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22 U.S.C. § 4054 — Former spouses

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

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Stable record: federal_law:legal_authorities:record_usc_ebec025eb6eb7163ea9afea5
Source file: Laws/federal/codes/united-states-code/title-22/section-4054-former-spouses--12c5ecc472.md
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Source location: Title 22, Chapter 52, § 4054; chapter-052-foreign-service.md

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**(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-prelim-title22-section4060/b/1&num=0&edition=prelim) involving any participant may provide for an annuity or any combination of annuities under this subsection which exceeds the annuity of the participant, nor may any such court order relating to an annuity under this subsection be given effect if it is issued more than 24 months after the date the divorce or annulment involved becomes final. (5) (A) The annuity payable to any participant shall be reduced by the amount of an annuity under this subsection paid to any former spouse based upon the service of that participant. Such reduction shall be disregarded in calculating the survivor annuity for any spouse, former spouse, or other survivor under this part, and in calculating any reduction in the annuity of the participant to provide survivor benefits under subsection (b) or [section 4046(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046/b/3&num=0&edition=prelim). (B) If any annuitant whose annuity is reduced under subparagraph (A) is recalled to service under [section 3948 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3948&num=0&edition=prelim), or reinstated or reappointed in the Service in the case of a recovered disability annuitant or if any annuitant is reemployed as provided for under [section 4064 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4064&num=0&edition=prelim), the salary of that annuitant shall be reduced by the same amount as the annuity would have been reduced if it had continued. Amounts equal to the reductions under this subparagraph shall be deposited in the Treasury of the United States to the credit of the Fund. (6) Notwithstanding paragraph (3), in the case of any former spouse of a disability annuitant— (A) the annuity of that former spouse shall commence on the date the participant would qualify on the basis of his or her creditable service for an annuity under this part (other than a disability annuity) or the date the disability annuity begins, whichever is later, and (B) the amount of the annuity of the former spouse shall be calculated on the basis of the annuity for which the participant would otherwise so qualify. (7) An annuity under this subsection shall be treated the same as a survivor annuity under subsection (b) for purposes of [section 4046(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046/h&num=0&edition=prelim) or any comparable provision of law. **(b) Deceased Service members** (1) Subject to any election 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) and 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), if a former participant who is entitled to receive an annuity is survived by a former spouse, the former spouse shall be entitled to a survivor annuity— (A) if married to the participant throughout the creditable service of the participant, equal to 55 percent of the full amount of the participant’s annuity, 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); or (B) if not married to the participant throughout such creditable service, equal to that former spouse’s pro rata share of 55 percent of the full amount of such annuity. For the purposes of this paragraph, the term “creditable service” means service which is creditable under part I or II. (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) An annuity payable from the Fund under this part to a surviving former spouse under this subsection shall commence on the day after the annuitant dies and shall terminate on the last day of the month before the former spouse’s death or remarriage before attaining age 60. If such a survivor annuity is terminated because of remarriage, it shall be restored at the same rate commencing on the date such remarriage is terminated if any lump sum paid upon termination of the annuity is returned to the Fund. (4) (A) The maximum survivor annuity or combination of survivor annuities under this section (and [section 4046(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046/b/3&num=0&edition=prelim)) with respect to any participant or former participant may not exceed 55 percent of the full amount of the participant’s annuity, as calculated under [section 4046(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046/a&num=0&edition=prelim). (B) Once a survivor annuity has been provided for under this subsection for any former spouse, a survivor annuity may thereafter be provided for under this subsection (or [section 4046(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046/b/3&num=0&edition=prelim)) with respect to a participant or former participant only for that portion (if any) of the maximum available which is not committed for survivor benefits for any former spouse whose prospective right to such annuity has not terminated by reason of death or remarriage. (C) After the death of a participant or former participant, a 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) may not adjust the amount of the annuity of any former spouse under this section. (5) (A) For each full month after a former spouse of a participant or former participant dies or remarries before attaining age 60, the annuity of the participant, if reduced to provide a survivor annuity for that former spouse, shall be recomputed and paid as if the annuity had not been so reduced, unless an election is in effect under subparagraph (B). (B) Subject to paragraph (4)(B), the participant may elect in writing within one year after receipt of notice of the death or remarriage of the former spouse to continue the reduction in order to provide a higher survivor annuity under [section 4046(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046/b/3&num=0&edition=prelim) for any spouse of the participant. **(c) Additional survivor annuity** (1) In the case of any participant or former participant providing a survivor annuity benefit under subsection (b) for a former spouse— (A) such participant may elect, or (B) a 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) may provide for, an additional survivor annuity under this subsection for any other former spouse or spouse surviving the participant, if the participant satisfactorily passes a physical examination as prescribed by the Secretary of State. (2) Neither the total amount of survivor annuity or annuities under this subsection with respect to any participant or former participant, nor the survivor annuity or annuities for any one surviving spouse or former spouse of such participant under this section and [section 4046 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046&num=0&edition=prelim), shall exceed 55 percent of the full amount of the participant’s annuity, 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). (3) (A) In accordance with regulations which the Secretary of State shall prescribe, the participant involved may provide for any annuity under this subsection— (i) by a reduction in the annuity or an allotment from the salary of the participant, (ii) by a lump sum payment or installment payments to the Fund, or (iii) by any combination thereof. (B) The present value of the total amount to accrue to the Fund under subparagraph (A) to provide any annuity under this subsection shall be actuarially equivalent in value to such annuity, as calculated upon such tables of mortality as may from time to time be prescribed for this purpose by the Secretary of State. (C) If a former spouse predeceases the participant or remarries before attaining age 60 (or, in the case of a spouse, the spouse does not qualify as a former spouse upon dissolution of the marriage)— (i) if an annuity reduction or salary allotment under subparagraph (A) is in effect for that spouse or former spouse, the annuity shall be recomputed and paid as if it had not been reduced or the salary allotment terminated, as the case may be, and (ii) any amount accruing to the Fund under subparagraph (A) shall be refunded, but only to the extent that such amount may have exceeded the actuarial cost of providing benefits under this subsection for the period such benefits were provided, as determined under regulations prescribed by the Secretary of State. (D) Under regulations prescribed by the Secretary of State, an annuity shall be recomputed (or salary allotment terminated or adjusted), and a refund provided (if appropriate), in a manner comparable to that provided under subparagraph (C), in order to reflect a termination or reduction of future benefits under this subsection for a spouse in the event a former spouse of the participant dies or remarries before attaining age 60 and an increased annuity is provided for that spouse in accordance with this part. (4) An annuity payable under this subsection to a spouse or former spouse shall commence on the day after the participant dies and shall terminate on the last day of the month before the former spouse’s death or remarriage before attaining age 60. (5) [Section 4066 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4066&num=0&edition=prelim) shall not apply to any annuity under this subsection, unless authorized under regulations prescribed by the Secretary of State.

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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. § 4066 — Cost-of-living adjustment of annuities

**(a) Effective date** A cost-of-living annuity increase shall become effective under this section on the effective date of each such increase under [section 8340(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8340/b&num=0&edition=prelim). Each such increase shall be applied to each annuity payable from the Fund under this part which has a commencing date not later than the effective date of the increase. **(b) Applicability of increases under other provisions of law** Each annuity increase under this section shall be identical to the corresponding percentage increase under [section 8340(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8340/b&num=0&edition=prelim). **(c) Eligibility for increases** Eligibility for an annuity increase under this section shall be governed by the commencing date of each annuity payable from the Fund under this part as of the effective date of an increase except as follows: (1) The first increase (if any) made under this section to an annuity which is payable from the Fund to a participant or to the surviving spouse or former spouse of a deceased participant who died in service or a deceased annuitant whose annuity was not increased under this section, shall be equal to the product (adjusted to the nearest ⅒ of 1 percent) of— (A) 1⁄12 of the applicable percent change computed under subsection (b) of this section, multiplied by (B) the number of months (counting any portion of a month as a month)— (i) for which the annuity was payable from the Fund before the effective date of the increase, or (ii) in the case of a surviving spouse or former spouse of a deceased annuitant whose annuity has not been so increased, since the annuity was first

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

22 U.S.C. § 3948 — Recall and reappointment of career members

**(a) Retired career members** Whenever the Secretary determines that the needs of the Service so require, the Secretary may recall any retired career member of the Service for active duty in the same personnel category as that member was serving at the time of retirement. A retired career member may be recalled under this section to any appropriate salary class or rate, except that a retired career member of the Senior Foreign Service may not be recalled to a salary class higher than the one in which the member was serving at the time of retirement unless appointed to such higher class by the President, by and with the advice and consent of the Senate. **(b) Former career members** Former career members of the Service may be reappointed under section 3942(a)(1) or 3943 of this title, without regard to [section 3946 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3946&num=0&edition=prelim), in a salary class which is appropriate in light of the qualifications and experience of the individual being reappointed.

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

22 U.S.C. § 4064 — Reemployment

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4064

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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. § 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. § 4045 — Contributions to Fund

**(a) Rates and sources; deposits in Fund** (1) Except as otherwise provided in this section, 7.25 percent of the basic salary received by each participant shall be deducted from the salary and contributed to the Fund for the payment of annuities, cash benefits, refunds, and allowances. The contribution by the employing agency shall be a percentage of basic salary equal to the percentage in effect under section 7001(d)(1) of the Balanced Budget Act of 1997 (Public Law 105–33; [22 U.S.C. 4045](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4045&num=0&edition=prelim) note), and section 505(h) of the Department of Transportation and Related Agencies Appropriations Act, 2001 (as enacted by Public Law 106–346; 114 Stat. 1356A–54), plus .25 percent of basic salary, and shall be made from the appropriations or fund used for payment of the salary of the participant. The employing agency shall deposit in the Fund the amounts deducted and withheld from basic salary and the amounts contributed by the employing agency. (2) Notwithstanding the percentage limitation contained in paragraph (1) of this subsection— (A) the employing agency shall deduct and withhold from the basic pay of a Foreign Service criminal investigator/inspector of the Office of the Inspector General, Agency for International Development, who is qualified to have his annuity computed in the same manner as that of a law enforcement officer pursuant to [section 8339(d) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8339/d&num=0&edition=prelim), an amount equal to that to be withheld from a law enforcement officer pursuant to [section 8334(a)(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8334/a/1&num

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4045

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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. § 4049 — Death in service

**(a) Lump-sum credit** If a participant dies and no claim for annuity is payable under this part, the lump-sum credit shall be paid in accordance with [section 4055 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4055&num=0&edition=prelim). **(b) Surviving spouse** If a participant who has at least 18 months of civilian service credit toward retirement under the System dies before retirement or other separation from the Service and is survived by a spouse or former spouse qualifying for an annuity under [section 4054(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4054/b&num=0&edition=prelim), such surviving spouse shall be entitled to an annuity equal to 55 percent of the annuity computed in accordance with subsections (e) and (g) of this section and [section 4046(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046/a&num=0&edition=prelim) and any surviving former spouse shall be entitled to an annuity under [section 4054(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4054/b&num=0&edition=prelim) as if the participant died after being entitled to an annuity under this part. If the participant had less than 3 years creditable civilian service at the time of death, the survivor annuity shall be computed on the basis of the average salary for the entire period of such service. **(c) Surviving spouse or former spouse, and children** If a participant who has at least 18 months of civilian service credit toward retirement under the System dies before retirement or other separation from the Service and is survived by a spouse or a former spouse who is the natural or adoptive parent of a survivi

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4049

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

22 U.S.C. § 4051 — Voluntary retirement

Any participant who is at least 50 years of age and has 20 years of creditable service, including at least 5 years of service credit toward retirement under the System (excluding military and naval service), may on his or her own application and with the consent of the Secretary 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). The Secretary shall withhold consent for retirement under this section by any participant who has not been a member of the Service for 5 years. Any participant who voluntarily separates from the Service before completing 5 years in the System and who, on the date of separation, would be eligible for an annuity, based on a voluntary separation, under section 8336 or 8338 of title 5, if the participant had been covered under the Civil Service Retirement System rather than subject to this subchapter while a member of the Service, may receive an annuity under section 8336 or 8338, notwithstanding [section 8333(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8333/b&num=0&edition=prelim), if all contributions transferred to the Fund under [section 4045(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4045/c/1&num=0&edition=prelim), as well as all contributions withheld from the participant’s pay or contributed by the employer, and deposited into the Fund during the period he or she was subject to this subchapter, including interest on these amounts, are transferred to the Civil Service Retirement and Disability Fund effective on the date the participant separates from the Service.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4051

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.