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22 U.S.C. § 4053 — Reassignment and retirement of former Presidential appointees

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

22 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/b&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/b&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046&num=0&edition=prelim) or [section 4071d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4071d&num=0&edition=prelim), 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

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Stable record: federal_law:legal_authorities:record_usc_157fb262a1564e91a1e58395
Source file: Laws/federal/codes/united-states-code/title-22/section-4053-reassignment-and-retirement-of-former-presidential-appointees--5a138cb2ee.md
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Source location: Title 22, Chapter 52, § 4053; chapter-052-foreign-service.md

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

22 U.S.C. § 4071d — Entitlement to annuity

**(a) Retirement conditions; definitions** (1) Any participant may be retired under the conditions specified in [section 4051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4051&num=0&edition=prelim) and shall be retired under the conditions specified in sections 4052 and 4053 of this title and receive benefits under this part. (2) For the purposes of this subsection— (A) the term “participant”, as used in the sections referred to in paragraph (1), means a participant in the Foreign Service Pension System; and (B) the term “System”, as used in those sections, means the Foreign Service Pension System. (3) For purposes of any annuity computation under this subsection, the average pay (as used in section 8414 11 See References in Text note below. of title 5) of any member of the Service whose official duty station is outside the continental United States shall be considered to be the salary 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5304&num=0&edition=prelim) that would have been payable to the member if the member’s official duty station had been Washington, D.C. **(b) Voluntary or mandatory retirement with authorization for immediate annuity; computation of annuity** (1) Any participant who retires voluntarily or mandatorily under section 4007, 4008, 4010a, 4051, 4052, or 4053 of this title under conditions authorizing an immediate annuity for participants in the Foreign Service Retirement and Disability System or for participants in the Foreign Service Pension System, and who has completed at least 5 years

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4071d

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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

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

22 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4009/a&num=0&edition=prelim) or a participant who is retired under [section 4053 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4053&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4048&num=0&edition=prelim) 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** The annuity to a survivor shall become effective as otherwise specified but shall not be paid until the survivor submits an application for such annuity, supported by such proof of eligibility as the Secretary of State may require. If such application or proof of eligibility is not submitted during the lifetime of an otherwise eligible individual, no annuity shall be due or payable to his or her estate. **(c) Waive

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

22 U.S.C. § 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** The President shall maintain, under the same conditions and in the same m

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4067

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

22 U.S.C. § 4053 — Reassignment and retirement of former

Page 1494 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4053 § 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 re- tirement— (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 For- eign Service, shall be retired from the Service and receive retirement benefits in accordance with section 4046 or 4071d of this title, as ap- propriate. (b) Retirement of participants eligible for retire- ment 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 termi- nation of such assignment and any period of au- thorized 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 ap- plicable 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.) Editorial Notes AMENDMENTS 1994—Pub.

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