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22 U.S.C. § 4009 — Retirement benefits

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

22 U.S.C. § 4009 — Retirement benefits

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Stable record: federal_law:legal_authorities:record_usc_426ae04502d717d2aee16a47
Source file: Laws/federal/codes/united-states-code/title-22/section-4009-retirement-benefits--6187b68e35.md
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Source location: Title 22, Chapter 52, § 4009; chapter-052-foreign-service.md

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**(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) for those participants in the Foreign Service Retirement and Disability System, a refund as provided in [section 4055 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4055&num=0&edition=prelim) of the contributions made by the member to the Foreign Service Retirement and Disability Fund, except that in lieu of such refund a member who has at least 5 years of service credit toward retirement under the Foreign Service Retirement and Disability System (excluding military and naval service) may elect to receive an annuity, computed under [section 4046 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046&num=0&edition=prelim), commencing at age 60; and (B) for those participants in the Foreign Service Pension System, benefits as provided in [section 4071 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4071&num=0&edition=prelim). In the event that a member of the Service has elected to receive retirement benefits under paragraph (2) and dies before reaching age 60 (for participants in the Foreign Service Retirement and Disability System) or age 62 (for participants in the Foreign Service Pension System), his or her death shall be considered a death in service within the meaning of [section 4049 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4049&num=0&edition=prelim).

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22 U.S.C. § 1076 — Repealed. Pub. L. 96–465, title II, § 2205(1), Oct. 17, 1980, 94 Stat. 2159

### Statutory Notes Section, acts Aug. 13, 1946, ch. 957, title VIII, § 821, 60 Stat. 1020; Aug. 5, 1955, ch. 576, § 11, 69 Stat. 537; July 28, 1956, ch. 770, § 9, 70 Stat. 705; Sept. 8, 1960, Pub. L. 86–723, § 34, 74 Stat. 839; Oct. 31, 1965, Pub. L. 89–308, § 9(1), 79 Stat. 1131; Feb. 28, 1970, Pub. L. 91–201, title II, § 202, 84 Stat. 18; July 12, 1976, Pub. L. 94–350, title V, § 505, 90 Stat. 837; Ex. Ord. No. 11952, § 2(b)–(d), Jan. 7, 1977, 42 F.R. 2293, 4809; Aug. 17, 1977, Pub. L. 95–105, title IV, § 409(b), 91 Stat. 854; Ex. Ord. No. 12145, §§ 1–104 to 1–110, July 18, 1979, 44 F.R. 42653, related to rate of annuity and commencement and termination of payments. #### Effective Date of Repeal Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under [section 3901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3901&num=0&edition=prelim). #### Recomputation of Annuity Rates Act Aug. 13, 1946, ch. 957, title XI, § 1112, 60 Stat. 1035, which related to recomputation of annuity rates, was repealed by Pub. L. 96–465, title II, § 2205(1), Oct. 17, 1980, 94 Stat. 2159. #### Computation of Annuities of Participants Retiring During the Period Beginning October 1, 1978 and Ending December 31, 1979 Pub. L. 95–426, title IV, § 406, Oct. 7, 1978, 92 Stat. 979, which provided that the annuity of any participant in the Foreign Service Retirement and Disability System whose salary was or is limited by [section 5308 of Title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5308&num=0&edition=prelim) and who retired during the period beginning Oct. 1, 1978 and ending Dec. 31, 1979, would be equal to 2 per centum of his or her ba

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1076

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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

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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. § 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. § 4010a — Reductions in force

**(a) Authorization and regulations** The Secretary may conduct reductions in force and shall prescribe regulations for the separation of members of the Service holding a career or career candidate appointment under subchapter III of this chapter, under such reductions in force which give due effect to the following: (1) Organizational changes. (2) Documented employee knowledge, skills, or competencies. (3) Tenure of employment. (4) Documented employee performance. (5) Military preference, subject to [section 3501(a)(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3501/a/3&num=0&edition=prelim). **(b) Applicability of retirement benefits** The provisions of [section 4009 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4009&num=0&edition=prelim) shall be applicable to any member of the Service holding a career or career candidate appointment under subchapter III of this chapter, who is separated under the provisions of this section. **(c) Grievance procedure** An employee against whom action is taken under this section may elect either to file a grievance under subchapter XI or to appeal to the Merit Systems Protection Board under procedures prescribed by the Board. Grievances under subchapter XI shall be limited to cases of reprisal, interference in the conduct of an employee’s official duties, or similarly inappropriate use of the authority of this section.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4010a

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22 U.S.C. § 4051 — Voluntary retirement

Any participant who is at least 50 years of age and has 20 years of creditable service, including at least 5 years of service credit toward retirement under the System (excluding military and naval service), may on his or her own application and with the consent of the Secretary 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). The Secretary shall withhold consent for retirement under this section by any participant who has not been a member of the Service for 5 years. Any participant who voluntarily separates from the Service before completing 5 years in the System and who, on the date of separation, would be eligible for an annuity, based on a voluntary separation, under section 8336 or 8338 of title 5, if the participant had been covered under the Civil Service Retirement System rather than subject to this subchapter while a member of the Service, may receive an annuity under section 8336 or 8338, notwithstanding [section 8333(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8333/b&num=0&edition=prelim), if all contributions transferred to the Fund under [section 4045(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4045/c/1&num=0&edition=prelim), as well as all contributions withheld from the participant’s pay or contributed by the employer, and deposited into the Fund during the period he or she was subject to this subchapter, including interest on these amounts, are transferred to the Civil Service Retirement and Disability Fund effective on the date the participant separates from the Service.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4051

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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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22 U.S.C. § 4071 — Establishment; application of Federal Employees’ Retirement System to Foreign Service Pension System participants

**(a)** There is hereby established a Foreign Service Pension System. **(b)** Except as otherwise specifically provided in this part or any other provision of law, the provisions of chapter 84 of title 5 shall apply to all participants in the Foreign Service Pension System and such participants shall be treated in all respects similar to persons whose participation in the Federal Employees’ Retirement System provided in that chapter is required.

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22 U.S.C. § 4007 — Retirement for expiration of time in class

**(a) Maximum time** (1) The Secretary shall, by regulation, establish maximum time in class limitations for— (A) career members of the Senior Foreign Service, (B) Foreign Service officers, and (C) other career members of the Service who are in such occupational categories as may be designated by the Secretary and who are assigned 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 established 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 limitation an opportunity to remain in class (notwithstanding 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 opportunity 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 salary class for their respective occupational categorie

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4007

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22 U.S.C. § 4008 — Retirement based on failure to meet standard of performance

**(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).

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4008

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