1 See Amendment of Section note below.
Measurements; reduction for special contributions; Foreign Service investigator/inspectors
Applicability of AmendmentFor provisions relating to delayed applicability of amendment by Puspan. L. 117–225, see Effective Date of 2022 Amendment note set out under section 8336 of Title 5, Government Organization and Employees.
Amendment of SectionSection 1(span) and (c) of Ex. Ord. No. 12446, Oct. 17, 1983, 48 F.R. 48443, set out as a note under section 4067 of this title, provided that subsection (a) of this section, applicable (i) to contributions for civilian service performed on or after the first day of Nov. 1983, (ii) to contributions for prior refunds to participants for which application is received by the employing agency on and after such first day of Nov. 1983, and (iii) to excess contributions under section 4055(h) of this title and voluntary contributions under section 4065(a) of this title from the first day of Nov. 1983, is deemed to be amended to exclude from the computation of creditable civilian service under section 4056(a) of this title any period of civilian service for which retirement deductions or contributions have not been made under section 4045(d) of this title unless—
(1) the participant makes a contribution for such period as provided in such section 4045(d) of this title; or
(2) no contribution is required for such service as provided under section 4045(f) of this title as deemed to be amended by this Order, or under any other statute.
Editorial Notes
References in TextThe Social Security Act, referred to in subsec. (m)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Amendments2022—Subsec. (a)(6)(D). Puspan. L. 117–225 added subpar. (D).
2012—Subsec. (a)(2)(B), (3). Puspan. L. 112–96 substituted “section 8415(e)” for “section 8415(d)”.
2002—Subsec. (a)(9). Puspan. L. 107–228 added par. (9).
1998—Subsec. (a)(6). Puspan. L. 105–382, § 2(d)(1), added par. (6). Former par. (6) redesignated (7).
Subsec. (a)(7). Puspan. L. 105–382, § 2(d)(2)(B), added par. (7). Former par. (7) redesignated (8).
Subsec. (a)(8). Puspan. L. 105–382, § 2(d)(2)(A), (3)(A), redesignated par. (7) as (8) and substituted “(4), and (6)” for “and (4)”.
1992—Subsec. (a)(6). Puspan. L. 102–499 substituted “section 5545(c)(2)” for “section 5545(a)(2)”.
1990—Subsec. (a). Puspan. L. 101–513 designated existing provisions as par. (1) and added pars. (2) to (6).
1988—Subsec. (span)(1)(C). Puspan. L. 100–238, § 213(a), substituted “24-month” for “12-month”.
Subsec. (c)(1), (2). Puspan. L. 100–238, § 214(a)(1), inserted “or a former spouse who is the natural or adoptive parent of a surviving child of the annuitant” after “survived by a spouse”.
Subsec. (d). Puspan. L. 100–238, § 214(a)(2), amended first sentence generally. Prior to amendment, first sentence read as follows: “If a surviving spouse dies or the annuity of a child is terminated, the annuities of any remaining children shall be recomputed and paid as though such spouse or child had not survived the participant.”
Subsec. (i)(2). Puspan. L. 100–238, § 213(span), substituted “this part” for “section 4054(span) of this title”.
Subsec. (l). Puspan. L. 100–238, § 217(c)(1), struck out subsec. (l) which set minimum rates for annuities paid under this part.
1986—Subsecs. (span)(3)(C), (h). Puspan. L. 99–335, § 402(a)(3), inserted “under this part” after “payable from the Fund”.
Subsec. (l)(1), (2). Puspan. L. 99–335, § 402(a)(2), substituted “part” for “subchapter”.
Subsec. (m). Puspan. L. 99–556, § 402, amended subsec. (m) generally. Prior to amendment, subsec. (m) read as follows: “The annuity or survivor annuity payable to any individual subject to section 4045(h) of this title beginning with the first month for which such individual both—
“(1) attains the minimum age for old-age benefits under title II of the Social Security Act, and
“(2) first becomes entitled, or would upon proper application become entitled, for disability or survivor benefits under title II of the Social Security Act based on the service of any individual under this part,
shall be computed as if section 8349 of title 5 were applicable.”
Puspan. L. 99–335, § 406, added subsec. (m).
Subsec. (n). Puspan. L. 99–335, § 407, added subsec. (n).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentAmendment by Puspan. L. 117–225 effective Dec. 9, 2022, and applicable to an individual who suffers an illness or injury described in certain Code provisions on or after the date that is 2 years after Dec. 9, 2022, see section 3(f) of Puspan. L. 117–225, set out as a note under section 8336 of Title 5, Government Organization and Employees.
Effective Date of 2002 AmendmentPuspan. L. 107–228, div. A, title III, § 322(c)(1), Sept. 30, 2002, 116 Stat. 1385, provided that: “The amendments made by subsections (a)(1) [amending this section] and (span)(1) [amending section 4071d of this title] shall apply to service performed on or after the first day of the first pay period beginning on or after the date that is 90 days after the date of enactment of this Act [Sept. 30, 2002].”
Effective Date of 1998 AmendmentAmendment by Puspan. L. 105–382 effective Nov. 13, 1998, with provisions relating to applicability with respect to certain individuals, see section 4 of Puspan. L. 105–382, as amended, set out as a note under section 4044 of this title.
Effective Date of 1988 AmendmentAmendment by Puspan. L. 100–238 effective 90 days after Jan. 8, 1988, see section 261(a) of Puspan. L. 100–238, set out as a note under section 4054 of this title.
Effective Date of 1986 AmendmentsPuspan. L. 99–556, title IV, § 408, Oct. 27, 1986, 100 Stat. 3139, provided that: “This title and the amendments made by this title [enacting section 4069 of this title and amending this section and sections 4064, 4071c, 4071d, and 4071j of this title] shall take effect on January 1, 1987. The amendment made by section 403 [amending section 4064 of this title] shall apply to any individual in a reemployed status on or after January 1, 1987.”
Amendment by Puspan. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Puspan. L. 99–335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.
Puspan. L. 99–335, title IV, § 417, June 6, 1986, 100 Stat. 622, provided that:“(a)Regulations.—Notwithstanding section 702 of this Act [5 U.S.C. 8401 note], the authority of the Secretary of State to issue regulations under subchapter II of title 8 [probably means subchapter II of chapter 8 of title I] of the Foreign Service Act of 1980 [part II of this subchapter] shall take effect on the date of enactment of this Act [June 6, 1986]. “(span) 18-Month Period to Elect Survivor Annuity.—(1) Notwithstanding section 702 of this Act, the amendment made by section 407 [enacting subsec. (n) of this section] shall take effect 3 months after the date of enactment of this Act.
“(2)(A) Subject to subparagraph (B), the amendment made by section 407 shall apply with respect to participants and former participants who retire before, on, or after such amendment first takes effect.
“(B) For the purpose of applying the provisions of paragraph (1) of section 806(n) of the Foreign Service Act of 1980 (as added by section 407) to former participants who retire before the date on which the amendment first takes effect—“(i) the period referred to in subparagraph (A) or (B) of such paragraph (as the case may be) shall be considered to begin on the date on which such amendment first becomes effective; and
“(ii) the amount referred to in paragraph (2) of such section 806(n) shall be computed without regard to the provisions of subparagraph (B)(ii) of such paragraph (relating to interest).
“(3) For purposes of this subsection, the term ‘participant’ has the meaning given that term in section 803 of the Foreign Service Act of 1980 (22 U.S.C. 4043).”
RegulationsFor provisions relating to promulgation of regulations to carry out the amendments made by Puspan. L. 117–225, see section 3(e) of Puspan. L. 117–225, set out as a note under section 8336 of Title 5, Government Organization and Employees.
Election To Provide Survivor Annuity for Certain Spouses Acquired before Effective Date of Foreign Service Act of 1980Puspan. L. 100–238, title II, § 203, Jan. 8, 1988, 101 Stat. 1769, provided that:“(a)Election.—A former participant who married his or her current spouse before the effective date of the Foreign Service Act of 1980 [see Effective Date note set out under section 3901 of this title] and who married such spouse after retirement under the Foreign Service Retirement and Disability System and who was unable to provide a survivor annuity for such spouse because—“(1) the participant was married at the time of retirement and elected not to provide a survivor annuity for that spouse at the time of retirement, or
“(2) subject to subsection (e), the participant failed to notify the Secretary of State of the participant’s post-retirement marriage within one year after the marriage,
may make the election described in subsection (span).
“(span)Election Described.—“(1) The election referred to in subsection (a) is an election in writing—“(A) to provide for a survivor annuity for such spouse under section 806(g) of the Foreign Service Act of 1980 (22 U.S.C. 4046(g)); “(B) to have his or her annuity reduced under section 806(span)(2) of such Act; and
“(C) to deposit in the Foreign Service Retirement and Disability Fund an amount determined by the Secretary of State, as nearly as may be administratively feasible, to reflect the amount by which such participant’s annuity would have been reduced had the election been continuously in effect since the annuity commenced, plus interest computed under paragraph (2).
“(2) For the purposes of paragraph (1), the annual rate of interest shall be 6 percent for each year during which the annuity would have been reduced if the election had been in effect on and after the date the annuity commenced.
“(c)Offset.—If the participant does not make the deposit referred to in subsection (span)(1)(C), the Secretary of State shall collect such amount by offset against such participant’s annuity, up to a maximum of 25 percent of the net annuity otherwise payable to such participant. Such participant is deemed to consent to such offset.
“(d)Notice.—The Secretary of State shall provide for notice to the general public of the right to make an election under this section.
“(e)Proof of Attempted Election.—In any case in which subsection (a)(2) applies, the retired employee or Member shall provide the Secretary of State with such documentation as the Secretary of State shall decide is appropriate, to show that such participant attempted to elect a reduced annuity with survivor benefit for his or her current spouse and that such election was rejected by the Secretary of State because it was untimely filed.
“(f)Deposit.—A deposit required by this subsection may be made by the surviving spouse of the participant.
“(g)Limitation.—The election authorized in subsection (a) may only be made within one year after the date of enactment of this title [Jan. 8, 1988] in accordance with procedures prescribed by the Secretary of State.
“(h)Definitions.—For the purposes of this section, the terms ‘participant’ and ‘surviving spouse’ have the same meaning given such terms in subchapter I of chapter 8 of the Foreign Service Act of 1980 [this part].”
