22 U.S.C. § 4071i — Transition provisions

Page 1525 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4071j (2) Any contributions under this section in ex- cess of the amounts which (but for paragraph (1)) would otherwise have been payable shall be applied toward reducing the unfunded liability of the Foreign Service Retirement and Dis- ability System. (3) After the unfunded liability of the Foreign Service Retirement and Disability System has been eliminated, as determined by the Secretary of State, Government contributions under this section shall be determined and made dis- regarding this subsection. (Pub. L. 96–465, title I, § 857, as added Pub. L. 99–335, title IV, § 415, June 6, 1986, 100 Stat. 618; amended Pub. L. 113–67, div. A, title IV, § 402(c), Dec. 26, 2013, 127 Stat. 1185.) Editorial Notes REFERENCES IN TEXT Section 402(b) of the Bipartisan Budget Act of 2013, referred to in subsec. (c)(1), is section 402(b) of div. A of Pub. L. 113–67, which amended section 4071e of this title. AMENDMENTS 2013—Subsec. (c). Pub. L. 113–67 added subsec. (c). § 4071g. Cost-of-living adjustments Cost-of-living adjustments for annuitants under this System shall be granted under proce- dures in section 8462 of title 5 in the same man- ner as such adjustments are made for annuitants referred to in subsection (c)(3)(B)(ii) of such sec- tion. (Pub. L. 96–465, title I, § 858, as added Pub. L. 99–335, title IV, § 415, June 6, 1986, 100 Stat. 619.) Statutory Notes and Related Subsidiaries DELAY IN COST-OF-LIVING ADJUSTMENTS DURING FISCAL YEARS 1994, 1995, AND 1996 Any cost-of-living increase scheduled to take effect during fiscal year 1994, 1995, or 1996 under this section delayed until first day of third calendar month after date such increase would otherwise take effect, see sec- tion 11001 of Pub. L. 103–66, set out as a note under sec- tion 8340 of Title 5, Government Organization and Em- ployees. § 4071h. General and administrative provisions (a) Administration by Secretary of State; issuance of regulations The Secretary of State shall administer the Foreign Service Pension System except for mat- ters relating to the Thrift Savings Plan provided in subchapters III and VII of chapter 84 of title 5. The Secretary of State shall, with respect to the Foreign Service Pension System, perform the functions and exercise the authority vested in the Office of Personnel Management or the Director of such Office by such chapter 84 and may issue regulations for such purposes. (b) Appeal of determinations Determinations of the Secretary of State under the Foreign Service Pension System which, if made by the Office of Personnel Man- agement under chapter 84 of title 5 or the Direc- tor of such Office, would be appealable to the Merit Systems Protection Board shall, instead, be appealable to the Foreign Service Grievance Board, except that determinations of disability for participants shall be based upon the stand- ards in section 4048 of this title (other than the exclusion for vicious habits, intemperance, or willful misconduct) and subject to review in the same manner as under that section. (c) Periodic valuations by Secretary of the Treas- ury At least every 5 years, the Secretary of the Treasury shall prepare periodic valuations of the Foreign Service Pension System and shall advise the Secretary of State of (1) the normal cost of the System, (2) the supplemental liabil- ity of the System, and (3) the amounts necessary to finance the costs of the System. (Pub. L. 96–465, title I, § 859, as added Pub. L. 99–335, title IV, § 415, June 6, 1986, 100 Stat. 619.) § 4071i. Transition provisions The Secretary of State shall issue regulations providing for the transition from the Foreign Service Retirement and Disability System to the Foreign Service Pension System in a man- ner comparable to the transition of employees subject to subchapter III of chapter 83 of title 5 (the Civil Service Retirement System) to the Federal Employees’ Retirement System. For this and related purposes, references made to participation in subchapter III of chapter 83 of title 5 (the Civil Service Retirement System), the Social Security Act [42 U.S.C. 301 et seq.], and title 26 shall be deemed to refer to participa- tion in the Foreign Service Pension System or the Foreign Service Retirement and Disability System, as appropriate. (Pub. L. 96–465, title I, § 860, as added Pub. L. 99–335, title IV, § 415, June 6, 1986, 100 Stat. 619; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. AMENDMENTS 1986—Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. § 4071j. Former spouses (a) Entitlement to share in benefits; conditions; remarriage; payments as income to former spouse; disability annuitants; election re- garding method of payment; maximum amount payable (1)(A) Unless otherwise expressly provided by any spousal agreement or court order governing disposition of benefits under this part, a former spouse of a participant or former participant is entitled, during the period described in subpara- graph (B), to a share (determined under para- graph (2)) of all benefits otherwise payable to