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22 U.S.C. § 4066 — Cost-of-living adjustment of annuities
Federal law — U.S. Code and appendices · legal_authorities
**(a) Effective date** A cost-of-living annuity increase shall become effective under this section on the effective date of each such increase under [section 8340(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8340/b&num=0&edition=prelim). Each such increase shall be applied to each annuity payable from the Fund under this part which has a commencing date not later than the effective date of the increase.
**(b) Applicability of increases under other provisions of law** Each annuity increase under this section shall be identical to the corresponding percentage increase under [section 8340(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8340/b&num=0&edition=prelim).
**(c) Eligibility for increases** Eligibility for an annuity increase under this section shall be governed by the commencing date of each annuity payable from the Fund under this part as of the effective date of an increase except as follows:
(1) The first increase (if any) made under this section to an annuity which is payable from the Fund to a participant or to the surviving spouse or former spouse of a deceased participant who died in service or a deceased annuitant whose annuity was not increased under this section, shall be equal to the product (adjusted to the nearest ⅒ of 1 percent) of—
(A) 1⁄12 of the applicable percent change computed under subsection (b) of this section, multiplied by
(B) the number of months (counting any portion of a month as a month)—
(i) for which the annuity was payable from the Fund before the effective date of the increase, or
(ii) in the case of a surviving spouse or former spouse of a deceased annuitant whose annuity has not been so increased, since the annuity was first
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Stable record: federal_law:legal_authorities:record_usc_403e54970d1bdceded4e173f
Source file: Laws/federal/codes/united-states-code/title-22/section-4066-cost-of-living-adjustment-of-annuities--b4aaf7dba1.md
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Passage SHA-256: b1323d93e9e1b2dcefe393052932af310693324af4c3c703ae50dc4ff4fc7874
Source location: Title 22, Chapter 52, § 4066; chapter-052-foreign-service.md
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**(a) Effective date** A cost-of-living annuity increase shall become effective under this section on the effective date of each such increase under [section 8340(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8340/b&num=0&edition=prelim). Each such increase shall be applied to each annuity payable from the Fund under this part which has a commencing date not later than the effective date of the increase.
**(b) Applicability of increases under other provisions of law** Each annuity increase under this section shall be identical to the corresponding percentage increase under [section 8340(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8340/b&num=0&edition=prelim).
**(c) Eligibility for increases** Eligibility for an annuity increase under this section shall be governed by the commencing date of each annuity payable from the Fund under this part as of the effective date of an increase except as follows:
(1) The first increase (if any) made under this section to an annuity which is payable from the Fund to a participant or to the surviving spouse or former spouse of a deceased participant who died in service or a deceased annuitant whose annuity was not increased under this section, shall be equal to the product (adjusted to the nearest ⅒ of 1 percent) of—
(A) 1⁄12 of the applicable percent change computed under subsection (b) of this section, multiplied by
(B) the number of months (counting any portion of a month as a month)—
(i) for which the annuity was payable from the Fund before the effective date of the increase, or
(ii) in the case of a surviving spouse or former spouse of a deceased annuitant whose annuity has not been so increased, since the annuity was first payable to the deceased annuitant.
(2) Effective from its commencing date, an annuity payable from the Fund under this part to the survivor of an annuitant, except a child entitled to an annuity under [section 4046(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046/c&num=0&edition=prelim) or section 4049(c) or (d) of this title, shall be increased by the total percentage increase the annuitant was receiving under this section at death.
(3) For purposes of computing or recomputing an annuity to a child under section 4046(c) or (d) of this title or section 4049(c) or (d) of this title, the items $900, $1,080, $2,700, and $3,240 appearing in [section 4046(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046/c&num=0&edition=prelim) shall be increased by the total percentage increases by which corresponding amounts are being increased under [section 8340 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8340&num=0&edition=prelim) on the date the annuity of the child becomes effective.
**(d) Exclusion of additional annuity purchased after retirement by voluntary contribution** No increase in annuity provided by this section shall be computed on any additional annuity purchased at retirement by voluntary contributions.
**(e) Rounding off of amount; minimum increases** The monthly installment of annuity after adjustment under this section shall be rounded to the next lowest dollar, except such installment shall after adjustment reflect an increase of at least $1.
**(f) Rate of increase for surviving spouses of annuitants electing reduced annuity** Effective from its commencing date, there shall be an increase of 10 percent in the annuity of each surviving spouse whose entitlement to annuity resulted from the death of an annuitant who, prior to October 1, 1976, elected a reduced annuity in order to provide a spouse’s survivor annuity.
**(g) Maximum annuity**
(1) An annuity shall not be increased by reason of any adjustment under this section to an amount which exceeds the greater of—
(A) the maximum pay rate payable for class FS–1 under [section 3963 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3963&num=0&edition=prelim), 30 days before the effective date of the adjustment under this section; or
(B) the final pay (or average pay, if higher) of the former participant with respect to whom the annuity is paid, increased by the overall annual average percentage adjustments (compounded) in rates of pay of the Foreign Service Schedule under such [section 3963 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3963&num=0&edition=prelim) during the period—
(i) beginning on the date the annuity commenced (or, in the case of a survivor of the retired participant, the date the participant’s annuity commenced), and
(ii) ending on the effective date of the adjustment under this section.
(2) For the purposes of paragraph (1) of this subsection, “pay” means the rate of salary or basic pay as payable under any provision of law, including any provision of law limiting the expenditure of appropriated funds.
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Federal law — U.S. Code and appendices · legal_authorities
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
The President shall establish a Foreign Service Schedule which shall consist of 9 salary classes and which shall apply to members of the Service who are citizens of the United States and for whom salary rates are not otherwise provided for by this subchapter. The maximum salary rate for the highest class established under this section, which shall be designated class 1, may not exceed the maximum rate of basic pay prescribed for GS–15 of the General Schedule under [section 5332 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim). Salary rates established under this section shall be adjusted in accordance with [section 5303 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5303&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3963
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a)** For the purpose of this section—
(1) the term “base quarter”, as used with respect to a year, means the calendar quarter ending on September 30, of such year; and
(2) the price index for a base quarter is the arithmetical mean of such index for the 3 months comprising such quarter.
**(b)** Except as provided in subsection (c) of this section, effective December 1 of each year, each annuity payable from the Fund having a commencing date not later than such December 1 shall be increased by the percent change in the price index for the base quarter of such year over the price index for the base quarter of the preceding year in which an adjustment under this subsection was made, adjusted to the nearest ⅒ of 1 percent.
**(c)** Eligibility for an annuity increase under this section is governed by the commencing date of each annuity payable from the Fund as of the effective date of an increase, except as follows:
(1) The first increase (if any) made under subsection (b) of this section to an annuity which is payable from the Fund to an employee or Member who retires, to the widow, widower, or former spouse,11 So in original. The comma probably should not appear. of a deceased employee or Member, or to the widow, widower, former spouse, or insurable interest designee of a deceased annuitant whose annuity has not been increased under this subsection or subsection (b) of this section, shall be equal to the product (adjusted to the nearest ⅒ of 1 percent) of—
(A) 1⁄12 of the applicable percent change computed under subsection (b) of this section, multiplied by
(B) the number of months (not to exceed 12 months, counting any portion of a month as a month)—
(i) for which the annuity was payable from the Fund before the effective date of the increase, or
(
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8340
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Living Service members**
(1) Unless otherwise expressly provided by any spousal agreement or court order under [section 4060(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4060/b/1&num=0&edition=prelim), a former spouse of a participant or former participant is entitled to an annuity if such former spouse was married to the participant for at least 10 years during service of the participant which is creditable under this subchapter with at least 5 of such years occurring while the participant was a member of the Foreign Service and—
(A) if married to the participant throughout the creditable service of the participant, equal to 50 percent of the annuity of the participant; or
(B) if not married to the participant throughout such creditable service, equal to that former spouse’s pro rata share of 50 percent of such annuity.
(2) A former spouse shall not be qualified for an annuity under this subsection if before the commencement of that annuity the former spouse remarries before becoming 60 years of age.
(3) The annuity of a former spouse under this subsection commences on the later of the day the participant upon whose service the annuity is based becomes entitled to an annuity under this part or the first day of the month in which the divorce or annulment involved becomes final. The annuity of such former spouse and the right thereto terminate on—
(A) the last day of the month before the former spouse dies or remarries before 60 years of age; or
(B) the date the annuity of the participant terminates (except in the case of an annuity subject to paragraph (5)(B)).
(4) No spousal agreement or court order under [section 4060(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-pre
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4054
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Federal law — U.S. Code and appendices · legal_authorities
Page 1506
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4065
1 See Amendment of Section note below.
eral of the Department [of State] may waive the provi-
sions of subsections (a) through (d) of section 824 of the
Foreign Service Act of 1980 (22 U.S.C. 4064), on a case-
by-case basis, for an annuitant reemployed by the In-
spector General on a temporary basis, subject to the
same constraints and in the same manner by which the
Secretary of State may exercise such waiver authority
pursuant to subsection (g) of such section.’’
EXTENSION OF AUTHORITY
Extensions of the waiver authority of the Secretary
of State under former subsec. (g)(2) of this section (see
2016 Amendment note above) were contained in the fol-
lowing acts:
Pub. L. 114–113, div. K, title VII, § 7034(k)(4), Dec. 18,
2015, 129 Stat. 2764.
Pub. L. 113–235, div. J, title VII, § 7034(l)(4), Dec. 16,
2014, 128 Stat. 2625.
Pub. L. 113–76, div. K, title VII, § 7034(m)(4), Jan. 17,
2014, 128 Stat. 515.
Pub. L. 112–74, div. I, title VII, § 7034(m)(4), Dec. 23,
2011, 125 Stat. 1216.
§ 4065. Voluntary contribution account
(a) Composition; election and return
1 The voluntary contribution account shall be
the sum of unrefunded amounts voluntarily con-
tributed prior to February 15, 1981, by any par-
ticipant or former participant under any prior
law authorizing such contributions to the Fund,
plus interest compounded at the rate of 3 per-
cent per year to the date of separation from the
Service or (in case of participant or former par-
ticipant separated with entitlement to a de-
ferred annuity) to the date the voluntary con-
tribution 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
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4066
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