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22 U.S.C. § 4064 — Reemployment
Federal law — U.S. Code and appendices · legal_authorities
**(a) Termination of annuity; coverage under same retirement system or another contributory retirement system; rights and benefits**
(1)
(A) 11 So in original. No par. (2) has been enacted. Except in the case of an annuitant who makes an election under subsection (b) or in the case of a waiver under subsection (g), if any former participant, who has retired and is receiving an annuity under this part or part II of this subchapter, becomes employed in an appointive or elective position in the Government, payment of any annuity under either part to the annuitant shall terminate effective on the date of the employment and the reemployment service shall be covered service under the rules of the system under which the appointment is made.
(B) If the annuity of an individual is terminated under subparagraph (A) and that individual becomes covered under the same retirement system from which that annuity is terminated, that individual shall be entitled to a redetermination of rights under that system upon termination of the employment.
(C) If the annuity is terminated and the individual becomes covered under another contributory retirement system for Government employees pursuant to paragraph (A), the individual shall be entitled to benefits under the rules of that system. In addition, the individual shall be entitled to a resumption of any annuity terminated by reason of the employment.
**(b) Part-time, intermittent, or temporary employment; election to continue receiving annuity; reduction in amount of annuity; resumption of full annuity**
(1) A participant who is entitled to an annuity under this part or part II of this subchapter and becomes employed in an appointive or elective position in the Government on a part-time, intermittent, or temporary basis may elec
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**(a) Termination of annuity; coverage under same retirement system or another contributory retirement system; rights and benefits**
(1)
(A) 11 So in original. No par. (2) has been enacted. Except in the case of an annuitant who makes an election under subsection (b) or in the case of a waiver under subsection (g), if any former participant, who has retired and is receiving an annuity under this part or part II of this subchapter, becomes employed in an appointive or elective position in the Government, payment of any annuity under either part to the annuitant shall terminate effective on the date of the employment and the reemployment service shall be covered service under the rules of the system under which the appointment is made.
(B) If the annuity of an individual is terminated under subparagraph (A) and that individual becomes covered under the same retirement system from which that annuity is terminated, that individual shall be entitled to a redetermination of rights under that system upon termination of the employment.
(C) If the annuity is terminated and the individual becomes covered under another contributory retirement system for Government employees pursuant to paragraph (A), the individual shall be entitled to benefits under the rules of that system. In addition, the individual shall be entitled to a resumption of any annuity terminated by reason of the employment.
**(b) Part-time, intermittent, or temporary employment; election to continue receiving annuity; reduction in amount of annuity; resumption of full annuity**
(1) A participant who is entitled to an annuity under this part or part II of this subchapter and becomes employed in an appointive or elective position in the Government on a part-time, intermittent, or temporary basis may elect to continue to receive either or both annuities as provided in this subsection.
(2) The total annuity payable under this subchapter to an annuitant making an election under paragraph (1) shall be reduced during the part-time, intermittent, or temporary employment referred to in paragraph (1) as necessary to meet the requirements of paragraph (3).
(3)
(A) The sum of—
(i) the total annuity payable under this subchapter to an annuitant making an election under paragraph (1), and
(ii) the annual rate of pay payable to the annuitant during the part-time, intermittent, or temporary employment referred to in paragraph (1),
may not exceed, in any calendar year, the amount described in subparagraph (B).
(B) The amount referred to in subparagraph (A) is the greater of—
(i) the highest annual rate of basic pay which is payable during such year for full-time employment in the position in which the annuitant is employed, or
(ii) the basic pay the annuitant was entitled to receive under this chapter on the date of retirement from the Service.
(C) For purposes of this section, the term “annuity” means the annuity earned by the reemployed member based on his or her service irrespective of whether or not the amount payable is reduced by the amount of an annuity payable under section 4054 or 4060(b) of this title.
(4) Upon termination of the part-time, intermittent, or temporary employment referred to in paragraph (1), payment of the full annuity of an annuitant who has made an election under paragraph (1) of this subsection shall resume.
**(c) Amount of annuity on resumption; amount resulting from redetermination of rights** The amount of annuity which has been terminated or reduced under this section by reason of the reemployment of the annuitant and is resumed under this section shall be the amount of the annuity which would have been payable if the annuitant had not accepted the reemployment. The amount of an annuity resulting from a redetermination of rights pursuant to subsection (a) shall not be less than the amount of an annuity resumed under the previous sentence.
**(d) Annuity rights to be determined under this section** The annuity rights of any participant who is reemployed in the Government shall be determined under this section instead of [section 8468 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8468&num=0&edition=prelim).
**(e) Notice; direct payment of salary** When any such retired participant is reemployed, the employer shall send a notice of such reemployment to the Secretary of State, together with all pertinent information relating to such employment, and shall pay directly to such participant the salary of the position in which he or she is serving.
**(f) Recovery of overpayment** In the event of any overpayment under this section, such overpayment shall be recovered by withholding the amount involved from the salary payable to such reemployed participant or from any other moneys, including annuity payments, payable under this subchapter.
**(g) Waiver of annuity limitations**
(1) The Secretary of State may waive the application of subsections (a) through (d) on a case-by-case basis for an annuitant reemployed on a temporary basis, or grant authority to the head of an Executive agency to waive the application of subsections (a) through (d) on a case-by-case basis for an annuitant reemployed on a temporary basis—
(A) if, and for so long as, such waiver is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances;
(B) if the annuitant is employed in a position for which there is exceptional difficulty in recruiting or retaining a qualified employee; or
(C)
(i) to provide assistance to consular posts with a substantial backlog of visa applications; or
(ii) to provide assistance to meet the demand resulting from the passport and travel document requirements set forth in section 7209(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; [8 U.S.C. 1185](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1185&num=0&edition=prelim) note), including assistance related to the investigation of fraud in connection with an application for a passport.
(2) The Secretary should prescribe procedures for the exercise of any authority under paragraph (1)(B), including criteria for any exercise of authority and procedures for a delegation of authority.
**(h) Effects of waiver** A reemployed annuitant as to whom a waiver under subsection (g) is in effect shall not be considered a participant for purposes of this part or part II, or an employee for purposes of chapter 83 or 84 of title 5.
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Restrictions and prohibitions** Unless otherwise ordered by the President, it shall be unlawful—
(1) for any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe;
(2) for any person to transport or attempt to transport from or into the United States another person with knowledge or reasonable cause to believe that the departure or entry of such other person is forbidden by this section;
(3) for any person knowingly to make any false statement in an application for permission to depart from or enter the United States with intent to induce or secure the granting of such permission either for himself or for another;
(4) for any person knowingly to furnish or attempt to furnish or assist in furnishing to another a permit or evidence of permission to depart or enter not issued and designed for such other person’s use;
(5) for any person knowingly to use or attempt to use any permit or evidence of permission to depart or enter not issued and designed for his use;
(6) for any person to forge, counterfeit, mutilate, or alter, or cause or procure to be forged, counterfeited, mutilated, or altered, any permit or evidence of permission to depart from or enter the United States;
(7) for any person knowingly to use or attempt to use or furnish to another for use any false, forged, counterfeited, mutilated, or altered permit, or evidence of permission, or any permit or evidence of permission which, though originally valid, has become or been made void or invalid.
**(b) Citizens** Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize an
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** If an annuitant, except a disability annuitant whose annuity is terminated because of the annuitant’s recovery or restoration of earning capacity, becomes employed in an appointive or elective position, an amount equal to the annuity allocable to the period of actual employment shall be deducted from the annuitant’s pay, except for lump-sum leave payment purposes under section 5551. Unless the annuitant’s appointment is on an intermittent basis or is to a position as a justice or judge (as defined by [section 451 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section451&num=0&edition=prelim)) or as an employee subject to another retirement system for Government employees, or unless the annuitant is serving as President, deductions for the Fund shall be withheld from the annuitant’s pay under section 8422(a) and contributions under section 8423 shall be made. The deductions and contributions referred to in the preceding provisions of this subsection shall be deposited in the Treasury of the United States to the credit of the Fund. The annuitant’s lump-sum credit may not be reduced by annuity paid during the reemployment.
**(b)**
(1)
(A) If an annuitant subject to deductions under the second sentence of subsection (a) serves on a full-time basis for at least 1 year, or on a part-time basis for periods equivalent to at least 1 year of full-time service, the annuitant’s annuity on termination of reemployment shall be increased by an annuity computed under section 8415(a) through (i) as may apply based on the period of reemployment and the basic pay, before deduction, averaged during the reemployment.
(B)
(i) If the annuitant is receiving a reduced annuity as provided in section 8419, the increase in annuity payable und
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Employment; compensation, travel expenses and per diem; renewal of contracts** Experts and consultants or organizations thereof may, as authorized by [section 3109 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim), be employed by the President for the performance of functions under this chapter, and individuals so employed may be compensated at rates not in excess of the per diem equivalent of the highest rate payable under [section 5332 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim), and while away from their homes or regular places of business, they may be paid actual travel expenses and per diem in lieu of subsistence and other expenses at the applicable rate prescribed in the Standardized Government Travel Regulations, as amended from time to time, while so employed: Provided, That contracts for such employment may be renewed annually.
**(b) Exemption from restrictions upon receipt of retirement benefits** Service of an individual as a member of the Council authorized to be established by section 2511 11 See References in Text note below. of this title or as an expert or consultant under subsection (a) of this section shall not be considered as employment or holding of office or position bringing such individual within the provisions of sections 3323(b) and 8344 of title 5, [section 4064 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4064&num=0&edition=prelim), or any other law limiting the reemployment of retired officers or employees or governing the simultaneous receipt of compensation and retired pay or annuities.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress finds that—
(1) a career foreign service, characterized by excellence and professionalism, is essential in the national interest to assist the President and the Secretary of State in conducting the foreign affairs of the United States;
(2) the scope and complexity of the foreign affairs of the Nation have heightened the need for a professional foreign service that will serve the foreign affairs interests of the United States in an integrated fashion and that can provide a resource of qualified personnel for the President, the Secretary of State, and the agencies concerned with foreign affairs;
(3) the Foreign Service of the United States, established under the Act of May 24, 1924 (commonly known as the Rogers Act) and continued by the Foreign Service Act of 1946, must be preserved, strengthened, and improved in order to carry out its mission effectively in response to the complex challenges of modern diplomacy and international relations;
(4) the members of the Foreign Service should be representative of the American people, aware of the principles and history of the United States and informed of current concerns and trends in American life, knowledgeable of the affairs, cultures, and languages of other countries, and available to serve in assignments throughout the world; and
(5) the Foreign Service should be operated on the basis of merit principles.
**(b)** The objective of this chapter is to strengthen and improve the Foreign Service of the United States by—
(1) assuring, in accordance with merit principles, admission through impartial and rigorous examination, acquisition of career status only by those who have demonstrated their fitness through successful completion of probationary assignments, effective career development, advancement
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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) 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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Additional Responsibilities of Chair of Council of Inspectors General on Integrity and Efficiency.—** The Chair of the Council of Inspectors General on Integrity and Efficiency (CIGIE) shall, in consultation with the members of the Council, have the additional responsibilities specified in subsection (b) with respect to the Inspectors General specified in subsection (c) upon the earlier of—
(1) the commencement or designation of a military operation as an overseas contingency operation that exceeds 60 days; or
(2) receipt of a notification under section 113(n) 11 See References in Text note below. of title 10 with respect to an overseas contingency operation.
**(b) Specific Responsibilities.—** The responsibilities specified in this subsection are the following:
(1) **Designate lead inspector general.—** — In consultation with the Inspectors General specified in subsection (c), to designate a lead Inspector General in accordance with subsection (d) to discharge the authorities of the lead Inspector General for the overseas contingency operation concerned as set forth in subsection (d).
(2) **Resolve conflicts of jurisdiction.—** — To resolve conflicts of jurisdiction among the Inspectors General specified in subsection (c) on investigations, inspections, and audits with respect to such contingency operation in accordance with subsection (d)(2)(B).
(3) **Identify office personnel.—** — To assist in identifying for the lead inspector general for such contingency operation, Inspectors General and inspector general office personnel available to assist the lead Inspector General and the other Inspectors General specified in subsection (c) on matters relating to such contingency operation.
**(c) Inspectors General.—** The Inspectors General specified in this subs
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Federal law — U.S. Code and appendices · legal_authorities
Page 1503
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4064
1 So in original. No par. (2) has been enacted.
§ 4062. Unfunded liability obligations
(a) Notice of interest and military service credit
At the end of each fiscal year, the Secretary of
State shall notify the Secretary of the Treasury
of the amount equivalent to—
(1) interest on the unfunded liability com-
puted for that year at the interest rate used in
the then most recent valuation of the System,
and
(2) that portion of disbursement for annu-
ities for that year which the Secretary of
State estimates is attributable to credit al-
lowed for military and naval service, less an
amount determined by the Secretary of State
to be appropriate to reflect the value of the
deposits made to the credit of the Fund under
section 4045(e) of this title.
(b) Credit to Fund
Before closing the accounts for each fiscal
year, the Secretary of the Treasury shall credit
such amounts to the Fund, as a Government
contribution, out of any money in the Treasury
of the United States not otherwise appropriated.
(c) Reports to Congress
Requests for appropriations to the Fund under
section 4061(b) of this title shall include reports
to the Congress on the sums credited to the
Fund under this section.
(Pub. L. 96–465, title I, § 822, Oct. 17, 1980, 94 Stat.
2121; Ex. Ord. No. 12446, § 4(d), Oct. 17, 1983, 48
F.R. 48445.)
Editorial Notes
AMENDMENTS
1983—Subsec. (a)(2). Ex. Ord. No. 12446 inserted ‘‘, less
an amount determined by the Secretary of State to be
appropriate to reflect the value of the deposits made to
the credit of the Fund under section 4045(e) of this
title’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Ex. Ord. No. 12446 effective Oct. 17,
1983,
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4064
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