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22 U.S.C. § 4071d — Entitlement to annuity

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

22 U.S.C. § 4071d — Entitlement to annuity

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Source file: Laws/federal/codes/united-states-code/title-22/section-4071d-entitlement-to-annuity--c4588a92f1.md
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Source location: Title 22, Chapter 52, § 4071d; chapter-052-foreign-service.md

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**(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 as a member of the Foreign Service, shall be entitled to an immediate annuity computed under paragraph (2). (2) An annuity under paragraph (1) shall be computed— (A) in accordance with [section 8415(e)(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8415/e/1&num=0&edition=prelim) for all service while a participant in this System and for prior service creditable under this part not otherwise counted as— (i) a member of the Service, (ii) an employee of the Central Intelligence Agency entitled to retirement credit under 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.) or under section 302(a) or 303(b) of that Act ([50 U.S.C. 2152(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2152/a&num=0&edition=prelim), 2153(b)), or (iii) a participant as a Member of Congress, a congressional employee, law enforcement officer, firefighter, or air traffic controller in the Civil Service Retirement System under subchapter III of chapter 83, title 5, or in the Federal Employees’ Retirement System under chapter 84 of title 5; and (B) at the rate stated in [section 8415(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8415/a&num=0&edition=prelim) for all other service creditable under this System including service in excess of 20 years otherwise creditable under paragraph (A). (3) Any participant who is involuntarily retired or separated under section 4007, 4008, 4010, or 4010a of this title and who would if a participant under part I, become eligible for a refund of contributions or a deferred annuity under part I, shall, in lieu thereof, receive benefits for an involuntary separation under this part. (4) A disability annuity under this part required to be redetermined under [section 8452(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8452/b&num=0&edition=prelim), or computed under section 8452(c) or (d) of such title 5, shall be recomputed or computed using the formula in subsection (b)(2)(A) of this section rather than section 8415 of such title 5 (as stated in section 8452(b)(2)(A) and 8452(c) and (d) of such title). Such annuity shall also be computed in accordance with the preceding sentence if, as of the day on which such annuity commences or is restored, the annuitant satisfies the age and service requirements for entitlement to an immediate annuity under [section 4051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4051&num=0&edition=prelim). (5) A former participant entitled to a deferred annuity under [section 8413(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8413/b&num=0&edition=prelim) shall not be subject to section 8415(g)(1) of such title 5 if the former participant has 20 years of service creditable under this part and is at least 50 years of age as of the date on which the annuity is to commence. (6) (A) The amount of a survivor annuity for a widow or widower of a participant or former participant shall be 50 percent of an annuity computed for the deceased under this part rather than under section 8415 of such title 5 (as stated in sections 8442(a)(1), (b)(1)(B), and (c)(2) of such title). (B) Any calculation for a widow or widower of a participant or former participant under section 8442(f)(2)(A) shall be based on an “assumed FSRDS annuity” rather than an “assumed CSRS annuity” as stated in such section. For the purpose of this subparagraph, the term “assumed FSRDS annuity” means the amount of the survivor annuity to which the widow or widower would be entitled under part I based on the service of the deceased annuitant determined under section 8442(f)(5) of such title 5. **(c) Annuity supplement** A participant who is entitled to an immediate annuity under subsection (b) shall be entitled to receive an annuity supplement while the annuitant is under 62 years of age. The annuity supplement shall be based on the total creditable service of the annuitant and shall be computed in accordance with sections 8421(b) and 8421a of title 5 as if the participant were a law enforcement officer retired under section 8412(d) 1 of such title. **(d) Separation for cause based on disloyalty** Any participant who is separated for cause under [section 4010 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4010&num=0&edition=prelim) shall not be entitled to an annuity under this System when the Secretary determines that the separation was based in whole or in part on disloyalty to the United States.

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

5 U.S.C. § 8401 — Definitions

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

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

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

**(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

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

5 U.S.C. § 8412 — Immediate retirement

**(a)** An employee or Member who is separated from the service after attaining the applicable minimum retirement age under subsection (h) and completing 30 years of service is entitled to an annuity. **(b)** An employee or Member who is separated from the service after becoming 60 years of age and completing 20 years of service is entitled to an annuity. **(c)** An employee or Member who is separated from the service after becoming 62 years of age and completing 5 years of service is entitled to an annuity. **(d)** (1) An employee who is separated from the service, except by removal for cause on charges of misconduct or delinquency— (A) after completing 25 years of service as a law enforcement officer, member of the Capitol Police or Supreme Court Police, firefighter, nuclear materials courier, or customs and border protection officer, or any combination of such service totaling at least 25 years, or (B) after becoming 50 years of age and completing 20 years of service as a law enforcement officer, member of the Capitol Police or Supreme Court Police, firefighter, nuclear materials courier, or customs and border protection officer, or any combination of such service totaling at least 20 years, (2) (A) In this paragraph— (i) the term “affected individual” means an individual covered under this chapter who— (I) is performing service in a covered position; (II) while on duty, becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under paragraph (1) of this subsection or subsection (e), as applicable; (III) because of the illness or injury described in subclause (II), is permanently unable to render useful and efficient service in the empl

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5 U.S.C. § 8414 — Early retirement

**(a)** (1) A member of the Senior Executive Service who is removed from the Senior Executive Service for less than fully successful executive performance (as determined under subchapter II of chapter 43 of this title) after completing 25 years of service, or after becoming 50 years of age and completing 20 years of service, is entitled to an annuity. (2) A member of the Defense Intelligence Senior Executive Service or the Senior Cryptologic Executive Service who is removed from such service for failure to be recertified as a senior executive or for less than fully successful executive performance after completing 25 years of service, or after becoming 50 years of age and completing 20 years of service, is entitled to an annuity. (3) A member of the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service who is removed from such service for failure to be recertified as a senior executive or for less than fully successful executive performance after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity. **(b)** (1) Except as provided in paragraphs (2) and (3), an employee who— (A) is separated from the service involuntarily, except by removal for cause on charges of misconduct or delinquency; or (B) (i) has been employed continuously, by the agency in which the employee is serving, for at least the 31-day period ending on the date on which such agency requests the determination referred to in clause (iv); (ii) is serving under an appointment that is not time limited; (iii) has not been duly notified that such employee is to be involuntarily separated for misconduct or unacceptable performance; (iv) is separate 11 So in original. Prob

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

22 U.S.C. § 4044 — Definitions

As used in this part, unless otherwise specified, the term— (1) “annuitant” means any individual, including a former participant or survivor, who meets all requirements for an annuity from the Fund under this chapter or any other Act and who has filed a claim for such annuity; (2) “child” means an individual— (A) who— (i) is an offspring or adopted child of the participant, (ii) is a stepchild or recognized natural child of the participant and who received more than one-half support from the participant, or (iii) lived with the participant, for whom a petition of adoption was filed by the participant, and who is adopted by the surviving spouse of the participant after the death of the participant; (B) who is unmarried; and (C) who— (i) is under the age of 18 years, (ii) is a student under the age of 22 years (for purposes of this clause, an individual whose 22d birthday occurs before July 1 or after August 31 of the calendar year in which that birthday occurs, and while the individual is a student, is deemed to become 22 years of age on the first July 1 which occurs after that birthday), or (iii) is incapable of self-support because of a physical or mental disability which was incurred before the individual reached the age of 18 years; (3) “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 as defined by [section 1301(3) of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1301/3&num=0&edition=prelim); (4) “court order” means any court decree of divorce or annulment, or any court order or court approved property settlement agreement incident to any court decree of divor

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5 U.S.C. § 8415 — Computation of basic annuity

**(a)** Except as otherwise provided in this section, the annuity of an employee retiring under this subchapter is 1 percent of that individual’s average pay multiplied by such individual’s total service. **(b)** The annuity of a Member, or former Member with title to a Member annuity, retiring under this subchapter is computed under subsection (a), except that if the individual has had at least 5 years of service as a Member or Congressional employee, or any combination thereof, so much of the annuity as is computed with respect to either such type of service (or a combination thereof), not exceeding a total of 20 years, shall be computed by multiplying 17⁄10 percent of the individual’s average pay by the years of such service. **(c)** The annuity of a Congressional employee, or former Congressional employee, retiring under this subchapter is computed under subsection (a), except that if the individual has had at least 5 years of service as a Congressional employee or Member, or any combination thereof, so much of the annuity as is computed with respect to either such type of service (or a combination thereof), not exceeding a total of 20 years, shall be computed by multiplying 17⁄10 percent of the individual’s average pay by the years of such service. **(d)** Notwithstanding any other provision of law, the annuity of an individual described in subsection (b) or (c) who is a revised annuity employee or a further revised annuity employee shall be computed in the same manner as in the case of an individual described in subsection (a). **(e)** The annuity of an employee retiring under subsection (d)(1) or (e) of section 8412 or under subsection (a), (b), or (c) of section 8425 is— (1) 17⁄10 percent of that individual’s average pay multiplied by so much of such indivi

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

50 U.S.C. § 2001 — Definitions relating to the system

When used in this chapter: (1) **Agency** — The term “Agency” means the Central Intelligence Agency. (2) **Director** — The term “Director” means the Director of the Central Intelligence Agency. (3) **Qualifying service** — The term “qualifying service” means service determined by the Director to have been performed in carrying out duties described in [section 2013 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2013&num=0&edition=prelim). (4) **Fund balance** — The term “fund balance” means the sum of— (A) the investments of the fund calculated at par value; and (B) the cash balance of the fund on the books of the Treasury. (5) **Unfunded liability** — The term “unfunded liability” means the estimated amount by which— (A) the present value of all benefits payable from the fund exceeds (B) the sum of— (i) the present value of deductions to be withheld from the future basic pay of participants subject to subchapter II and of future Agency contributions to be made on the behalf of such participants; (ii) the present value of Government payments to the fund under sections 2091(c) and 2091(d) of this title; and (iii) the fund balance as of the date on which the unfunded liability is determined. (6) **Normal cost** — The term “normal cost” means the level percentage of payroll required to be deposited in the fund to meet the cost of benefits payable under the system (computed in accordance with generally accepted actuarial practice on an entry-age basis) less the value of retirement benefits earned under another retirement system for government employees and less the cost of credit allowed for military service. (7) **Lump-sum credit** — The term “lump-sum credit” means the unrefunded amount consisti

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

5 U.S.C. § 5304 — Locality-based comparability payments

**(a)** Pay disparities shall be identified and reduced as follows: (1) Comparability payments shall be payable within each locality determined to have a pay disparity greater than 5 percent. (2) (A) The localities having pay disparities, and the size of those disparities, shall, for purposes of any comparability payment scheduled to take effect in any calendar year, be determined in accordance with the appropriate report, as prepared and submitted to the President under subsection (d)(1) for purposes of such calendar year. (B) Any computation necessary to determine the size of the comparability payment to become payable for any locality in a year (as well as any determination as to the size of any pay disparity remaining after that comparability payment is made) shall likewise be made using data contained in the appropriate report (described in subparagraph (A)) so prepared and submitted for purposes of such calendar year. (3) Subject to paragraph (4), the amount of the comparability payments payable under this subsection in a calendar year within any locality in which a comparability payment is payable shall be computed using such percentage as the President determines for such locality under subsection (d)(2), except that— (A) the percentage for the first calendar year in which any amounts are payable under this section may not be less than ⅕ of the amount needed to reduce the pay disparity of the locality involved to 5 percent; (B) the percentage for the second calendar year in which any amounts are payable under this section may not be less than 3⁄10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; (C) the percentage for the third calendar year in which any amounts are payable under this section may not be le

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

22 U.S.C. § 4010 — Separation for cause; suspension

**(a) Authorization of Secretary; right to hearing; attorneys fees and backpay; leave without pay** (1) The Secretary may separate any member from the Service for such cause as will promote the efficiency of the Service, including upon receiving notification from the Bureau of Diplomatic Security that such member has engaged in criminal misconduct, such as murder, rape, or other sexual assault. (2) (A) Except as provided in subparagraph (B), whenever the Secretary decides under paragraph (1) to separate, on the basis of misconduct, any member of the Service (other than a United States citizen employed under [section 3951 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3951&num=0&edition=prelim) who is not a family member) who either— (i) is serving under a career appointment, or (ii) is serving under a limited appointment, the member may not be separated from the Service until the member receives a hearing before the Foreign Service Grievance Board and the Board decides that cause for separation has been established, unless the member waives, in writing, the right to such a hearing, or the member’s appointment has expired, whichever is sooner. (B) The right to a hearing in subparagraph (A) does not apply in the case of an individual who has been convicted of a crime for which a sentence of imprisonment of more than one year may be imposed. (3) If the Board decides that cause for separation has not been established, the Board may direct the Department to pay reasonable attorneys’ fees to the extent and in the manner provided by [section 4137(b)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4137/b/5&num=0&edition=prelim). The hearing provided under this paragr

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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.

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