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22 U.S.C. § 4047 — Payment of annuity

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

22 U.S.C. § 4047 — Payment of annuity

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Stable record: federal_law:legal_authorities:record_usc_94cde04eae614d4b6b19c51d
Source file: Laws/federal/codes/united-states-code/title-22/section-4047-payment-of-annuity--182474b379.md
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Source location: Title 22, Chapter 52, § 4047; chapter-052-foreign-service.md

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**(a) Commencement of annuity** (1) Except as otherwise provided in paragraph (2), the annuity of a participant who has met the eligibility requirements for an annuity shall commence on the first day of the month after— (A) separation from the Service occurs; or (B) pay ceases and the service and age requirements for entitlement to annuity are met. (2) The annuity of— (A) a participant who is retired and is eligible for benefits under [section 4009(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4009/a&num=0&edition=prelim) or a participant who is retired under [section 4053 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4053&num=0&edition=prelim) or is otherwise involuntarily separated from the Service, except by removal for cause on charges of misconduct or delinquency, (B) a participant retiring under [section 4048 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4048&num=0&edition=prelim) due to a disability, and (C) a participant who serves 3 days or less in the month of retirement— shall commence on the day after separation from the Service or the day after pay ceases and the requirements for entitlement to annuity are met. **(b) Survivor’s annuity; application; proof of eligibility; payment to estate** The annuity to a survivor shall become effective as otherwise specified but shall not be paid until the survivor submits an application for such annuity, supported by such proof of eligibility as the Secretary of State may require. If such application or proof of eligibility is not submitted during the lifetime of an otherwise eligible individual, no annuity shall be due or payable to his or her estate. **(c) Waiver** An individual entitled to annuity from the Fund may decline to accept all or any part of the annuity by submitting a signed waiver to the Secretary of State. The waiver may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver was in effect. **(d) Recovery of overpayment** Recovery of overpayments under this part may not be made from an individual when, in the judgment of the Secretary of State, the individual is without fault and recovery would be against equity and good conscience or administratively infeasible. **(e) Alternate forms of annuities** (1) The Secretary of State shall prescribe regulations under which any participant who has a life-threatening affliction or other critical medical condition may, at the time of retiring under this part (other than under [section 4048 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4048&num=0&edition=prelim)), elect annuity benefits under this section instead of any other benefits under this part (including survivor benefits) based on the service of the participant. (2) Subject to paragraph (3), the Secretary of State shall by regulation provide for such alternative forms of annuities as the Secretary considers appropriate, except that among the alternatives offered shall be— (A) an alternative which provides for— (i) payment of the lump-sum credit (excluding interest) to the participant; and (ii) payment of an annuity to the participant for life; and (B) in the case of a participant who is married at the time of retirement, an alternative which provides for— (i) payment of the lump-sum credit (excluding interest) to the participant; and (ii) payment of an annuity to the participant for life, with a survivor annuity payable for the life of a surviving spouse. (3) Each alternative provided for under paragraph (2) shall, to the extent practicable, be designed such that the total value of the benefits provided under such alternative (including any lump-sum credit) is actuarially equivalent to the value of the annuity which would otherwise be provided the participant under this part, as computed under [section 4046(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046/a&num=0&edition=prelim). (4) A participant who, at the time of retiring under this part— (A) is married, shall be ineligible to make an election under this section unless a waiver is made under [section 4046(b)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046/b/1/B&num=0&edition=prelim); or (B) has a former spouse, shall be ineligible to make an election under this section if the former spouse is entitled to benefits under this part (based on the service of the participant) unless a waiver has been made under [section 4046(b)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046/b/1/C&num=0&edition=prelim). (5) A participant who is married at the time of retiring under this part and who makes an election under this section may, during the 18-month period beginning on the date of retirement, make the election provided for under [section 4046(n) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046/n&num=0&edition=prelim), subject to the deposit requirement thereunder. (6) Notwithstanding any other provision of law, any lump-sum credit provided pursuant to an election under this subsection shall not preclude an individual from receiving any other benefits under this subsection.

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

22 U.S.C. § 4053 — Reassignment and retirement of former Presidential appointees

**(a) Reassignment or retirement of participants not eligible for retirement** A participant, who completes an assignment under [section 3942(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/b&num=0&edition=prelim) in a position to which the participant was appointed by the President, and is not otherwise eligible for retirement— (1) shall be reassigned within 90 days after the termination of such assignment and any period of authorized leave, or (2) if the Secretary of State determines that reassignment is not in the interest of the Foreign Service, shall be retired from the Service and receive retirement benefits in accordance with section 4046 or 4071d of this title, as appropriate. **(b) Retirement of participants eligible for retirement** A participant who completes an assignment under [section 3942(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/b&num=0&edition=prelim) in a position to which the participant was appointed by the President and is eligible for retirement and is not reassigned within 90 days after the termination of such assignment and any period of authorized leave, shall be retired from the Service and receive retirement benefits in accordance with [section 4046 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046&num=0&edition=prelim) or [section 4071d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4071d&num=0&edition=prelim), as appropriate. **(c) Retirement of reemployed participants** A participant who is retired under subsection (a)(2) and is subsequently employed by the United States Government, thereafter, shall be eligible to retire only under the terms

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4053

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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

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

22 U.S.C. § 4067 — Compatibility between retirement systems

**(a) Civil Service and Foreign Service Retirement Systems** In order to maintain existing conformity between the Civil Service Retirement and Disability System under subchapter III of chapter 83 of title 5, and the Foreign Service Retirement and Disability System, whenever a law of general applicability is enacted which— (1) affects the treatment of current or former participants, annuitants, or survivors under the Civil Service Retirement and Disability System; and (2) affects treatment which, immediately prior to the enactment of such law, was substantially identical to the treatment accorded to participants, former participants, annuitants, or survivors under the Foreign Service Retirement and Disability System; such law shall be extended in accordance with subsection (b) to the Foreign Service Retirement and Disability System so that it applies in like manner with respect to participants, former participants, annuitants, or survivors under that System. **(b) Regulations to implement prescribed by Executive order** The President shall by Executive order prescribe regulations to implement this section and may make such extension retroactive to a date no earlier than the effective date of the provision of law applicable to the Civil Service Retirement and Disability System. Any provision of an Executive order issued under this section shall modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent therewith— (1) all provisions of law enacted prior to the effective date of that provision of the Executive order, and (2) any prior provision of an Executive order issued under this section. **(c) Federal Employees’ Retirement and Foreign Service Pension Systems** The President shall maintain, under the same conditions and in the same m

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4067

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

5 U.S.C. § 8343a — Alternative forms of annuities

**(a)** The Office of Personnel Management shall prescribe regulations under which any employee or Member who has a life-threatening affliction or other critical medical condition may, at the time of retiring under this subchapter (other than under [section 8337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8337&num=0&edition=prelim)), elect annuity benefits under this section instead of any other benefits under this subchapter (including any benefits under [section 8341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8341&num=0&edition=prelim)) based on the service of the employee or Member. **(b)** Subject to subsection (c), the Office shall by regulation provide for such alternative forms of annuities as the Office considers appropriate, except that among the alternatives offered shall be— (1) an alternative which provides for— (A) payment of the lump-sum credit to the employee or Member; and (B) payment of an annuity to the employee or Member for life; and (2) in the case of an employee or Member who is married at the time of retirement, an alternative which provides for— (A) payment of the lump-sum credit to the employee or Member; and (B) payment of an annuity to the employee or Member for life, with a survivor annuity payable for the life of a surviving spouse. **(c)** Each alternative provided for under subsection (b) shall, to the extent practicable, be designed such that the present value of the benefits provided under such alternative (including any lump-sum credit) is actuarially equivalent to the present value of the annuity which would otherwise be provided the employee or Member under this subchapter, as computed under subsections (a)–(i), (n), (q), (r),

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8343a

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

22 U.S.C. § 4048 — Retirement for disability or incapacity

**(a) Causes; service credit** Any participant who has at least 5 years of service credit toward retirement under the System (excluding military and naval service) and who becomes totally disabled or incapacitated for useful and efficient service by reason of disease, illness, or injury (not due to vicious habits, intemperance, or willful conduct of the participant) shall, upon his or her own application or upon order of the Secretary, be retired on an annuity computed as prescribed in [section 4046 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046&num=0&edition=prelim). If the disabled or incapacitated participant has less than 20 years of service credit toward retirement under the System at the time of retirement, his or her annuity shall be computed on the assumption that the participant has had 20 years of service, except that the additional service credit that may accrue to a participant under this sentence shall in no case exceed the difference between his or her age at the time of retirement and age 60. However, if a participant retiring under this section is receiving retired pay or retainer pay for military service (except that specified in section 8332(c)(1) or (2) of title 5) or Department of Veterans Affairs pension or compensation in lieu of such retired or retainer pay, the annuity of that participant shall be computed under this part excluding extra credit authorized by this subsection and excluding credit for military service from that computation. If the amount of the annuity so computed, plus the retired or retainer pay which is received, or which would be received but for the application of the limitation in section 5532 11 See References in Text note below. of title 5 or the Department of Veterans Affairs

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4048

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

22 U.S.C. § 4047 — Payment of annuity

Page 1489 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4047 date of enactment of this title [Jan. 8, 1988] in accord- ance with procedures prescribed by the Secretary of State. ‘‘(h) DEFINITIONS.—For the purposes of this section, the terms ‘participant’ and ‘surviving spouse’ have the same meaning given such terms in subchapter I of chapter 8 of the Foreign Service Act of 1980 [this part].’’ § 4047. Payment of annuity (a) Commencement of annuity (1) Except as otherwise provided in paragraph (2), the annuity of a participant who has met the eligibility requirements for an annuity shall commence on the first day of the month after— (A) separation from the Service occurs; or (B) pay ceases and the service and age re- quirements for entitlement to annuity are met. (2) The annuity of— (A) a participant who is retired and is eligi- ble for benefits under section 4009(a) of this title or a participant who is retired under sec- tion 4053 of this title or is otherwise involun- tarily separated from the Service, except by removal for cause on charges of misconduct or delinquency, (B) a participant retiring under section 4048 of this title due to a disability, and (C) a participant who serves 3 days or less in the month of retirement— shall commence on the day after separation from the Service or the day after pay ceases and the requirements for entitlement to annuity are met. (b) Survivor’s annuity; application; proof of eligi- bility; payment to estate The annuity to a survivor shall become effec- tive as otherwise specified but shall not be paid until the survivor submits an application for such annuity, supported by such proof of eligi- bility as the Secretary of State may require. If such application or proof of eligibility is not submitted during

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4047

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