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22 U.S.C. § 4043 — Participants
Federal law — U.S. Code and appendices · legal_authorities
**(a) Career appointees or candidates; chiefs of mission** Except as provided in subsection (d), the following members of the Service (hereinafter in this part referred to as “participants”) shall be entitled to the benefits of the System:
(1) Every member who is serving under a career appointment or as a career candidate under [section 3946 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3946&num=0&edition=prelim)—
(A) in the Senior Foreign Service, or
(B) assigned to a salary class in the Foreign Service Schedule.
(2) Every chief of mission, who is not a participant under paragraph (1), who—
(A) has served as chief of mission for an aggregate period of 20 years or more, and
(B) has paid into the Fund a special contribution for each year of such service in accordance with [section 4045 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4045&num=0&edition=prelim).
**(b) Executive branch appointees** Any otherwise eligible member of the Service who is appointed to a position in the executive branch by the President, by and with the advice and consent of the Senate, or by the President alone, shall not by virtue of the acceptance of such appointment cease to be eligible to participate in the System.
**(c) Binational Center Grantees** In addition to the individuals who are participants in the System under subsection (a), any individual who was appointed as a Binational Center Grantee and who completed at least 5 years of satisfactory service as such a grantee or under any other appointment under the Foreign Service Act of 1946 may become a participant in the System, and shall receive credit for such service if an appropriate special contribution is made to the Fund in accorda
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Source file: Laws/federal/codes/united-states-code/title-22/section-4043-participants--cdbdc222a5.md
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Source location: Title 22, Chapter 52, § 4043; chapter-052-foreign-service.md
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**(a) Career appointees or candidates; chiefs of mission** Except as provided in subsection (d), the following members of the Service (hereinafter in this part referred to as “participants”) shall be entitled to the benefits of the System:
(1) Every member who is serving under a career appointment or as a career candidate under [section 3946 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3946&num=0&edition=prelim)—
(A) in the Senior Foreign Service, or
(B) assigned to a salary class in the Foreign Service Schedule.
(2) Every chief of mission, who is not a participant under paragraph (1), who—
(A) has served as chief of mission for an aggregate period of 20 years or more, and
(B) has paid into the Fund a special contribution for each year of such service in accordance with [section 4045 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4045&num=0&edition=prelim).
**(b) Executive branch appointees** Any otherwise eligible member of the Service who is appointed to a position in the executive branch by the President, by and with the advice and consent of the Senate, or by the President alone, shall not by virtue of the acceptance of such appointment cease to be eligible to participate in the System.
**(c) Binational Center Grantees** In addition to the individuals who are participants in the System under subsection (a), any individual who was appointed as a Binational Center Grantee and who completed at least 5 years of satisfactory service as such a grantee or under any other appointment under the Foreign Service Act of 1946 may become a participant in the System, and shall receive credit for such service if an appropriate special contribution is made to the Fund in accordance with section 4045(d) or (f) of this title.
**(d) Exclusion** An individual subject to the Foreign Service Pension System (described in part II) is not a participant in this System.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Trial period under limited appointment** Before receiving a career appointment in the Service, an individual shall first serve under a limited appointment as a career candidate for a trial period of service prescribed by the Secretary. During such trial period of service, the Secretary shall decide whether—
(1) to offer a career appointment to the candidate under [section 3943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3943&num=0&edition=prelim), or
(2) to recommend to the President that the candidate be given a career appointment under [section 3942 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942&num=0&edition=prelim).
**(b) Decisions by Secretary** Decisions by the Secretary under subsection (a) shall be based upon the recommendations of boards, established by the Secretary and composed entirely or primarily of career members of the Service, which shall evaluate the fitness and aptitude of career candidates for the work of the Service.
**(c) Foreign Service Grievance Board decisions** Nothing in this section shall be construed to limit the authority of the Secretary or the Foreign Service Grievance Board under [section 4137 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4137&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3946
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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
### Statutory Notes
Section 1221, Pub. L. 90–494, § 1, Aug. 20, 1968, 82 Stat. 810; Pub. L. 95–426, title II, § 204(b)(1), Oct. 7, 1978, 92 Stat. 973, related to establishment of a category of officers of United States Information Agency known as Foreign Service information officers.
Section 1222, Pub. L. 90–494, § 2, Aug. 20, 1968, 82 Stat. 810; Pub. L. 95–426, title II, § 204(b)(1), Oct. 7, 1978, 92 Stat. 973, related to Congressional statement of policy with respect to Foreign Service Information Officer Corps.
Section 1223, Pub. L. 90–494, § 3, Aug. 20, 1968, 82 Stat. 810, related to Congressional statement of purpose with respect to Foreign Service Information Officer Corps.
Section 1224, Pub. L. 90–494, § 4, Aug. 20, 1968, 82 Stat. 811; Pub. L. 95–426, title II, § 204(b)(2), Oct. 7, 1978, 92 Stat. 973, related to authority of Director of United States Information Agency. See [section 3922 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3922&num=0&edition=prelim).
Section 1225, Pub. L. 90–494, § 5, Aug. 20, 1968, 82 Stat. 811, related to policies and regulations of Foreign Service information officer personnel system and the Foreign Service officer personnel system. See sections 3923 and 3925 of this title.
Section 1226, Pub. L. 90–494, § 6, Aug. 20, 1968, 82 Stat. 811, related to appointment and assignment of Foreign Service information officers.
Section 1227, Pub. L. 90–494, § 7, Aug. 20, 1968, 82 Stat. 811, related to promotion of Foreign Service information officers.
Section 1228, Pub. L. 90–494, § 8, Aug. 20, 1968, 82 Stat. 812, related to separation and retirement of Foreign Service information officers.
Section 1229, Pub. L. 90–494, § 9, Aug. 20, 1968, 82 Stat. 812; Pub. L. 94–350, title V, § 522(d), July 1
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1221 to 1234
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Covered members** Except for persons excluded by subsection (b), (c), or (d), all members of the Foreign Service, any of whose service after December 31, 1983, is employment for the purpose of title II of the Social Security Act [[42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.] and chapter 21 of title 26, who would, but for this section, be participants in the Foreign Service Retirement and Disability System pursuant to [section 4043 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4043&num=0&edition=prelim) shall instead be participants in the Foreign Service Pension System.
**(b) Exclusion of participants in Foreign Service Retirement and Disability System** Members of the Service who were participants in the Foreign Service Retirement and Disability System on or before December 31, 1983, and who have not had a break in service in excess of one year since that date, are not made participants in the System by this section, without regard to whether they are subject to title II of the Social Security Act [[42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.].
**(c) Exclusion of individuals with certain creditable civilian service** Individuals who become members of the Service after having completed at least 5 years of civilian service creditable under part I of this subchapter, subchapter III of chapter 83 of title 5 (the Civil Service Retirement System), or title II of the Central Intelligence Agency Retirement Act ([50 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2011&num=0&edition=prelim) et seq.) (determined without regard t
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4071b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Service included** For purposes of this part, creditable service of a participant includes—
(1) service as a participant after December 31, 1986;
(2) service with respect to which deductions and withholdings under section 204(a)(2) of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983 have been made; and
(3) except as provided in subsection (b), any civilian service performed before January 1, 1989 (other than service under paragraph (1) or (2)), which, but for the amendment made by section 414 of the Federal Employees’ Retirement System Act of 1986, would be creditable under part I (determined without regard to any deposit or redeposit requirement under such part, subchapter III of chapter 83 of title 5 (the Civil Service Retirement System), or title II of the Central Intelligence Agency Retirement Act ([50 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2011&num=0&edition=prelim) et seq.), any requirement that the individual become subject to such part, subchapter, or title after performing the service involved, or any requirement that the individual give notice in writing to the official by whom such individual is paid of such individual’s desire to become subject to such part, subchapter, or title).
**(b) Refund of retirement deductions; retirement deduction not made; required deposit; computation of interest**
(1) A participant who has received a refund of retirement deductions under part I with respect to any service described in subsection (a)(3) may not be allowed credit for such service under this part unless such participant deposits into the Fund an amount equal to 1.3 percent of basic pay for such service, with interest.
(2) A participant may not be allowed credit under this pa
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4071c
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Federal law — U.S. Code and appendices · legal_authorities
Page 1476
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4042
tion 4054(a) of this title or except to the extent pro-
vided in section 4159 of this title, regarding rights of
former spouses to receive survivor annuities under this
subchapter, see section 2403(a) and (e) of Pub. L. 96–465,
set out as a note under section 3901 of this title.
TERMINATION
OF RETIREMENT BENEFITS
FOR FOREIGN
NATIONAL EMPLOYEES ENGAGING
IN HOSTILE INTEL-
LIGENCE ACTIVITIES
Pub. L. 100–204, title I, § 158, Dec. 22, 1987, 101 Stat.
1355, provided that:
‘‘(a) TERMINATION.—The Secretary of State shall exer-
cise the authorities available to him to ensure that the
United States does not provide, directly or indirectly,
any retirement benefits of any kind to any present or
former foreign national employee of a United States
diplomatic or consular post against whom the Sec-
retary has convincing evidence that such employee has
engaged in intelligence activities directed against the
United States. To the extent practicable, the Secretary
shall provide due process in implementing this section.
‘‘(b) WAIVER.—The Secretary of State may waive the
applicability of subsection (a) on a case-by-case basis
with respect to an employee if he determines that it is
vital to the national security of the United States to do
so and he reports such waiver to the appropriate com-
mittees of the Congress.’’
TEMPORARY RETIREMENT CONTRIBUTIONS AND
PROCEDURES FOR CERTAIN PARTICIPANTS
For temporary provisions providing modified con-
tributions and procedures for members of the Service
participating in the Foreign Service Retirement and
Disability System who are also required to pay employ-
ment taxes relating to benefits under title II of the So-
cial Security Act, 42 U.S.C. 401 et seq., until they are
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4043
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.