dreamproit/uscode huggingface dataset:
22 U.S.C. § 4053 (FOREIGN RELATIONS AND INTERCOURSE)
§ 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
A participant who completes an assignment under section 3942(b) of this title in a position to which the participant was appointed by the President and is eligible for retirement and is not reassigned within 90 days after the termination of such assignment and any period of authorized leave, shall be retired from the Service and receive retirement benefits in accordance with section 4046 of this title or section 4071d of this title, as appropriate.
(c) Retirement of reemployed participants
A participant who is retired under subsection (a)(2) and is subsequently employed by the United States Government, thereafter, shall be eligible to retire only under the terms of the applicable retirement system.
(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.)
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–236 added subsecs. (a) to (c) and struck out former subsecs. (a) to (c) which read as follows:
“(a) Except as provided under subsection (b) of this section, a participant, who completes an assignment under section 3942(b) of this title in a position to which he or she was appointed by the President, shall be offered reassignment within 90 days after the termination of such assignment and any period of authorized leave.
“(b) Subsection (a) of this section shall not apply with respect to a participant, if the Secretary of State determines that reassignment of the participant is not in the interest of the United States and the Foreign Service.
“(c) A participant who is not reassigned under subsection (a) of this section shall be retired from the Service and receive retirement benefits in accordance with section 4046 or 4071d of this title, as appropriate.”
1991—Pub. L. 102–138 inserted “Reassignment and” in section catchline and amended text generally. Prior to amendment, text read as follows: “If a participant completes an assignment under section 3942(b) of this title in a position to which he or she was appointed by the President and has not been reassigned within 3 months after the termination of such assignment (plus any period of authorized leave), the participant shall be retired from the Service and receive retirement benefits in accordance with section 4046 of this title.”
22 U.S.C. § 4057 (FOREIGN RELATIONS AND INTERCOURSE)
§ 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.)
heading: Editorial Notes
heading: Amendments
text: 1990—Pub. L. 101–246 inserted provisions at end that extra credit not be used to determine eligibility to qualify as former spouse under this part or to compute the pro rata share under section 4044(10) of this title and that no extra credit for service at unhealthful posts be given under this section for any service as part of a tour of duty, or extension thereof, beginning on or after Feb. 16, 1990.
22 U.S.C. § 4058 (FOREIGN RELATIONS AND INTERCOURSE)
§ 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.)
heading: Editorial Notes
heading: Amendments
text: 1986—Pub. L. 99–335 substituted “part” for “subchapter”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1986 Amendment
text: Amendment by Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.
22 U.S.C. § 4061 (FOREIGN RELATIONS AND INTERCOURSE)
§ 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
There is authorized to be appropriated to the Fund for each fiscal year an amount equal to the amount of the Foreign Service normal cost for that year which is not met by contributions to the Fund under section 4045(a) of this title.
(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.)
heading: Editorial Notes
heading: Amendments
text: 1986—Subsec. (a)(1). Pub. L. 99–335 inserted “under this part” after “payable from the Fund”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1986 Amendment
text: Amendment by Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.
22 U.S.C. § 4062 (FOREIGN RELATIONS AND INTERCOURSE)
§ 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
Before closing the accounts for each fiscal year, the Secretary of the Treasury shall credit such amounts to the Fund, as a Government contribution, out of any money in the Treasury of the United States not otherwise appropriated.
(c) Reports to Congress
Requests for appropriations to the Fund under section 4061(b) of this title shall include reports to the Congress on the sums credited to the Fund under this section.
(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.)
heading: Editorial Notes
heading: Amendments
text: 1983—Subsec. (a)(2). Ex. Ord. No. 12446 inserted “, less an amount determined by the Secretary of State to be appropriate to reflect the value of the deposits made to the credit of the Fund under section 4045(e) of this title”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1983 Amendment
text: Amendment by Ex. Ord. No. 12446 effective Oct. 17, 1983, see section 4(e) of Ex. Ord. No. 12446, set out under section 4067 of this title.
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under subsec. (c) of this section is listed on page 127), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
22 U.S.C. § 4063 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4063. Annuity adjustment for recall service
(a) Full salary in lieu of annuity; contributions to Fund; resumption of annuity with cost-of-living adjustment
Any annuitant recalled to duty in the Service under section 3948(a) of this title shall, while so serving, be entitled in lieu of annuity to the full salary of the class in which serving. During such service the recalled annuitant shall make contributions to the Fund in accordance with section 4045 of this title. On the day following termination of the recall service, the former annuity shall be resumed, adjusted by any cost-of-living increases under section 4065 of this title that became effective during the recall period.
(b) Refund of contributions to Fund; election for supplemental annuity or determination of annuity anew; prior service counted as recall service
If the recall service lasts less than one year, the contributions of the annuitant to the Fund during recall service shall be refunded in accordance with section 4055 of this title. If the recall service lasts more than one year, the annuitant may, in lieu of such refund, elect a supplemental annuity computed under section 4046 of this title on the basis of service credit and average salary earned during the recall period irrespective of the number of years of service credit previously earned. If the recall service continues for at least 5 years, the annuitant may elect to have his or her annuity determined anew under section 4046 of this title in lieu of any other benefits under this section. Any annuitant who is recalled under section 3948 of this title may upon written application count as recall service any prior service that is creditable under section 4056 of this title that was performed after the separation upon which his or her annuity is based.
(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.)
heading: Editorial Notes
heading: Amendments
text: 1986—Subsec. (c). Pub. L. 99–335 added subsec. (c).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1986 Amendment
text: Amendment by Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.
22 U.S.C. § 4068 (FOREIGN RELATIONS AND INTERCOURSE)
§ 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.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as a note under section 8401 of Title 5, Government Organization and Employees.
22 U.S.C. § 4069 (FOREIGN RELATIONS AND INTERCOURSE)
§ 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.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Jan. 1, 1987, see section 408 of Pub. L. 99–556, set out as an Effective Date of 1986 Amendment note under section 4046 of this title.
22 U.S.C. § 4071 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4071. Establishment; application of Federal Employees’ Retirement System to Foreign Service Pension System participants
(a) There is hereby established a Foreign Service Pension System.
(b) Except as otherwise specifically provided in this part or any other provision of law, the provisions of chapter 84 of title 5 shall apply to all participants in the Foreign Service Pension System and such participants shall be treated in all respects similar to persons whose participation in the Federal Employees’ Retirement System provided in that chapter is required.
(Pub. L. 96–465, title I, § 851, as added Pub. L. 99–335, title IV, § 415, June 6, 1986, 100 Stat. 615.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Part effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as a note under section 8401 of Title 5, Government Organization and Employees.
22 U.S.C. § 4071f (FOREIGN RELATIONS AND INTERCOURSE)
§ 4071f. Government contributions
(a) Each agency employing any participant shall contribute to the Fund the amount computed in a manner similar to that used under section 8423(a) of title 5 pursuant to determinations of the normal cost percentage for the Foreign Service Pension System by the Secretary of State.
(b)
(1) The Secretary of State shall compute the amount of the supplemental liability of the Fund as of the close of each fiscal year beginning after September 30, 1987. The amount of any such supplemental liability shall be amortized in 30 equal annual installments with interest computed at the rate used in the most recent valuation of the System.
(2) At the end of each fiscal year, the Secretary of State shall notify the Secretary of the Treasury of the amount of the installment computed under this subsection for such year.
(3) Before closing the accounts for a fiscal year, the Secretary of the Treasury shall credit to the Fund, as a Government contribution, out of any money in the Treasury of the United States not otherwise appropriated, the amount under paragraph (2) of this subsection for such year.
(c)
(1) Subject to paragraphs (2) and (3), for purposes of any period in any year beginning after December 31, 2013, the normal-cost percentage under this section shall be determined and applied as if section 402(b) of the Bipartisan Budget Act of 2013 had not been enacted.
(2) Any contributions under this section in excess of the amounts which (but for paragraph (1)) would otherwise have been payable shall be applied toward reducing the unfunded liability of the Foreign Service Retirement and Disability System.
(3) After the unfunded liability of the Foreign Service Retirement and Disability System has been eliminated, as determined by the Secretary of State, Government contributions under this section shall be determined and made disregarding this subsection.
(Pub. L. 96–465, title I, § 857, as added Pub. L. 99–335, title IV, § 415, June 6, 1986, 100 Stat. 618; amended Pub. L. 113–67, div. A, title IV, § 402(c), Dec. 26, 2013, 127 Stat. 1185.)
heading: Editorial Notes
heading: References in Text
text: Section 402(b) of the Bipartisan Budget Act of 2013, referred to in subsec. (c)(1), is section 402(b) of div. A of Pub. L. 113–67, which amended section 4071e of this title.
heading: Amendments
text: 2013—Subsec. (c). Pub. L. 113–67 added subsec. (c).
22 U.S.C. § 4071g (FOREIGN RELATIONS AND INTERCOURSE)
§ 4071g. Cost-of-living adjustments
Cost-of-living adjustments for annuitants under this System shall be granted under procedures in section 8462 of title 5 in the same manner as such adjustments are made for annuitants referred to in subsection (c)(3)(B)(ii) of such section.
(Pub. L. 96–465, title I, § 858, as added Pub. L. 99–335, title IV, § 415, June 6, 1986, 100 Stat. 619.)
heading: Statutory Notes and Related Subsidiaries
heading: Delay in Cost-of-Living Adjustments During Fiscal Years 1994, 1995, and 1996
text: Any cost-of-living increase scheduled to take effect during fiscal year 1994, 1995, or 1996 under this section delayed until first day of third calendar month after date such increase would otherwise take effect, see section 11001 of Pub. L. 103–66, set out as a note under section 8340 of Title 5, Government Organization and Employees.
22 U.S.C. § 4071i (FOREIGN RELATIONS AND INTERCOURSE)
§ 4071i. Transition provisions
The Secretary of State shall issue regulations providing for the transition from the Foreign Service Retirement and Disability System to the Foreign Service Pension System in a manner comparable to the transition of employees subject to subchapter III of chapter 83 of title 5 (the Civil Service Retirement System) to the Federal Employees’ Retirement System. For this and related purposes, references made to participation in subchapter III of chapter 83 of title 5 (the Civil Service Retirement System), the Social Security Act [42 U.S.C. 301 et seq.], and title 26 shall be deemed to refer to participation in the Foreign Service Pension System or the Foreign Service Retirement and Disability System, as appropriate.
(Pub. L. 96–465, title I, § 860, as added Pub. L. 99–335, title IV, § 415, June 6, 1986, 100 Stat. 619; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.)
heading: Editorial Notes
heading: References in Text
text: The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified generally to chapter 7 (§ 301 et seq.) 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.
heading: Amendments
text: 1986—Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.
22 U.S.C. § 4071k (FOREIGN RELATIONS AND INTERCOURSE)
§ 4071k. Spousal agreements
A spousal agreement is any written agreement (properly authenticated as determined by the Secretary of State) between a participant or former participant and his or her spouse or former spouse on file with the Secretary of State. A spousal agreement shall be consistent with the terms of this chapter and applicable regulations and, if executed at the time a participant or former participant is currently married, shall be approved by such current spouse. It may be used to fix the level of benefits payable under this part to a spouse or former spouse.
(Pub. L. 96–465, title I, § 862, as added Pub. L. 99–335, title IV, § 415, June 6, 1986, 100 Stat. 621.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, as amended, known as the Foreign Service Act of 1980, which is classified principally to this chapter (§ 3901 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables.
22 U.S.C. § 4083 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4083. Required leave
(a) Criteria; length of continuous service
The Secretary may order a member of the Service (other than a member employed under section 3951 of this title) who is a citizen of the United States to take a leave of absence under section 6305 of title 5 (without regard to the introductory clause of subsection (a) of that section), upon completion by that member of 12 months of continuous service abroad. The Secretary shall order on such a leave of absence a member of the Service (other than a member employed under section 3951 of this title) who is a citizen of the United States as soon as possible after completion by that member of 3 years of continuous service abroad.
(b) Place leave may be taken
Leave ordered under this section may be taken in the United States or its territories, including American Samoa, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands.
(c) Availability for work or duties in Department
While on a leave of absence ordered under this section, the services of any member of the Service shall be available for such work or duties in the Department or elsewhere as the Secretary may prescribe, but the time of such work or duties shall not be counted as leave.
(Pub. L. 96–465, title I, § 903, Oct. 17, 1980, 94 Stat. 2127; Pub. L. 103–236, title I, § 180(a)(8), Apr. 30, 1994, 108 Stat. 416; Pub. L. 109–234, title I, § 1602(d)(2), June 15, 2006, 120 Stat. 442; Pub. L. 110–321, § 2(2), Sept. 19, 2008, 122 Stat. 3535.)
heading: Editorial Notes
heading: Amendments
text: 2008—Subsec. (b). Pub. L. 110–321 substituted “or its territories, including American Samoa, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands” for “, its territories and possessions, or the Commonwealth of Puerto Rico”.
2006—Subsec. (a). Pub. L. 109–234, which directed substitution of “12 months” for “18 months” in section 903(a) of the Foreign Service Act, was executed to subsec. (a) of this section, which is section 903 of the Foreign Service Act of 1980, to reflect the probable intent of Congress.
1994—Subsec. (a). Pub. L. 103–236 inserted “(other than a member employed under section 3951 of this title)” after “member of the Service” in two places.