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22 U.S.C. § 4008 — Retirement based on failure to meet standard of performance
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall prescribe regulations concerning the standards of performance to be met by career members of the Service who are citizens of the United States. Whenever a selection board review indicates that the performance of such a career member of the Service may not meet the standards of performance for his or her class, the Secretary shall provide for administrative review of the performance of the member. The review shall include an opportunity for the member to be heard.
**(b)** In any case where the administrative review conducted under subsection (a) substantiates that a career member of the Service has failed to meet the standards of performance for his or her class, the member shall be retired from the Service and receive benefits in accordance with [section 4009 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4009&num=0&edition=prelim).
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Stable record: federal_law:legal_authorities:record_usc_38009d62eccf4ab412032005
Source file: Laws/federal/codes/united-states-code/title-22/section-4008-retirement-based-on-failure-to-meet-standard-of-performance--28aba8647f.md
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Passage SHA-256: 53fb61b0c2ec941d7269b7adbad64e0ca5b511e2590c9ec64ac558a4a9e1d39d
Source location: Title 22, Chapter 52, § 4008; chapter-052-foreign-service.md
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**(a)** The Secretary shall prescribe regulations concerning the standards of performance to be met by career members of the Service who are citizens of the United States. Whenever a selection board review indicates that the performance of such a career member of the Service may not meet the standards of performance for his or her class, the Secretary shall provide for administrative review of the performance of the member. The review shall include an opportunity for the member to be heard.
**(b)** In any case where the administrative review conducted under subsection (a) substantiates that a career member of the Service has failed to meet the standards of performance for his or her class, the member shall be retired from the Service and receive benefits in accordance with [section 4009 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4009&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Entitlement** A member of the Service—
(1) who is retired under [section 4007(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4007/c/2&num=0&edition=prelim); or
(2) who is retired under section 4007(c)(1) or 4008(b) or 4010a of this title—
(A) after becoming eligible for voluntary retirement under [section 4051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4051&num=0&edition=prelim) or any other applicable provision of chapter 84 of title 5, or
(B) from the Senior Foreign Service or while assigned to class 1 in the Foreign Service Schedule,
shall 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.
**(b) Computation of amount; refund; death of member** Any member of the Service (other than a member to whom subsection (a) applies) who is retired under section 4007(c)(1) or 4008(b) or 4010a of this title shall receive—
(1) one-twelfth of a year’s salary at his or her then current salary rate for each year of service and proportionately for a fraction of a year, but not exceeding a total of one year’s salary at his or her then current salary rate, payable without interest from the Foreign Service Retirement and Disability Fund in 3 equal installments, such installments to be paid on January 1 of each of the first 3 calendar years beginning after the retirement of the member (except that in special cases, the Secretary of State may accelerate or combine such installments); and
(2)
(A) fo
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4009
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Conversion to class, grade, or step corresponding to level prior to conversion; reduction in position or salary; conversion from Foreign Service under [section 4154 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4154&num=0&edition=prelim)**
(1) Every individual who is converted under this subchapter shall be converted to the class or grade and pay rate that most closely corresponds to the class or grade and step at which the individual was serving immediately before conversion. No conversion under this subchapter shall cause any individual to incur a reduction in his or her class, grade, or basic rate of salary.
(2) An individual converted under [section 4154 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4154&num=0&edition=prelim) to a position in the competitive service shall be entitled to have that position, or any other position to which the individual is subsequently assigned (other than at the request of the individual), be considered for all purposes as at the grade which corresponds to the class in which the individual served immediately before conversion so long as the individual continues to hold that position.
**(b) Participation in Foreign Service Retirement and Disability System**
(1) Any participant in the Foreign Service Retirement and Disability System who would, but for this paragraph, participate in the Civil Service Retirement and Disability System by virtue of conversion under this subchapter shall remain a participant in the Foreign Service Retirement and Disability System for 120 days after participation in the Foreign Service Retirement and Disability System would otherwise cease. During such 120-day period, the individual may elect in writing to con
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4156
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Federal law — U.S. Code and appendices · legal_authorities
Page 1461
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4009
signed to salary classes in the Foreign Service
Schedule to which Foreign Service officers
may also be assigned.
(2) Maximum time in class limitations under
this subsection (which may not be less than 3
years for career members of the Senior Foreign
Service) may apply with respect to the time a
member may remain in a single salary class or
in a combination of salary classes.
(3) The Secretary may, by regulation, increase
or decrease any maximum time in class estab-
lished under this subsection as the needs of the
Service may require. If maximum time in class
is decreased, the Secretary shall provide any
member of the Service who is in a category and
salary class subject to the new time in class lim-
itation an opportunity to remain in class (not-
withstanding the new limitation) for a period
which is at least as long as the shorter of—
(A) the period which the member would have
been permitted to remain in class but for the
decrease in maximum time in class, or
(B) such minimum period as the Secretary
determines is necessary to provide members of
the Service who are in the same category and
salary class as that member a reasonable op-
portunity to be promoted into the next higher
class or combination of classes, as the case
may be.
(b) Limited career extension
Members of the Service whose maximum time
in class under subsection (a) expires—
(1) after they have attained the highest sal-
ary class for their respective occupational cat-
egories, or
(2) in the case of members of the Senior For-
eign Service, while they are in salary classes
designated by the Secretary,
may continue to serve only under limited
extentions of their career appointments. Such
limited extensions may not exceed
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4008
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