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22 U.S.C. § 4063 — Annuity adjustment for recall service

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3948/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4045&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4065&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4055&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046&num=0&edition=prelim) on the basis of service credit and average salary earned during the recall period irrespective of the number of years of service cred

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Stable record: federal_law:legal_authorities:record_usc_06a1f510796938750e1d551d
Source file: Laws/federal/codes/united-states-code/title-22/section-4063-annuity-adjustment-for-recall-service--4ec365162c.md
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Source location: Title 22, Chapter 52, § 4063; chapter-052-foreign-service.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3948/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4045&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4065&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4055&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046&num=0&edition=prelim) in lieu of any other benefits under this section. Any annuitant who is recalled under [section 3948 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3948&num=0&edition=prelim) may upon written application count as recall service any prior service that is creditable under [section 4056 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4056&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4064&num=0&edition=prelim) shall apply to the recall service as if such service were reemployment.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046/b/1/D&num=0&edition=prelim). (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** Whenever an annuitant becomes separated from the Service following a period of recall service without becoming eligible for a supplemental or recomputed annuity under [section 4063 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4063&num=0&edition=prelim), the compulsory contributions of the annuitant to the Fund for such service, together with any special contributions the annuitant may have made for other service performed after the date of separation

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4055

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4045&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8339/d&num=0&edition=prelim), an amount equal to that to be withheld from a law enforcement officer pursuant to [section 8334(a)(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8334/a/1&num

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4045

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4056 — Creditable service

**(a) Applicability of civil service provisions** (1) 11 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8332&num=0&edition=prelim)), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8332&num=0&edition=prelim), shall be excluded under this part under the same conditions. (2) The service of an individual who first becomes a participant on or after October 17, 1983, without any credit under this section for civilian service performed prior to October 1, 1982, shall include credit for: (A) each period of military or naval service performed before January 1, 1957, and (B) each period of military or naval service performed after December 31, 1956, and before the separation on which the entitlement to annuity under this part is based, only if a deposit (with interest if any is required) is made with respect to that period, as provided in [section 4045(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4045/e&num=0&edition=prelim). (3) The service of an individual who first became a participant on or after October 17, 1983, with credit under this section for civilian s

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4056

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4065 — Voluntary contribution account

**(a) Composition; election and return** 11 See Amendment of Section note below. The voluntary contribution account shall be the sum of unrefunded amounts voluntarily contributed prior to February 15, 1981, by any participant or former participant under any prior law authorizing such contributions to the Fund, plus interest compounded at the rate of 3 percent per year to the date of separation from the Service or (in case of participant or former participant separated with entitlement to a deferred annuity) to the date the voluntary contribution account is claimed, the commencing date fixed for the deferred annuity, or the date of death, whichever is earlier. Effective on the date the participant becomes eligible for an annuity or a deferred annuity and at the election of the participant, his or her account shall be— (1) returned in a lump sum; (2) used to purchase an additional life annuity; (3) used to purchase an additional life annuity for the participant and to provide for a cash payment on his or her death to a beneficiary whose name shall be notified in writing to the Secretary of State by the participant; or (4) used to purchase an additional life annuity for the participant and a life annuity commencing on his or her death payable to a beneficiary whose name shall be notified in writing to the Secretary of State by the participant, with a guaranteed return to the beneficiary or his or her legal representative of an amount equal to the cash payment referred to in paragraph (3). **(b) Computation of benefits** The benefits provided by subsection (a)(2), (3), or (4) shall be actuarially equivalent in value to the payment provided for by subsection (a)(1) and shall be calculated upon such tables of mortality as may be from time to time prescribed for this purp

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4065

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8401 — Definitions

For the purpose of this chapter— (1) the term “account” means an account established and maintained under [section 8439(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8439/a&num=0&edition=prelim); (2) the term “annuitant” means a former employee or Member who, on the basis of that individual’s service, meets all requirements for title to an annuity under subchapter II or V of this chapter and files claim therefor; (3) the term “average pay” means the largest annual rate resulting from averaging an employee’s or Member’s rates of basic pay in effect over any 3 consecutive years of service or, in the case of an annuity under this chapter based on service of less than 3 years, over the total service, with each rate weighted by the period it was in effect; (4) the term “basic pay” has the meaning given such term by section 8331(3); (5) the term “Board” means the Federal Retirement Thrift Investment Board established by [section 8472(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8472/a&num=0&edition=prelim); (6) the term “Civil Service Retirement and Disability Fund” or “Fund” means the Civil Service Retirement and Disability Fund under section 8348; (7) the term “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; (8) the term “Director” means the Director of the Office of Personnel Management; (9) the term “dynamic assumptions” means economic assumptions that are used in determining actuarial costs and liabilities of a retirement system and in anticipating the effects of long-term future— (A) investment yields; (B) increases in rates of basic p

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8401

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3948 — Recall and reappointment of career members

**(a) Retired career members** Whenever the Secretary determines that the needs of the Service so require, the Secretary may recall any retired career member of the Service for active duty in the same personnel category as that member was serving at the time of retirement. A retired career member may be recalled under this section to any appropriate salary class or rate, except that a retired career member of the Senior Foreign Service may not be recalled to a salary class higher than the one in which the member was serving at the time of retirement unless appointed to such higher class by the President, by and with the advice and consent of the Senate. **(b) Former career members** Former career members of the Service may be reappointed under section 3942(a)(1) or 3943 of this title, without regard to [section 3946 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3946&num=0&edition=prelim), in a salary class which is appropriate in light of the qualifications and experience of the individual being reappointed.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3948

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4064 — Reemployment

**(a) Termination of annuity; coverage under same retirement system or another contributory retirement system; rights and benefits** (1) (A) 11 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 elec

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4064

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4046 — Computation of annuities

**(a) 11 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/b&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4045/d&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8331/4&num

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4046

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4049 — Death in service

**(a) Lump-sum credit** If a participant dies and no claim for annuity is payable under this part, the lump-sum credit shall be paid in accordance with [section 4055 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4055&num=0&edition=prelim). **(b) Surviving spouse** If a participant who has at least 18 months of civilian service credit toward retirement under the System dies before retirement or other separation from the Service and is survived by a spouse or former spouse qualifying for an annuity under [section 4054(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4054/b&num=0&edition=prelim), such surviving spouse shall be entitled to an annuity equal to 55 percent of the annuity computed in accordance with subsections (e) and (g) of this section and [section 4046(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046/a&num=0&edition=prelim) and any surviving former spouse shall be entitled to an annuity under [section 4054(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4054/b&num=0&edition=prelim) as if the participant died after being entitled to an annuity under this part. If the participant had less than 3 years creditable civilian service at the time of death, the survivor annuity shall be computed on the basis of the average salary for the entire period of such service. **(c) Surviving spouse or former spouse, and children** If a participant who has at least 18 months of civilian service credit toward retirement under the System dies before retirement or other separation from the Service and is survived by a spouse or a former spouse who is the natural or adoptive parent of a survivi

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4049

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4063 — Annuity adjustment for recall service

Page 1503 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4064 1 So in original. No par. (2) has been enacted. § 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 com- puted for that year at the interest rate used in the then most recent valuation of the System, and (2) that portion of disbursement for annu- ities for that year which the Secretary of State estimates is attributable to credit al- lowed 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.) Editorial Notes AMENDMENTS 1983—Subsec. (a)(2). Ex. Ord. No. 12446 inserted ‘‘, less an amount determined by the Secretary of State to be appropriate to reflect the value of the deposits made to the credit of the Fund under section 4045(e) of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Ex. Ord. No. 12446 effective Oct. 17, 1983,

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4063

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