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22 U.S.C. § 4050 — Discontinued service retirement

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

22 U.S.C. § 4050 — Discontinued service retirement

Any participant who voluntarily separates from the Service after obtaining at least 5 years of service credit toward retirement under the System (excluding military and naval service) may upon separation from the Service or at any time prior to becoming eligible for an annuity elect to have his or her contributions to the Fund returned in accordance with [section 4055 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4055&num=0&edition=prelim), or to leave his or her contributions in the Fund and receive an annuity, computed under [section 4046 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046&num=0&edition=prelim), commencing at age 60.

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Stable record: federal_law:legal_authorities:record_usc_a2ecbaede051b7fc610f9a44
Source file: Laws/federal/codes/united-states-code/title-22/section-4050-discontinued-service-retirement--1855367a70.md
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Source location: Title 22, Chapter 52, § 4050; chapter-052-foreign-service.md

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

22 U.S.C. § 4055 — Lump-sum payments

**(a) Requirements for payment** (1) A participant is entitled to be paid a lump-sum credit if the participant— (A) is separated from the Service for at least 31 consecutive days, or is transferred to a position in which the participant is not subject to this subchapter and remains in such a position for at least 31 consecutive days; (B) files an application with the Secretary of State for payment of the lump-sum credit; (C) is not reemployed in a position in which the participant is subject to this subchapter at the time the participant files the application; (D) will not become eligible to receive an annuity under this part within 31 days after filing the application; and (E) has notified any spouse or former spouse the participant may have of the application for payment in accordance with regulations prescribed by the Secretary of State. Such regulations may provide for waiver of subparagraph (E) under circumstances described in [section 4046(b)(1)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046/b/1/D&num=0&edition=prelim). (2) Such lump-sum credit shall be paid to the participant and to any former spouse of the participant in accordance with subsection (i). **(b) Recall service; return of contributions** Whenever an annuitant becomes separated from the Service following a period of recall service without becoming eligible for a supplemental or recomputed annuity under [section 4063 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4063&num=0&edition=prelim), the compulsory contributions of the annuitant to the Fund for such service, together with any special contributions the annuitant may have made for other service performed after the date of separation

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

22 U.S.C. § 4046 — Computation of annuities

**(a) 11 See Amendment of Section note below. Measurements; reduction for special contributions; Foreign Service investigator/inspectors** (1) The annuity of a participant shall be equal to 2 percent of his or her average basic salary for the highest 3 consecutive years of service multiplied by the number of years, not exceeding 35, of service credit obtained in accordance with sections 4056 and 4057 of this title, except that the highest 3 years of service shall be used in computing the annuity of any participant who serves an assignment in a position, as described in [section 3942(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/b&num=0&edition=prelim), to which the participant was appointed by the President and whose continuity of service in that position is interrupted prior to retirement by appointment or assignment to any other position determined by the Secretary of State to be of comparable importance. In determining the aggregate period of service upon which the annuity is to be based, the fractional part of a month, if any, shall not be counted. The annuity shall be reduced by 10 percent of any special contribution described in [section 4045(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4045/d&num=0&edition=prelim) which is due for service for which no contributions were made and which remains unpaid unless the participant elects to eliminate the service involved for purposes of annuity computation. (2) Notwithstanding the percentage limitation contained in paragraph (1) of this subsection— (A) utilizing the definition of average pay contained in [section 8331(4) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8331/4&num

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4046

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

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

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

22 U.S.C. § 4050 — Discontinued service retirement

Page 1492 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4050 in accordance with subsections (c)(1) and (d) of section 4046 of this title. (d) Surviving children If a participant who has at least 18 months of civilian service credit toward retirement under the System dies before retirement or other sepa- ration from the Service and is not survived by a spouse, or a former spouse who is the natural or adoptive parent of a surviving child of the annu- itant, but by a child or children, each surviving child shall be entitled to an annuity computed in accordance with subsections (c)(2) and (d) of section 4046 of this title. (e) Service credit; presumption of qualification If, at the time of his or her death, the partici- pant had less than 20 years of service credit to- ward retirement under the System, the annuity payable in accordance with subsection (b) shall be computed in accordance with section 4046 of this title on the assumption he or she has had 20 years of service, except that the additional serv- ice credit that may accrue to a deceased partici- pant under this subsection shall in no case ex- ceed the difference between his or her age on the date of death and age 60. In all cases arising under this subsection or subsection (b), (c), (d), or (g), it shall be assumed that the deceased par- ticipant was qualified for retirement on the date of death. (f) Recall service If an annuitant entitled to a reduced annuity dies in service after being recalled under section 3948 of this title and is survived by a spouse or former spouse entitled to a survivor annuity based on the service of such annuitant, such sur- vivor annuity shall be computed as if the recall service had otherwise terminated on the day of death and the annuity of the deceased had

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