An Act to amend title VIII of the Foreign Service Act of 1946, as amended, relating to the Foreign Service retirement and disability system, and for other purposes
PL 91-201 (H.R.14789), enacted 02/28/1970

84 STAT. ] 
PUBLIC LAW 91-201-FEB. 28, 1970 
17 
Public Law 91-201 
A N A C T 
February 28,1970 
To amend title VIII of the Foreign Service Act of 1946, as amended, relating 
[H. R. 14789] 
to the Foreign Service Retirement and Disability System, and for other 
purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemhled^ That this Act may 
be cited as the "Foreign Service Act Amendments of 1969". 
Foreign Service 
Act Amendments 
of 1969. 
TITLE I—FOREIGN SERVICE RETIREMENT FINANCING 
SEC. 101. Section 804(b) of the Foreign Service Act of 1946 (22 
LT.S.C. 1064(b)) is amended by adding at the end thereof the follow-
ing new paragraphs: 
"(4) 'Fmid balance' means the sum of— 
"(A) the investments of the Fund calculated at par value; and 
" (B) the cash balance of the Fund on the books of the Treasury. 
"(5) 'Unfunded liability* means the estimated excess of the present 
value of all benefits payable from the Fund over the sum of— 
" (A) the present value of deductions to be withheld from the 
future basic salary of participants and of future agency contri-
butions to be made in their behalf; plus 
"(B) the present value of Government payments to the Fund 
under section 865 of this title; plus 
"(C) the Fund balance as of the date the unfunded liability is 
determined." 
SEC. 102. (a) Section 811(a) of such Act (22 U.S.C. 1071 (a))_ is 
amended by striking out "Six and one-half" and inserting in lieu 
thereof "Seven*'. 
(b) The amendment made by subsection (a) of this section shall 
become effective on the first day of the first pay period beginning-
after the date of enactment of this Act or after December 31, 1969, 
whichever is later. 
SEC. 103. Section 852(b) of such Act (22 U.S.C. 1091(b)) is 
amended by striking out "subsequent to July 1, 1924, and prior to the 
effective date of the Foreign Service Act Amendments of 1960, and at 
6I/2" and inserting in lieu thereof "from July 1, 1924, to October 16, 
1960, and at 6 ^ per centum from October 17, 1960, to December 31, 
1969, and at 7". 
SEC. 104. (a) Part G of title VIII of such Act (22 U.S.C. 
1101-1104) is amended by adding at the end thereof the following 
new sections: 
"PAYMENTS FOR FU'ITJRE BENEFITS 
"SEC. 865. Any statute which authorizes— 
"(1) new or liberalized benefits payable from the Fund, 
including annuity increases other than under section 882; 
"(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 thirt}?^ equal amiual 
installments with interest computed at the rate used in the then most 
74 Stat. 838. 
"Fund 
balance.' 
"Unfunded 
liability." 
Infra. 
Contribution 
rate. 
Effective date. 
22 u s e 1092. 
60 Stat. 1024. 
Post, p . 19. 
18 
PUBLIC LAW 91-201-FEB. 28, 1970 
[84 STAT. 
recent Aaluarioii of the System and with the first payment thereof 
due as of the end of the fiscal year hi which each new or liberalized 
benefit, extension of benefits, or iiicrease in salary is effective. 
Report to 
President and 
Congress. 
Effective date. 
"UXFUNDKD LlABlLl'JT OBLIGATIONS 
"SEC. 866. At the end of each fiscal year, the Secretary shall notify 
the Secretary of the Treasury of the amount equivalent to (1) interest 
on the unfmided liability computed for that yea^r 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 Secre-
tary estimates is attributable to credit allowed for military service. 
Before closing the accounts for each 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 following percentages of siicli amounts: 10 per 
centum for 1971; 20 per centum for 1972; 30 per centum for 1973; 
40 per centum for 1974; 50 per centum for 1975; 60 per centum for 
1976; 70 per centum for 1977; 80 per centum for 1978; 90 per centum 
for 1979; and 100 per centum for 1980 and for each fiscal year there-
after. The Secretary shall report to the President and to tlie Congress 
the sums credited to the Fund under this section." 
(b) The provisions of section 866 of the Foreign Service Act of 
1946, as contained in the amendment made by subsection (a) of this 
section, shall become elective at the beginning of the fiscal year which 
ends on June 30,1971. 
TITLE II—FOREIGX SICKVICE RETIREMENT BENEFITS 
Ante, p. 17. 
'Price index." 
Average pay 
computation. 
74 Stat. 839. 
Survivor 
annuities. 
SEC. 201. Section 804(b) of the Foreign Service Act of 1946 (22 
U.S.C. 1064(b)) is amended by adding at the end thereof the follow-
ing new paragraph: 
"(6) 'Price index' means the Consumer Price Index (all items— 
United States city average) published monthly by the Bureau.of 
r •il-\ry-p ^i'Sli'l GjtlPS 
SEC. 202. (a)'Section 821(a) of such Act (22 U.S.C. 1076(a)) is 
amended by striking out '"five" each place it appeal's and inserting 
in lieu thereof at each such place "three", 
(b) Section 821(c) of such Act (22 U.S.C. 1076(c)) is amended as 
follows : 
(1) Paragraph (i) of such section is amended by striking out all 
after " ( i ) " and inserting in lieu thereof "$900; or (li) $2,700 divided 
by the number of children." 
(2) Paragraph (2) of such section is amended by striking out all 
after " ( i ) " and inserting in lieu thereof "$1,080; or (ii) $3,240 divided 
bv the number of children." 
' SEC. 203. (a) Section 832(b) of such Act (22 U.S.C. 1082(b)) is 
amended— 
(1) by striking out "five years" and inserting in lieu thereof 
"eighteen months"; and 
(2) by inserting immediately before the semicolon following 
"section 821(a)" the following: "and if the participant had less 
than three years creditable civilian service at the time of death, 
the survivor annuity shall be computed on the basis of the average 
salary for the entire period of such service". 
(b) Subsections (c) and (d) of such section 832 are each amended 
by striking out "five years" and inseiting in lieu thereof "eighteen 
months". 
84 STAT. ] 
PUBLIC LAW 91-201-FEB. 28, 1970 
19 
SEC. 204. (a) Section 851 of such Act (22 l;.S.(\ 1091) is amended 
74 stat. 844. 
(1) by inserting "(a)'" immediately after ''SEC. 851."-, and (2) by 
striking out "the Federal Employees' Compensation Act of Sep-
tember 7, 1916^ as amended" and inserting in lieu thereof "subchapter 
1 of chapter 81 of title 5,1'nited States Code*'. 
so stat. 531. 
(b) Section 851 of such Act is further amended by adding at the 81^50"^^ ^^°^' 
end thereof the following new subsection: 
unused sick 
"(b) In computing any annuity under this title, the total service i^ave credit. 
of a participant who retires on an immediate annuity or who dies 
leaving a survivor or survivors entitled to annuity includes, without 
regard to the thirty-five-year limitation imposed by section 821(a), 
the days of unused sick leave to his credit except that these days will 
not be counted in determining average basic salary or annuity eligi-
bility under this title. A contribution to the Fund shall not be required 
from a participant for this service credit." 
SEC. 205. Section 882 of such Act (22 U.S.C. 1121) is amended to 
cost-owiving 
1 
<
• n 
annuity increase. 
read as Toliows: 
79 stat. 1132. 
"SEC. 882. (a) Effective the first day of the third month which 
begins after the date of enactment of the Foreign Service Act Amend-
)nents of 1969 (hereafter in this section referred to as 'this amend-
ment'), each annuity payable from the Fund which has a commencing 
date not later than such eft'ective date sliall be increased by 1 per 
centum plus the per centum rise in the price index adjusted to the 
nearest one-tenth of 1 per centum, determined by the Secretary on the 
basis of the increase in the price index for the month latest published 
on the date of eiiactment of this amendment over the average price 
index for the calendar year forming the basis for the last increase 
under this section prior to this amendment. 
"(b) Effective the first day of the third month which begins after 
the price index shall have equaled a rise of at least 3 per centum for 
three consecutive months over the price index for the month last 
used to establish an increase, each annuity payable from the Fund 
which has a commencing date not later than such effective date shall be 
increased by 1 per centum plus the per centum rise in the price index 
(calculated on the highest level of the price index during the three 
consecutive months) adjusted to the nearest one-tenth of 1 per centum. 
"(c) Eligibility for an annuity increase under this section shall 
be governed by the conmiencing date of each annuity payable from 
the Fund as of the effective date of an increase except as follows: 
"(1) Effective from its commencing date, an annuity payable from 
the Fund to a surviving wife, husband, or designated beneficiary of 
an annuitant shall be increased by the total per centum increase the 
annuitant Was receiving under this section at death. 
"(2) For purposes of computing an annuity which commences 
on or after November 1, 1969, to a child under section 821(c) or 
Ante, p. is. 
832 (c) or (d), the items $900, $1,080, $2,700, and $3,240 appearing 
in section 821(c) shall be increased by the total per centum increases 
allowed and in force under this section subsequent to November 1, 
1969. 
"(d) No increase in annuity provided by this section shall be com-
})uted on any additional annuity purchased at retirement by voluntary 
contributions. 
"(e) The monthly installment of annuity after adjustment under 
this section shall be fixed at the nearest dollar, except such installment 
shall after adjustment reflect an increase of at least $1." 
SEC. 206. (a) The amendments made by sections 202(a), 203, and 
Applicability. 
204 shall become effective as of October 20, 1969. Such amendments 
shall not apply to persons retired or otherwise separated prior to such 
20 
PUBLIC LAW 91-202-MAR. 4, 1970 
[84 STAT. 
Contribution 
refunds, repay-
ments. 
74 Stat. 842. 
22 u s e 1082. 
date, arid the rights of such persons and their survivors shall con-
tinue in the same manner and to the same extent as if such sections 
had not been amended by this Act. 
(b) Any lump sum payment of contributions and interest made 
pursuant to section 832(a) of such Act because of the death of a 
participant shall be repaid to the Fund, or arrangements satisfactory 
to the Secretary of State made for such repayment, before any 
annuity authorized by the amendments made by section 203 shall be 
paid to any survivor of such participant. 
(c) The amendments made by section 202(b) shall become effective 
as of November 1, 1969. 
(d) The annuity of each child entitled to receive an annuity under 
sections 821(c) and 832 (c) and (d) of such Act, as amended by this 
Act, shall be recomputed, effective as of November 1, 1969, in accord-
ance with section 821 of such Act as amended by this Act. No increase 
allowed and in force prior to November 1, 1969, shall be included 
in the recomputation of any such annuity, and this subsection shall 
not operate to reduce any annuity. 
(e) Section 882(c) (1) of such Act as amended by this Act shall 
not apply with respect to survivor annuities in effect on the date of 
enactment of this Act. 
Approved February 28, 1970. 
Public Law 91-202 
March 4, 1970 
[H. R.12535] 
Texas. 
Land 
convey-
ance. 
AN ACT 
To authorize the Secretary of the Army to release certain restrictions on a tract 
of land heretofore conveyed to the State of Texas in order that such land 
may be used for the City of El Paso North-South Freeway. 
Be it enacted hy the Semite and House of Representatives 
of the 
United States of America in Congress assembled, That the Secretary 
of the Army is authorized and directed to release or modify on behalf 
of the United States the land use restrictions and reservations appli-
cable to a tract of land, constituting a portion of a 24.25-acre parcel 
of land in El Paso, Texas, heretofore conveyed for National Guard and 
military purposes by the United States to the State of Texas by deed 
dated November 4, 1954 pursuant to the Act of August 30, 1954 (68 
Stat. 974), so that such tract, described in section 2 of this Act may be 
conveyed by the State of Texas to the city of El Paso as a right-of-way 
for the construction of the El Paso North-South Freeway. 
SEC. 2. (a) The land referred to in section 1 of this Act is located in 
El Paso County, Texas, being 5.975 acres of land, more or less, out of 
and a part of section 21, block 81, township 2, Texas and Pacific Eail-
road Company Survey, in El Paso County, Texas, and being a portion 
of the same land described in a Quitclaim Deed from the United States 
of America to State of Texas dated November 4, 1954, recorded in 
volume 1206, page 369, deed records of El Paso County, Texas, said 
5.975 acres of land being more particularly described by metes and 
boimds as follows: 
Beginning at a point which is the intersection of the proposed 
westerly right of way line of United States Highway 54 and the 
south line of Hayes Avenue, said point bears south 88 degrees 05 
minutes 03 seconds east, a calculated distance of 1118.74 feet from 
tlie southeast corner of the Intersection of Hayes Avenue, and Pol-
lard Street;