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22 U.S.C. § 4049 — Death in service
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Stable record: federal_law:legal_authorities:record_usc_563215480276b913afd22d04
Source file: Laws/federal/codes/united-states-code/title-22/section-4049-death-in-service--0d78e5a566.md
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Passage SHA-256: 2cab4d2f7a1832d55a317667d6c8b4e84bfb8170f7d97da3600e4c342ac3a580
Source location: Title 22, Chapter 52, § 4049; chapter-052-foreign-service.md
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**(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 surviving child of the annuitant, and a child or children, each surviving child shall be entitled to an annuity computed in accordance with subsections (c)(1) and (d) of [section 4046 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046&num=0&edition=prelim).
**(d) Surviving 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 not survived by a spouse, or a former spouse who is the natural or adoptive parent of a surviving child of the annuitant, but by a child or children, each surviving child shall be entitled to an annuity computed in accordance with subsections (c)(2) and (d) of [section 4046 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046&num=0&edition=prelim).
**(e) Service credit; presumption of qualification** If, at the time of his or her death, the participant had less than 20 years of service credit toward retirement under the System, the annuity payable in accordance with subsection (b) shall be computed in accordance with [section 4046 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046&num=0&edition=prelim) on the assumption he or she has had 20 years of service, except that the additional service credit that may accrue to a deceased participant under this subsection shall in no case exceed the difference between his or her age on the date of death and age 60. In all cases arising under this subsection or subsection (b), (c), (d), or (g), it shall be assumed that the deceased participant was qualified for retirement on the date of death.
**(f) Recall service** If an annuitant entitled to a reduced annuity dies in service after being recalled under [section 3948 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3948&num=0&edition=prelim) and is survived by a spouse or former spouse entitled to a survivor annuity based on the service of such annuitant, such survivor annuity shall be computed as if the recall service had otherwise terminated on the day of death and the annuity of the deceased had been resumed in accordance with [section 4063 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4063&num=0&edition=prelim). If such death occurs after the annuitant had completed sufficient recall service to attain eligibility for a supplemental annuity, a surviving spouse or surviving former spouse who was married to the participant at any time during a period of recall service shall be entitled to elect, in addition to any other benefits and in lieu of a refund of retirement contributions made during the recall service, a supplemental survivor annuity computed and paid under [section 4046(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046/i&num=0&edition=prelim) as if the recall service had otherwise terminated. If the annuitant had completed sufficient recall service to attain eligibility to have his or her annuity determined anew, a surviving spouse or such a surviving former spouse may elect, in lieu of any other survivor benefit under this subchapter, to have the rights of the annuitant redetermined and to receive a survivor annuity computed under subsection (b) on the basis of the total service of the annuitant.
**(g) Limitation on surviving spouse’s annuity** Notwithstanding subsection (b), if the participant or former participant had a 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), the annuity of the spouse under this section shall be subject to the limitation of [section 4046(b)(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046/b/3/B&num=0&edition=prelim).
**(h) Commencement, termination, and resumption of annuities** Annuities that become payable under this section shall commence, terminate, and be resumed in accordance with subsection (b)(4), (e), or (h) of [section 4046 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046&num=0&edition=prelim), as appropriate.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4055
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Full salary in lieu of annuity; contributions to Fund; resumption of annuity with cost-of-living adjustment** Any annuitant recalled to duty in the Service under [section 3948(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3948/a&num=0&edition=prelim) shall, while so serving, be entitled in lieu of annuity to the full salary of the class in which serving. During such service the recalled annuitant shall make contributions to the Fund in accordance with [section 4045 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4045&num=0&edition=prelim). On the day following termination of the recall service, the former annuity shall be resumed, adjusted by any cost-of-living increases under [section 4065 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4065&num=0&edition=prelim) that became effective during the recall period.
**(b) Refund of contributions to Fund; election for supplemental annuity or determination of annuity anew; prior service counted as recall service** If the recall service lasts less than one year, the contributions of the annuitant to the Fund during recall service shall be refunded in accordance with [section 4055 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4055&num=0&edition=prelim). If the recall service lasts more than one year, the annuitant may, in lieu of such refund, elect a supplemental annuity computed under [section 4046 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046&num=0&edition=prelim) on the basis of service credit and average salary earned during the recall period irrespective of the number of years of service cred
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4063
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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
**(a) Retired career members** Whenever the Secretary determines that the needs of the Service so require, the Secretary may recall any retired career member of the Service for active duty in the same personnel category as that member was serving at the time of retirement. A retired career member may be recalled under this section to any appropriate salary class or rate, except that a retired career member of the Senior Foreign Service may not be recalled to a salary class higher than the one in which the member was serving at the time of retirement unless appointed to such higher class by the President, by and with the advice and consent of the Senate.
**(b) Former career members** Former career members of the Service may be reappointed under section 3942(a)(1) or 3943 of this title, without regard to [section 3946 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3946&num=0&edition=prelim), in a salary class which is appropriate in light of the qualifications and experience of the individual being reappointed.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3948
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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) 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
**(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
Page 1491
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4049
2 So in original. Probably should be chapter ‘‘81’’.
part or subchapter I of such chapter 8 2 for any
part of the same period of time. Neither this
subsection nor any provision of subchapter I of
such chapter 8 2 shall be construed to deny the
right of any participant to receive an annuity
under this part and to receive concurrently any
payment under subchapter I of such chapter 8 2
by reason of the death of any other individual.
(e) Lump sum disability payments
Notwithstanding any other law, the right of
any individual entitled to an annuity under this
part shall not be affected because such person
has received an award of compensation in a
lump sum under section 8135 of title 5, except
that where such annuity is payable on account
of the same disability for which compensation
under such section has been paid, so much of
such compensation as has been paid for any pe-
riod extended beyond the date such annuity be-
comes effective, as determined by the Secretary
of Labor, shall be refunded to the Department of
Labor, to be paid into the Federal Employees’
Compensation Fund. Before such individual re-
ceives such annuity, he or she shall—
(1) refund to the Department of Labor the
amount representing such commuted pay-
ments for such extended period, or
(2) authorize the deduction of such amount
from the annuity payable under this part,
which amount shall be transmitted to the De-
partment of Labor for reimbursement to such
Fund.
Deductions from such annuity may be made
from accrued and accruing payments, or may be
prorated against and paid from accruing pay-
ments in such manner as the Secretary of Labor
shall determine, whenever the Secretary of
Labor finds that the financial circum
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4049
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.