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22 U.S.C. § 4156 — Preservation of status and benefits

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

22 U.S.C. § 4156 — Preservation of status and benefits

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Source file: Laws/federal/codes/united-states-code/title-22/section-4156-preservation-of-status-and-benefits--6f478ff9af.md
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Source location: Title 22, Chapter 52, § 4156; chapter-052-foreign-service.md

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**(a) Conversion to class, grade, or step corresponding to level prior to conversion; reduction in position or salary; conversion from Foreign Service under [section 4154 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4154&num=0&edition=prelim)** (1) Every individual who is converted under this subchapter shall be converted to the class or grade and pay rate that most closely corresponds to the class or grade and step at which the individual was serving immediately before conversion. No conversion under this subchapter shall cause any individual to incur a reduction in his or her class, grade, or basic rate of salary. (2) An individual converted under [section 4154 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4154&num=0&edition=prelim) to a position in the competitive service shall be entitled to have that position, or any other position to which the individual is subsequently assigned (other than at the request of the individual), be considered for all purposes as at the grade which corresponds to the class in which the individual served immediately before conversion so long as the individual continues to hold that position. **(b) Participation in Foreign Service Retirement and Disability System** (1) Any participant in the Foreign Service Retirement and Disability System who would, but for this paragraph, participate in the Civil Service Retirement and Disability System by virtue of conversion under this subchapter shall remain a participant in the Foreign Service Retirement and Disability System for 120 days after participation in the Foreign Service Retirement and Disability System would otherwise cease. During such 120-day period, the individual may elect in writing to continue to participate in the Foreign Service Retirement and Disability System instead of the Civil Service Retirement and Disability System so long as he or she is employed in an agency which is authorized to utilize the Foreign Service personnel system. If such an election is not made, the individual shall then be covered by the Civil Service Retirement and Disability System and contributions made by the participant to the Foreign Service Retirement and Disability Fund shall be transferred to the Civil Service Retirement and Disability Fund. (2) Any Foreign Service Reserve officer with limited tenure who has reemployment rights to a personnel category in the Foreign Service in which he or she would be a participant in the Foreign Service Retirement and Disability System and who would, but for this paragraph, continue to participate in the Civil Service Retirement and Disability System by virtue of conversion under [section 4154 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4154&num=0&edition=prelim) may elect, during the 120-day period beginning on the date of such conversion, to become a participant in the Foreign Service Retirement and Disability System so long as he or she is employed in an agency which is authorized to utilize the Foreign Service personnel system. If such an election is made, the individual shall be transferred to the Foreign Service Retirement and Disability System and contributions made by that individual to the Civil Service Retirement and Disability Fund shall be transferred to the Foreign Service Retirement and Disability Fund. **(c) Conversion to type of appointment corresponding in tenure to that prior to conversion** Individuals who are converted under this subchapter shall be converted to the type of appointment which corresponds most closely in tenure to the type of appointment under which they were serving immediately prior to such conversion, except that this subchapter shall not operate to extend the duration of any limited appointment or previously applicable time in class. **(d) Reappointment resulting from enactment of Foreign Service Act of 1980** Any individual who on February 15, 1981, is serving— (1) under an appointment in the Foreign Service, or (2) in any other office or position continued by this chapter, may continue to serve under such appointment, subject to the provisions of this chapter, and need not be reappointed by virtue of the enactment of this chapter. **(e) Deferment of retirement provisions** Any individual in the Foreign Service— (1) who is serving under a career appointment on October 17, 1980, and (2) who was not subject to section 633(a)(2) of the Foreign Service Act of 1946 immediately before February 15, 1981, may not be retired under [section 4008 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4008&num=0&edition=prelim) until 10 years after February 15, 1981, or when such individual first becomes eligible for an immediate annuity under subchapter VIII of this chapter, whichever occurs first.

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

22 U.S.C. § 3901 — Congressional findings and objectives

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3901

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

22 U.S.C. § 4008 — Retirement based on failure to meet standard of performance

**(a)** The Secretary shall prescribe regulations concerning the standards of performance to be met by career members of the Service who are citizens of the United States. Whenever a selection board review indicates that the performance of such a career member of the Service may not meet the standards of performance for his or her class, the Secretary shall provide for administrative review of the performance of the member. The review shall include an opportunity for the member to be heard. **(b)** In any case where the administrative review conducted under subsection (a) substantiates that a career member of the Service has failed to meet the standards of performance for his or her class, the member shall be retired from the Service and receive benefits in accordance with [section 4009 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4009&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4008

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

22 U.S.C. § 4154 — Conversion from Foreign Service

**(a) Individuals serving under appointment** In the case of any individual in the Foreign Service who, immediately before February 15, 1981, is serving under an appointment described in section 4152(a) or 4153(a) of this title and who is not converted under section 4152 or [section 4153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4153&num=0&edition=prelim) because such individual does not meet the conditions specified in section 4152(b) or 4153(d) of this title, the Secretary shall, not later than 3 years after February 15, 1981, provide that— (1) the position such individual holds shall be subject to chapter 51 and subchapter III of chapter 53 of title 5; (2) such individual shall be appointed to such position without competitive examination; and (3) such position shall be considered to be in the competitive service so long as the individual continues to hold that position; except that any such individual who meets the eligibility requirements for the Senior Executive Service and who elects to join that Service shall be converted by the Secretary to the Senior Executive Service in the appropriate rate of basic pay established under [section 5382 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5382&num=0&edition=prelim). **(b) United States Information Agency individuals** In the case of individuals in the Foreign Service in the United States Information Agency who immediately before October 17, 1980, are covered by a collective bargaining agreement between the Agency and the exclusive representative of those individuals, the 3-year period referred to in subsection (a) shall begin on July 1, 1981. **(c) Department of State security officers** The three-year period referred to in

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4154

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

22 U.S.C. § 4152 — Conversion to Foreign Service Schedule

**(a)** Not later than 120 days after February 15, 1981, the Secretary shall, in accordance with [section 4156 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4156&num=0&edition=prelim), convert to the appropriate class in the Foreign Service Schedule established under [section 3963 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3963&num=0&edition=prelim) those individuals in the Foreign Service who are serving immediately before February 15, 1981, under appointments at or below class 3 of the schedule established under section 412 or 414 of the Foreign Service Act of 1946, or at any class in the schedule established under section 415 of such Act, as— (1) Foreign Service officers, or (2) Foreign Service Reserve officers with limited or unlimited tenure, and Foreign Service staff officers or employees, who the Secretary determines are available for worldwide assignment. **(b)** Not later than 3 years after February 15, 1981, Foreign Service Reserve officers and staff officers and employees who the Secretary determines under subsection (a)(2) are not available for worldwide assignment shall also be converted, in accordance with [section 4156 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4156&num=0&edition=prelim), to the appropriate class in the Foreign Service Schedule established under [section 3963 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3963&num=0&edition=prelim) if— (1) the Secretary certifies that there is a need for their services in the Foreign Service; and (2) they agree in writing to accept availability for worldwide assignment as a condition of continued employment.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4152

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

22 U.S.C. § 4156 — Preservation of status and benefits

Page 1556 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4156 not later than 120 days after notice of such des- ignation, elect— (1) to accept conversion to the Foreign Serv- ice, in which case such employee shall be con- verted in accordance with the provisions of subsection (c); or (2) to decline conversion to the Foreign Service and have the provisions of subsection (d) apply. (c) Recommendations for appointment (1) The Secretary of Agriculture shall rec- ommend to the President for appointment to the appropriate class (as determined under para- graph (2)), by and with the advice and consent of the Senate, those employees who elect conver- sion under subsection (a)(1). (2) The Secretary of Agriculture shall appoint as Foreign Service personnel those employees who elect to accept conversion and who are not eligible for appointment under paragraph (1). (d) Results of declining to convert Any employee who declines conversion under subsection (b)(2) shall for so long as that em- ployee continues to hold the designated position be deemed to be a member of the Foreign Serv- ice for purposes of allowances, differentials, and similar benefits (as determined by the Secretary of Agriculture). (Pub. L. 96–465, title II, § 2105, Oct. 17, 1980, 94 Stat. 2150.) Editorial Notes CODIFICATION In subsec. (a), ‘‘February 15, 1981’’ substituted for ‘‘the effective date of this Act’’ pursuant to section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title. § 4156. Preservation of status and benefits (a) Conversion to class, grade, or step cor- responding to level prior to conversion; re- duction in position or salary; conversion from Foreign Service under section 4154 of this title (1) Every individual who is converted und

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