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22 U.S.C. § 4071a — Definitions

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

22 U.S.C. § 4071a — Definitions

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Stable record: federal_law:legal_authorities:record_usc_6b658da1ceb978d18227d821
Source file: Laws/federal/codes/united-states-code/title-22/section-4071a-definitions--1065743a33.md
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Source location: Title 22, Chapter 52, § 4071a; chapter-052-foreign-service.md

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As used in this part, unless otherwise specified— (1) the term “court order” has the same meaning given in [section 4044(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4044/4&num=0&edition=prelim); (2) the term “Fund” means the Foreign Service Retirement and Disability Fund maintained by the Secretary of the Treasury pursuant to [section 4042 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4042&num=0&edition=prelim); (3) the term “lump-sum credit” means the unrefunded amount consisting of— (A) retirement deductions made from the basic pay of a participant under [section 4071e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4071e&num=0&edition=prelim) (or under section 204 of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983); (B) amounts deposited by a participant under [section 4071c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4071c&num=0&edition=prelim) to obtain credit under this System for prior civilian or military service; and (C) interest on the deductions and deposits which, for any calendar year, shall be equal to the overall average yield to the Fund during the preceding fiscal year from all obligations purchased by the Secretary of the Treasury during such fiscal year under [section 4059 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4059&num=0&edition=prelim), as determined by the Secretary of the Treasury (compounded annually); but does not include interest— (i) if the service covered thereby aggregates 1 year or less; or (ii) for a fractional part of a month in the total service; (4) the term “normal cost” means the entry-age normal cost of the provisions of the System which relate to the Fund, computed by the Secretary of State in accordance with generally accepted actuarial practice and standards (using dynamic assumptions) and expressed as a level percentage of aggregate basic pay; (5) the term “participant” means a person who participates in the Foreign Service Pension System; (6) the term “pro rata share” in the case of any former spouse of any participant or former participant means the percentage which is equal to the percentage that (A) the number of years during which the former spouse was married to the participant during the service of the participant which is creditable under this subchapter is of (B) the total number of years of such service, disregarding extra credit under [section 4057 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4057&num=0&edition=prelim); (7) the term “revised annuity participant” means any individual who— (A) on December 31, 2012— (i) is not a participant; (ii) is not performing service which is creditable service under [section 4071c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4071c&num=0&edition=prelim); and (iii) has less than 5 years creditable service under [section 4071c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4071c&num=0&edition=prelim); and (B) after December 31, 2012, and before January 1, 2014, becomes a participant performing service which is creditable service under [section 4071c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4071c&num=0&edition=prelim); (8) the term “further revised annuity participant” means any individual who— (A) on December 31, 2013— (i) is not a participant; (ii) is not performing service which is creditable service under [section 4071c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4071c&num=0&edition=prelim); and (iii) has less than 5 years creditable service under [section 4071c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4071c&num=0&edition=prelim); and (B) after December 31, 2013, becomes a participant performing service which is creditable service under [section 4071c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4071c&num=0&edition=prelim); (9) the term “supplemental liability” means the estimated excess of— (A) the actuarial present value of all future benefits payable from the Fund under this part based on the service of participants or former participants, over (B) the sum of— (i) the actuarial present value of (I) deductions to be withheld from the future basic pay of participants pursuant to [section 4071e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4071e&num=0&edition=prelim) and (II) contributions for past civilian and military service; (ii) the actuarial present value of future contributions to be made pursuant to [section 4071f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4071f&num=0&edition=prelim); (iii) the Fund balance as of the date the supplemental liability is determined, to the extent that such balance is attributable— (I) to the System, or (II) to the contributions made under the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983 ([5 U.S.C. 8331](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8331&num=0&edition=prelim) note); and (iv) any other appropriate amount, as determined by the Secretary of State in accordance with generally accepted actuarial practices and principles; (10) the term “System” means the Foreign Service Pension System; and (11) the term “special agent” has the same meaning given in [section 4044(15) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4044/15&num=0&edition=prelim).

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

22 U.S.C. § 4042 — Maintenance of Fund

The Secretary of the Treasury shall maintain the special fund known as the Foreign Service Retirement and Disability Fund (hereinafter in this part referred to as the “Fund”), originally created by section 18 of the Act of May 24, 1924 (43 Stat. 144).

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

22 U.S.C. § 4071e — Deductions and withholdings from pay

**(a) Basic pay** (1) The employing agency shall deduct and withhold from the basic pay of each participant the applicable percentage of basic pay specified in paragraph (2) of this subsection minus the percentage then in effect under [section 3101(a) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section3101/a&num=0&edition=prelim) (relating to the rate of tax for old age, survivors, and disability insurance). (2) (A) The applicable percentage for a participant other than a revised annuity participant or a further revised annuity participant shall be as follows: 7.5Before January 1, 1999. 7.75January 1, 1999, to December 31, 1999. 7.9January 1, 2000, to December 31, 2000. 7.55After January 11, 2003. (B) The applicable percentage for a revised annuity participant shall be as follows: 9.85After December 31, 2012 (C) The applicable percentage for a further revised annuity participant shall be as follows: 11.15After December 31, 2013. **(b) Consent to deductions; discharge of claims** Each participant is deemed to consent and agree to the deductions under subsection (a). Notwithstanding any law or regulation affecting the pay of a participant, payment less such deductions is a full and complete discharge and acquittance of all claims and demands for regular services during the period covered by the payment, except the right to any benefits under this part based on the service of the participant. **(c) Deposit of amounts** Amounts deducted and withheld under this section shall be deposited in the Treasury of the United States to the credit of the Fund under such procedures as the Comptroller General of the United States may prescribe. **(d) Entry on individual retirement records** Under such regulations as the Secretary of St

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4071e

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

5 U.S.C. § 8331 — Definitions

For the purpose of this subchapter— (1) “employee” means— (A) an employee as defined by [section 2105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim); (B) the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden; (C) a Congressional employee as defined by [section 2107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2107&num=0&edition=prelim) (other than the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden), after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter; (D) a temporary Congressional employee appointed at an annual rate of pay, after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter; (E) a United States Commissioner whose total pay for services performed as Commissioner is not less than $3,000 in each of the last 3 consecutive calendar years ending after December 31, 1954; (F) an individual employed by a county committee established under [section 590h(b) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590h/b&num=0&edition=prelim); (G) an individual first employed by the government of the District of Columbia before October 1, 1987; (H) an individual employed by Gallaudet College; (I) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838); (J) an alien (i) who was previously employed by the Government, (ii) who is employed full time by a foreign government

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

22 U.S.C. § 4059 — Investment of Fund

The Secretary of the Treasury shall invest from time to time in interest-bearing securities of the United States such portions of the Fund as in the judgment of the Secretary of the Treasury may not be immediately required for the payment of annuities, cash benefits, refunds, and allowances. The income derived from such investments shall constitute a part of the Fund.

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

22 U.S.C. § 4071c — Creditable service

**(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

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

22 U.S.C. § 4071f — Government contributions

**(a)** Each agency employing any participant shall contribute to the Fund the amount computed in a manner similar to that used under [section 8423(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8423/a&num=0&edition=prelim) pursuant to determinations of the normal cost percentage for the Foreign Service Pension System by the Secretary of State. **(b)** (1) The Secretary of State shall compute the amount of the supplemental liability of the Fund as of the close of each fiscal year beginning after September 30, 1987. The amount of any such supplemental liability shall be amortized in 30 equal annual installments with interest computed at the rate used in the most recent valuation of the System. (2) At the end of each fiscal year, the Secretary of State shall notify the Secretary of the Treasury of the amount of the installment computed under this subsection for such year. (3) Before closing the accounts for a fiscal year, the Secretary of the Treasury shall credit to the Fund, as a Government contribution, out of any money in the Treasury of the United States not otherwise appropriated, the amount under paragraph (2) of this subsection for such year. **(c)** (1) Subject to paragraphs (2) and (3), for purposes of any period in any year beginning after December 31, 2013, the normal-cost percentage under this section shall be determined and applied as if section 402(b) of the Bipartisan Budget Act of 2013 had not been enacted. (2) Any contributions under this section in excess of the amounts which (but for paragraph (1)) would otherwise have been payable shall be applied toward reducing the unfunded liability of the Foreign Service Retirement and Disability System. (3) After the unfunded liability of the Foreign Service Reti

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

22 U.S.C. § 4057 — Extra credit for service at unhealthful posts

The Secretary of State may from time to time establish a list of places which by reason of climatic or other extreme conditions are to be classed as unhealthful posts. Each year of duty at such posts, inclusive of regular leaves of absence, shall be counted as one and a half years in computing the length of the service of a participant for the purpose of retirement, fractional months being considered as full months in computing such service. No such extra credit for service at such unhealthful posts shall be credited to any participant who is paid a differential under section 5925 or 5928 of title 5 for such service. Such extra credit may not be used to determine the eligibility of a person to qualify as a former spouse under this part, or to compute the pro rata share under [section 4044(10) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4044/10&num=0&edition=prelim). No extra credit for service at unhealthful posts may be given under this section for any service as part of a tour of duty, or extension thereof, beginning on or after February 16, 1990.

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

22 U.S.C. § 4054 — Former spouses

**(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

22 U.S.C. § 4071a — Definitions

Page 1518 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4071 (b) Prerequisites for enrollment; notification of rights (1) Any individual eligible for coverage under subsection (a) may enroll in a health benefits plan for self alone or for self and family if, be- fore the expiration of the 6-month period begin- ning on the effective date of this section, and in accordance with such procedures as the Director of the Office of Personnel Management shall by regulation prescribe, such individual— (A) files an election for such enrollment; and (B) arranges to pay currently into the Em- ployees Health Benefits Fund under section 8909 of title 5 an amount equal to the sum of the employee and agency contributions pay- able in the case of an employee enrolled under chapter 89 of such title in the same health benefits plan and with the same level of bene- fits. (2) The Secretary shall, as soon as possible, take all steps practicable— (A) to determine the identity and current address of each former spouse eligible for cov- erage under subsection (a); and (B) to notify each such former spouse of that individual’s rights under this section. (3) The Secretary shall waive the 6-month lim- itation set forth in paragraph (1) in any case in which the Secretary determines that the cir- cumstances so warrant. (c) Disqualification (1) Any former spouse who remarries before age 55 is not eligible to make an election under subsection (b)(1). (2) Any former spouse enrolled in a health ben- efits plan pursuant to an election under sub- section (b)(1) may continue the enrollment under the conditions of eligibility which the Di- rector of the Office of Personnel Management shall by regulation prescribe, except that any former spouse who remarries before age 55 shall not be

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4071a

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