Service.
(c) Period of entitlement; construction with other provisions; application approval and payment
(1) The entitlement of a former spouse to benefits under this section—
(A) shall commence on the later of—
(i) the day the participant upon whose service the benefits are based becomes entitled to benefits under this subchapter; or
(ii) the first day of the month in which the divorce or annulment involved becomes final; and
(B) shall terminate on the earlier of—
(i) the last day of the month before the former spouse dies or remarries before 55 years of age; or
(ii) the date the benefits of the participant terminates.
(2) Notwithstanding paragraph (1), in the case of any former spouse of a disability annuitant—
(A) the benefits of the former spouse shall commence on the date the participant would qualify on the basis of his or her creditable service for benefits under this subchapter (other than a disability annuity) or the date the disability annuity begins, whichever is later, and
(B) the amount of benefits of the former spouse shall be calculated on the basis of benefits for which the participant would otherwise so qualify.
(3) Benefits under this section shall be treated the same as an annuity under section 4054(a)(7) of this title for purposes of section 4046(h) of this title or any comparable provision of law.
(4)
(A) Benefits under this section shall not be payable unless appropriate written application is provided to the Secretary, complete with any supporting documentation which the Secretary may by regulation require, within 30 months after December 22, 1987. The Secretary may waive the 30-month application requirement under this subparagraph in any case in which the Secretary determines that the circumstances so warrant.
(B) Upon approval of an application provided under subparagraph (A), the appropriate benefits shall be payable to the former spouse with respect to all periods before such approval during which the former spouse was entitled to such benefits under this section, but in no event shall benefits be payable under this section with respect to any period before December 22, 1987.
(d) “Benefits” definedFor the purposes of this section, the term “benefits” means—
(1) with respect to a participant or former participant subject to this part, the annuity of the participant or former participant; and
(2) with respect to a participant or former participant subject to part II, the benefits of the participant or former participant under that part.
(e) Effect of section on annuity
(f) Former spouses of United States Information Agency and Agency for International Development employeesAny individual who on February 14, 1981, was an otherwise qualified former spouse pursuant to this section, but who was married to a former Foreign Service employee of the United States Information Agency or of the Agency for International Development, shall be entitled to benefits under this section if—
(1) the former employee retired from the Civil Service Retirement and Disability System on a date before his employing agency could legally participate in the Foreign Service Retirement and Disability System; and
(2) the marriage included at least five years during which the employee was assigned overseas.
(Pub. L. 96–465, title I, § 830, as added Pub. L. 100–204, title I, § 188(a), Dec. 22, 1987, 101 Stat. 1369; amended Pub. L. 101–246, title I, § 146(a), Feb. 16, 1990, 104 Stat. 37.)

CITE AS: 22 USC 4069a

§ 4069a–1. Retirement benefits for certain former spouses
(a) Eligibility; percentage of benefitsAny individual who was a former spouse of a participant or former participant on February 14, 1981, shall be entitled, to the extent of available appropriations, and except to the extent such former spouse is disqualified under subsection (b), to benefits—
(1) if married to the participant throughout the creditable service of the participant, equal to 50 percent of the benefits of the participant; or
(2) if not married to the participant throughout such creditable service, equal to that former spouse’s pro rata share of 50 percent of such benefits.
(b) DisqualificationA former spouse shall not be entitled to benefits under this section if—
(1) the former spouse remarries before age 55; or
(2) the former spouse was not married to the participant at least 10 years during service of the participant which is creditable under this subchapter with at least 5 years occurring while the participant was a member of the Foreign Service.
(c) Period of entitlement; construction with other provisions; application approval and payment
(1) The entitlement of a former spouse to benefits under this section—
(A) shall commence on the later of—
(i) the day the participant upon whose service the benefits are based becomes entitled to benefits under this subchapter; or
(ii) the first day of the month in which the divorce or annulment involved becomes final; and
(B) shall terminate on the earlier of—
(i) the last day of the month before the former spouse dies or remarries before 55 years of age; or
(ii) the date of the benefits of the participant terminates.
(2) Notwithstanding paragraph (1), in the case of any former spouse of a disability annuitant—
(A) the benefits of the former spouse shall commence on the date the participant would qualify on the basis of his or her creditable service for benefits under this subchapter (other than a disability annuity) or the date the disability annuity begins, whichever is later, and
(B) the amount of benefits of the former spouse shall be calculated on the basis of benefits for which the participant would otherwise so qualify.
(3) Benefits under this section shall be treated the same as an annuity under section 4054(a)(7) of this title for purposes of section 4046(h) of this title or any comparable provision of law.
(4)
(A) Benefits under this section shall not be payable unless appropriate written application is provided to the Secretary, complete with any supporting documentation which the Secretary may by regulation require, within 30 months after the effective date of this section. The Secretary may waive the 30-month application requirement under this subparagraph in any case in which the Secretary determines that the circumstances so warrant.
(B) Upon approval of an application provided under subparagraph (A), the appropriate benefits shall be payable to the former spouse with respect to all periods before such approval during which the former spouse was entitled to such benefits under this section, but in no event shall benefits be payable under this section with respect to any period before the effective date of this section.
(d) “Benefits” definedFor the purpose of this section, the term “benefits” means—
(1) with respect to a participant or former participant subject to this part, the annuity of the participant or former participant; and
(2) with respect to a participant or former participant subject to part II, the benefits of the participant or former participant under that part.
(e) Effect of section on annuity
(Pub. L. 96–465, title I, § 831, as added Pub. L. 100–238, title II, § 204(a), Jan. 8, 1988, 101 Stat. 1770.)

CITE AS: 22 USC 4069a-1

§ 4069b. Survivor benefits for certain former spouses
(a) Eligibility; amount of annuityAny individual who was a former spouse of a participant or former participant on February 14, 1981, shall be entitled, to the extent or in such amounts as are provided in advance in appropriations Acts, and except to the extent such former spouse is disqualified under subsection (b), to a survivor annuity equal to 55 percent of the greater of—
(1) the full amount of the participant’s or former participant’s annuity, as computed under this subchapter; or
(2) the full amount of what such annuity as so computed would be if the participant or former participant had not withdrawn a lump-sum portion of contributions made with respect to such annuity.
(b) Election by former spouse
(c) DisqualificationA former spouse shall not be entitled to a survivor annuity under this section if—
(1) the former spouse remarries before age 55; or
(2) the former spouse was not married to the participant at least 10 years during service of the participant which is creditable under this subchapter with at least 5 years occurring while the participant was a member of the Foreign Service.
(d) Period of entitlement; application approval and payment
(1) The entitlement of a former spouse to a survivor annuity under this section—
(A) shall commence—
(i) in the case of a former spouse of a participant or former participant who is deceased as of December 22, 1987, beginning on December 22, 1987; and
(ii) in the case of any other former spouse, beginning on the later of—(I) the date that the participant or former participant to whom the former spouse was married dies; or(II)December 22, 1987; and
(B) shall terminate on the last day of the month before the former spouse’s death or remarriage before attaining the age 55.
(2)
(A) A survivor annuity under this section shall not be payable unless appropriate written application is provided to the Secretary, complete with any supporting documentation which the Secretary may by regulation require, within 30 months after December 22, 1987. The Secretary may waive the 30-month application requirement under this subparagraph in any case in which the Secretary determines that the circumstances so warrant.
(B) Upon approval of an application provided under subparagraph (A), the appropriate survivor annuity shall be payable to the former spouse with respect to all periods before such approval during which the former spouse was entitled to such annuity under this section, but in no event shall a survivor annuity be payable under this section with respect to any period before December 22, 1987.
(e) Promulgation of regulations; notification of rightsThe Secretary shall—
(1) as soon as possible, but not later than 60 days after December 22, 1987, issue such regulations as may be necessary to carry out this section; and
(2) to the extent practicable, and as soon as possible, inform each individual who was a former spouse of a participant or former participant on February 14, 1981, of any rights which such individual may have under this section.
(f) Effect of section on annuity
(g) Former spouses of United States Information Agency and Agency for International Development employeesAny individual who on February 14, 1981, was an otherwise qualified former spouse pursuant to this section, but who was married to a former Foreign Service employee of the United States Information Agency or of the Agency of International Development, shall be entitled to benefits under this section if—
(1) the former employee retired from the Civil Service Retirement and Disability System on a date before his employing agency could legally participate in the Foreign Service Retirement and Disability System; and
(2) the marriage included at least five years during which the employee was assigned overseas.
(Pub. L. 96–465, title I, § 831, as added Pub. L. 100–204, title I, § 188(a), Dec. 22, 1987, 101 Stat. 1370; amended Pub. L. 101–246, title I, § 146(b), Feb. 16, 1990, 104 Stat. 37.)

CITE AS: 22 USC 4069b

§ 4069b–1. Survivor benefits for certain former spouses
(a) Eligibility; amount of annuityAny individual who was a former spouse of a participant or former participant on February 14, 1981, shall be entitled, to the extent of available appropriations, and except to the extent such former spouse is disqualified under subsection (b), to a survivor annuity equal to 55 percent of the greater of—
(1) the full amount of the participant’s or former participant’s annuity, as computed under this subchapter; or
(2) the full amount of what such annuity as so computed would be if the participant or former participant had not withdrawn a lump-sum portion of contributions made with respect to such annuity.
(b) Election by former spouse
(c) DisqualificationA former spouse shall not be entitled to a survivor annuity under this section if—
(1) the former spouse remarries before age 55; or
(2) the former spouse was not married to the participant at least 10 years during service of the participant which is creditable under this subchapter with at least 5 years occurring while the participant was a member of the Foreign Service.
(d) Period of entitlement; application approval and payment
(1) The entitlement of a former spouse to a survivor annuity under this section—
(A) shall commence—
(i) in the case of a former spouse of a participant or former participant who is deceased as of the effective date of this section, beginning on such date; and
(ii) in the case of any other former spouse, beginning on the later of—(I) the date that the participant or former participant to whom the former spouse was married dies; or(II) the effective date of this section; and
(B) shall terminate on the last day of the month before the former spouse’s death or remarriage before attaining the age 55.
(2)
(A) A survivor annuity under this section shall not be payable unless appropriate written application is provided to the Secretary, complete with any supporting documentation which the Secretary may by regulation require, within 30 months after the effective date of this section. The Secretary may waive the 30-month application requirement under this subparagraph in any case in which the Secretary determines that the circumstances so warrant.
(B) Upon approval of an application provided under subparagraph (A), the appropriate survivor annuity shall be payable to the former spouse with respect to all periods before such approval during which the former spouse was entitled to such annuity under this section, but in no event shall a survivor annuity be payable under this section with respect to any period before the effective date of this section.
(e) Promulgation of regulations; notification of rightsThe Secretary shall—
(1) as soon as possible, but not later than 60 days after the effective date of this section, issue such regulations as may be necessary to carry out this section; and
(2) to the extent practicable, and as soon as possible, inform each individual who was a former spouse of a participant or former participant on February 14, 1981, of any rights which such individual may have under this section.
(f) Effect of section on annuity
(Pub. L. 96–465, title I, § 832, as added Pub. L. 100–238, title II, § 204(a), Jan. 8, 1988, 101 Stat. 1771.)

CITE AS: 22 USC 4069b-1

§ 4069c. Health benefits for certain former spouses
(a) EligibilityExcept as provided in subsection (c)(1), any individual—
(1) formerly married to an employee or former employee of the Foreign Service, whose marriage was dissolved by divorce or annulment before May 7, 1985;
(2) who, at any time during the 18-month period before the divorce or annulment became final, was covered under a health benefits plan as a member of the family of such employee or former employee; and
(3) who was married to such employee for not less than 10 years during periods of government service by such employee, is eligible for coverage under a health benefits plan in accordance with the provisions of this section.
(b) Prerequisites for enrollment; notification of rights
(1) Any individual eligible for coverage under subsection (a) may enroll in a health benefits plan for self alone or for self and family if, before the expiration of the 6-month period beginning on December 22, 1987, and in accordance with such procedures as the Director of the Office of Personnel Management shall by regulation prescribe, such individual—
(A) files an election for such enrollment; and
(B) arranges to pay currently into the Employees Health Benefits Fund under section 8909 of title 5 an amount equal to the sum of the employee and agency contributions payable in the case of an employee enrolled under chapter 89 of such title in the same health benefits plan and with the same level of benefits.
(2) The Secretary shall, as soon as possible, take all steps practicable—
(A) to determine the identity and current address of each former spouse eligible for coverage under subsection (a); and
(B) to notify each such former spouse of that individual’s rights under this section.
(3) The Secretary shall waive the 6-month limitation set forth in paragraph (1) in any case in which the Secretary determines that the circumstances so warrant.
(c) Disqualification
(1) Any former spouse who remarries before age 55 is not eligible to make an election under subsection (b)(1).
(2) Any former spouse enrolled in a health benefits plan pursuant to an election under subsection (b)(1) may continue the enrollment under the conditions of eligibility which the Director of the Office of Personnel Management shall by regulation prescribe, except that any former spouse who remarries before age 55 shall not be eligible for continued enrollment under this section after the end of the 31-day period beginning on the date of remarriage.
(d) Prohibition on coverage by more than one plan
(e) “Health benefits plan” defined
(f) Former spouses of United States Information Agency and Agency for International Development employeesAny individual who on February 14, 1981, was an otherwise qualified former spouse pursuant to subsections (a), (b), and (c) of this section, but who was married to a former Foreign Service employee of the United States Information Agency or of the Agency for International Development, shall be entitled to benefits under this section if—
(1) the former employee retired from the Civil Service Retirement and Disability System on a date before his employing agency could legally participate in the Foreign Service Retirement and Disability System; and
(2) the marriage included at least five years during which the employee was assigned overseas.
(Pub. L. 96–465, title I, § 832, as added Pub. L. 100–204, title I, § 188(a), Dec. 22, 1987, 101 Stat. 1371; amended Pub. L. 101–246, title I, § 146(c), Feb. 16, 1990, 104 Stat. 37.)

CITE AS: 22 USC 4069c

§ 4069c–1. Health benefits for certain former spouses
(a) EligibilityExcept as provided in subsection (c)(1), any individual—
(1) formerly married to an employee or former employee of the Foreign Service, whose marriage was dissolved by divorce or annulment before May 7, 1985;
(2) who, at any time during the 18-month period before the divorce or annulment became final, was covered under a health benefits plan as a member of the family of such employee or former employee; and
(3) who was married to such employee for not less than 10 years during periods of government service by such employee, is eligible for coverage under a health benefits plan in accordance with the provisions of this section.
(b) Prerequisites for enrollment; notification of rights
(1) Any individual eligible for coverage under subsection (a) may enroll in a health benefits plan for self alone or for self and family if, before the expiration of the 6-month period beginning on the effective date of this section, and in accordance with such procedures as the Director of the Office of Personnel Management shall by regulation prescribe, such individual—
(A) files an election for such enrollment; and
(B) arranges to pay currently into the Employees Health Benefits Fund under section 8909 of title 5 an amount equal to the sum of the employee and agency contributions payable in the case of an employee enrolled under chapter 89 of such title in the same health benefits plan and with the same level of benefits.
(2) The Secretary shall, as soon as possible, take all steps practicable—
(A) to determine the identity and current address of each former spouse eligible for coverage under subsection (a); and
(B) to notify each such former spouse of that individual’s rights under this section.
(3) The Secretary shall waive the 6-month limitation set forth in paragraph (1) in any case in which the Secretary determines that the circumstances so warrant.
(c) Disqualification
(1) Any former spouse who remarries before age 55 is not eligible to make an election under subsection (b)(1).
(2) Any former spouse enrolled in a health benefits plan pursuant to an election under subsection (b)(1) may continue the enrollment under the conditions of eligibility which the Director of the Office of Personnel Management shall by regulation prescribe, except that any former spouse who remarries before age 55 shall not be eligible for continued enrollment under this section after the end of the 31-day period beginning on the date of remarriage.
(d) Prohibition on coverage by more than one plan
(e) “Health benefits plan” defined
(Pub. L. 96–465, title I, § 833, as added Pub. L. 100–238, title II, § 204(a), Jan. 8, 1988, 101 Stat. 1772.)

CITE AS: 22 USC 4069c-1