22 U.S.C. § 4061 — Payments for future benefits

Page 1502 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4061 (b) Participants or annuitants having former spouses (1)(A) In the case of any participant or annu- itant who has a former spouse who is covered by a court order or who is a party to a spousal agreement— (i) any right of the former spouse to any an- nuity under section 4054(a) of this title in con- nection with any retirement or disability an- nuity of the participant, and the amount of any such annuity; (ii) any right of the former spouse to a sur- vivor annuity under section 4054(b) or (c) of this title, and the amount of any such annu- ity; and (iii) any right of the former spouse to any payment of a lump-sum credit under section 4055(a) or (b) of this title; shall be determined in accordance with that spousal agreement or court order, if and to the extent expressly provided for in the terms of that spousal agreement or court order. (B) This paragraph shall not apply in the case of any spousal agreement or court order which, as determined by the Secretary of State— (i) would provide for a survivor annuity for a spouse or any former spouse of a participant with respect to which there has not been an annuity reduction (or a salary reduction or payment under section 4054(c)(3) of this title); or (ii) is otherwise inconsistent with the re- quirements of this part. (2) Except with respect to obligations between participants and former spouses, payments under this part which would otherwise be made to a participant or annuitant based upon his or her service shall be paid (in whole or in part) by the Secretary of State to another individual to the extent expressly provided for in the terms of any order or any court decree of legal separa- tion, or the terms of any court order or court- approved property settlement agreement inci- dent to any court decree of legal separation. (3) Paragraphs (1) and (2) shall apply only to payments made under this part for periods be- ginning after the date of receipt by the Sec- retary of State of written notice of such decree, order, or agreement, and such additional infor- mation and such documentation as the Sec- retary of State may require. (4) Any payment under this subsection to an individual bars recovery by any other indi- vidual. (5) The 10-year requirement of section 4044(b)(6) of this title, or any other provision of this part, shall not be construed to affect the rights any spouse or individual formerly mar- ried to a participant or annuitant may have, under any law or rule of law of any State or the District of Columbia, with respect to an annuity of a participant or annuitant under this part. (c) Applicability of other provisions of law or remedies None of the moneys mentioned in this part shall be assignable either in law or equity, ex- cept under subsection (a) or (b) of this section, or subject to execution, levy, attachment, gar- nishment, or other legal process, except as oth- erwise may be provided by Federal law. (Pub. L. 96–465, title I, § 820, Oct. 17, 1980, 94 Stat. 2120; Pub. L. 99–335, title IV, § 402(a)(2), June 6, 1986, 100 Stat. 609.) Editorial Notes CODIFICATION In subsec. (a)(2), ‘‘section 3727 of title 31’’ substituted for ‘‘section 3477 of the Revised Statutes of the United States (31 U.S.C. 203)’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. AMENDMENTS 1986—Subsecs. (b)(1)(B)(ii), (2), (3), (5), (c). Pub. L. 99–335 substituted ‘‘this part’’ for ‘‘this subchapter’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as an Effec- tive Date note under section 8401 of Title 5, Govern- ment Organization and Employees. § 4061. Payments for future benefits (a) Statutes deemed to authorize appropriations to Fund to finance unfunded liability Any statute which authorizes— (1) new or liberalized benefits payable from the Fund under this part, including annuity increases other than under section 4065 of this title; (2) extension of the benefits of the System to new groups of employees; or (3) increases in salary on which benefits are computed; is deemed to authorize appropriations to the Fund to finance the unfunded liability created by that statute, in 30 equal annual installments with interest computed at the rate used in the then most recent valuation of the System and with the first payment thereof due as of the end of the fiscal year in which each new or liberal- ized benefit, extension of benefits, or increase in salary is effective. (b) Authorization of appropriations to Fund There is authorized to be appropriated to the Fund for each fiscal year an amount equal to the amount of the Foreign Service normal cost for that year which is not met by contributions to the Fund under section 4045(a) of this title. (Pub. L. 96–465, title I, § 821, Oct. 17, 1980, 94 Stat. 2121; Pub. L. 99–335, title IV, § 402(a)(3), June 6, 1986, 100 Stat. 609.) Editorial Notes AMENDMENTS 1986—Subsec. (a)(1). Pub. L. 99–335 inserted ‘‘under this part’’ after ‘‘payable from the Fund’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as an Effec- tive Date note under section 8401 of Title 5, Govern- ment Organization and Employees. Page 1503 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4064 1 So in original. No par. (2) has been enacted. § 4062. Unfunded liability obligations (a) Notice of interest and military service credit At the end of each fiscal year, the Secretary of State shall notify the Secretary of the Treasury of the amount equivalent to— (1) interest on the unfunded liability com- puted for that year at the interest rate used in the then most recent valuation of the System, and (2) that portion of disbursement for annu- ities for that year which the Secretary of State estimates is attributable to credit al- lowed for military and naval service, less an amount determined by the Secretary of State to be appropriate to reflect the value of the deposits made to the credit of the Fund under section 4045(e) of this title. (b) Credit to Fund Before closing the accounts for each fiscal year, the Secretary of the Treasury shall credit such amounts to the Fund, as a Government contribution, out of any money in the Treasury of the United States not otherwise appropriated. (c) Reports to Congress Requests for appropriations to the Fund under section 4061(b) of this title shall include reports to the Congress on the sums credited to the Fund under this section. (Pub. L. 96–465, title I, § 822, Oct. 17, 1980, 94 Stat. 2121; Ex. Ord. No. 12446, § 4(d), Oct. 17, 1983, 48 F.R. 48445.) Editorial Notes AMENDMENTS 1983—Subsec. (a)(2). Ex. Ord. No. 12446 inserted ‘‘, less an amount determined by the Secretary of State to be appropriate to reflect the value of the deposits made to the credit of the Fund under section 4045(e) of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Ex. Ord. No. 12446 effective Oct. 17, 1983, see section 4(e) of Ex. Ord. No. 12446, set out under section 4067 of this title. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under subsec. (c) of this section is listed on page 127), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Fi- nance. § 4063. Annuity adjustment for recall service (a) Full salary in lieu of annuity; contributions to Fund; resumption of annuity with cost-of-liv- ing adjustment Any annuitant recalled to duty in the Service under section 3948(a) of this title shall, while so serving, be entitled in lieu of annuity to the full salary of the class in which serving. During such service the recalled annuitant shall make con- tributions to the Fund in accordance with sec- tion 4045 of this title. On the day following ter- mination of the recall service, the former annu- ity shall be resumed, adjusted by any cost-of-liv- ing increases under section 4065 of this title that became effective during the recall period. (b) Refund of contributions to Fund; election for supplemental annuity or determination of annuity anew; prior service counted as recall service If the recall service lasts less than one year, the contributions of the annuitant to the Fund during recall service shall be refunded in accord- ance with section 4055 of this title. If the recall service lasts more than one year, the annuitant may, in lieu of such refund, elect a supplemental annuity computed under section 4046 of this title on the basis of service credit and average salary earned during the recall period irrespective of the number of years of service credit previously earned. If the recall service continues for at least 5 years, the annuitant may elect to have his or her annuity determined anew under sec- tion 4046 of this title in lieu of any other bene- fits under this section. Any annuitant who is re- called under section 3948 of this title may upon written application count as recall service any prior service that is creditable under section 4056 of this title that was performed after the separation upon which his or her annuity is based. (c) Annuitant subject to Foreign Service Pension System If an annuitant becomes subject to part II of this subchapter by reason of recall service— (1) subsections (a) and (b) shall not apply to such annuitant; and (2) section 4064 of this title shall apply to the recall service as if such service were reemploy- ment. (Pub. L. 96–465, title I, § 823, Oct. 17, 1980, 94 Stat. 2122; Pub. L. 99–335, title IV, § 409, June 6, 1986, 100 Stat. 612.) Editorial Notes AMENDMENTS 1986—Subsec. (c). Pub. L. 99–335 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as an Effec- tive Date note under section 8401 of Title 5, Govern- ment Organization and Employees. § 4064. Reemployment (a) Termination of annuity; coverage under same retirement system or another contributory retirement system; rights and benefits (1)(A) 1 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 re- ceiving an annuity under this part or part II of this subchapter, becomes employed in an ap- pointive or elective position in the Government, payment of any annuity under either part to the