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22 U.S.C. § 4071 — Establishment; application of Federal Employees’ Retirement System to Foreign Service Pension System participants
Federal law — U.S. Code and appendices · legal_authorities
**(a)** There is hereby established a Foreign Service Pension System.
**(b)** Except as otherwise specifically provided in this part or any other provision of law, the provisions of chapter 84 of title 5 shall apply to all participants in the Foreign Service Pension System and such participants shall be treated in all respects similar to persons whose participation in the Federal Employees’ Retirement System provided in that chapter is required.
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Stable record: federal_law:legal_authorities:record_usc_ed0c235719bfb48b5475e642
Source file: Laws/federal/codes/united-states-code/title-22/section-4071-establishment-application-of-federal-employees-retirement-system-to-fore--034c18c215.md
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Passage SHA-256: 24fc686799f5ca1493a5e43af2988c5f723fddc006fece16bb253d4de6bb4a9a
Source location: Title 22, Chapter 52, § 4071; chapter-052-foreign-service.md
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**(a)** There is hereby established a Foreign Service Pension System.
**(b)** Except as otherwise specifically provided in this part or any other provision of law, the provisions of chapter 84 of title 5 shall apply to all participants in the Foreign Service Pension System and such participants shall be treated in all respects similar to persons whose participation in the Federal Employees’ Retirement System provided in that chapter is required.
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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
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
**(a) Entitlement** A member of the Service—
(1) who is retired under [section 4007(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4007/c/2&num=0&edition=prelim); or
(2) who is retired under section 4007(c)(1) or 4008(b) or 4010a of this title—
(A) after becoming eligible for voluntary retirement under [section 4051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4051&num=0&edition=prelim) or any other applicable provision of chapter 84 of title 5, or
(B) from the Senior Foreign Service or while assigned to class 1 in the Foreign Service Schedule,
shall 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.
**(b) Computation of amount; refund; death of member** Any member of the Service (other than a member to whom subsection (a) applies) who is retired under section 4007(c)(1) or 4008(b) or 4010a of this title shall receive—
(1) one-twelfth of a year’s salary at his or her then current salary rate for each year of service and proportionately for a fraction of a year, but not exceeding a total of one year’s salary at his or her then current salary rate, payable without interest from the Foreign Service Retirement and Disability Fund in 3 equal installments, such installments to be paid on January 1 of each of the first 3 calendar years beginning after the retirement of the member (except that in special cases, the Secretary of State may accelerate or combine such installments); and
(2)
(A) fo
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4009
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Old-age insurance benefits** Every individual who—
(1) is a fully insured individual (as defined in [section 414(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section414/a&num=0&edition=prelim)),
(2) has attained age 62, and
(3) has filed application for old-age insurance benefits or was entitled to disability insurance benefits for the month preceding the month in which he attained retirement age (as defined in section 416(l) of this title),
shall be entitled to an old-age insurance benefit for each month, beginning with—
(A) in the case of an individual who has attained retirement age (as defined in section 416(l) of this title), the first month in which such individual meets the criteria specified in paragraphs (1), (2), and (3), or
(B) in the case of an individual who has attained age 62, but has not attained retirement age (as defined in section 416(l) of this title), the first month throughout which such individual meets the criteria specified in paragraphs (1) and (2) (if in that month he meets the criterion specified in paragraph (3)),
and ending with the month preceding the month in which he dies. Except as provided in subsection (q) and subsection (w), such individual’s old-age insurance benefit for any month shall be equal to his primary insurance amount (as defined in [section 415(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/a&num=0&edition=prelim)) for such month.
**(b) Wife’s insurance benefits**
(1) The wife (as defined in [section 416(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section416/b&num=0&edition=prelim)) and every divorced wife (as defined in [section 416(d) of this title](https://uscode.house.gov/
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 402
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this subchapter—
**(a) Employment** The term “employment” means any service performed after 1936 and prior to 1951 which was employment for the purposes of this subchapter under the law applicable to the period in which such service was performed, and any service, of whatever nature, performed after 1950 (A) by an employee for the person employing him, irrespective of the citizenship or residence of either, (i) within the United States, or (ii) on or in connection with an American vessel or American aircraft under a contract of service which is entered into within the United States or during the performance of which and while the employee is employed on the vessel or aircraft it touches at a port in the United States, if the employee is employed on and in connection with such vessel or aircraft when outside the United States, or (B) outside the United States by a citizen or resident of the United States as an employee (i) of an American employer (as defined in subsection (e) of this section), or (ii) of a foreign affiliate (as defined in section 3121(l)(6) of the Internal Revenue Code of 1986) of an American employer during any period for which there is in effect an agreement, entered into pursuant to section 3121(l) of such Code, with respect to such affiliate, or (C) if it is service, regardless of where or by whom performed, which is designated as employment or recognized as equivalent to employment under an agreement entered into under [section 433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section433&num=0&edition=prelim); except that, in the case of service performed after 1950, such term shall not include—
(1) Service performed by foreign agricultural workers lawfully admitted to the United States fro
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 410
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Federal law — U.S. Code and appendices · legal_authorities
Page 1518
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4071
(b) Prerequisites for enrollment; notification of
rights
(1) Any individual eligible for coverage under
subsection (a) may enroll in a health benefits
plan for self alone or for self and family if, be-
fore the expiration of the 6-month period begin-
ning on the effective date of this section, and in
accordance with such procedures as the Director
of the Office of Personnel Management shall by
regulation prescribe, such individual—
(A) files an election for such enrollment; and
(B) arranges to pay currently into the Em-
ployees Health Benefits Fund under section
8909 of title 5 an amount equal to the sum of
the employee and agency contributions pay-
able in the case of an employee enrolled under
chapter 89 of such title in the same health
benefits plan and with the same level of bene-
fits.
(2) The Secretary shall, as soon as possible,
take all steps practicable—
(A) to determine the identity and current
address of each former spouse eligible for cov-
erage under subsection (a); and
(B) to notify each such former spouse of that
individual’s rights under this section.
(3) The Secretary shall waive the 6-month lim-
itation set forth in paragraph (1) in any case in
which the Secretary determines that the cir-
cumstances so warrant.
(c) Disqualification
(1) Any former spouse who remarries before
age 55 is not eligible to make an election under
subsection (b)(1).
(2) Any former spouse enrolled in a health ben-
efits plan pursuant to an election under sub-
section (b)(1) may continue the enrollment
under the conditions of eligibility which the Di-
rector of the Office of Personnel Management
shall by regulation prescribe, except that any
former spouse who remarries before age 55 shall
not be
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4071
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