22 U.S.C. § 4043 — Participants

Page 1476 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4042 tion 4054(a) of this title or except to the extent pro- vided in section 4159 of this title, regarding rights of former spouses to receive survivor annuities under this subchapter, see section 2403(a) and (e) of Pub. L. 96–465, set out as a note under section 3901 of this title. TERMINATION OF RETIREMENT BENEFITS FOR FOREIGN NATIONAL EMPLOYEES ENGAGING IN HOSTILE INTEL- LIGENCE ACTIVITIES Pub. L. 100–204, title I, § 158, Dec. 22, 1987, 101 Stat. 1355, provided that: ‘‘(a) TERMINATION.—The Secretary of State shall exer- cise the authorities available to him to ensure that the United States does not provide, directly or indirectly, any retirement benefits of any kind to any present or former foreign national employee of a United States diplomatic or consular post against whom the Sec- retary has convincing evidence that such employee has engaged in intelligence activities directed against the United States. To the extent practicable, the Secretary shall provide due process in implementing this section. ‘‘(b) WAIVER.—The Secretary of State may waive the applicability of subsection (a) on a case-by-case basis with respect to an employee if he determines that it is vital to the national security of the United States to do so and he reports such waiver to the appropriate com- mittees of the Congress.’’ TEMPORARY RETIREMENT CONTRIBUTIONS AND PROCEDURES FOR CERTAIN PARTICIPANTS For temporary provisions providing modified con- tributions and procedures for members of the Service participating in the Foreign Service Retirement and Disability System who are also required to pay employ- ment taxes relating to benefits under title II of the So- cial Security Act, 42 U.S.C. 401 et seq., until they are covered by a new Government retirement system or Jan. 1, 1986, whichever is earlier, see title II of Pub. L. 98–168, set out as a note under section 8331 of Title 5, Government Organization and Employees. Executive Documents DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of State, see section 1 of Ex. Ord. No. 12293, Feb. 23, 1981, 46 F.R. 13969, set out as a note under section 3901 of this title. § 4042. Maintenance of Fund The Secretary of the Treasury shall maintain the special fund known as the Foreign Service Retirement and Disability Fund (hereinafter in this part referred to as the ‘‘Fund’’), originally created by section 18 of the Act of May 24, 1924 (43 Stat. 144). (Pub. L. 96–465, title I, § 802, Oct. 17, 1980, 94 Stat. 2102; Pub. L. 99–335, title IV, § 402(a)(2), June 6, 1986, 100 Stat. 609.) Editorial Notes REFERENCES IN TEXT Section 18 of the Act of May 24, 1924 (43 Stat. 144), re- ferred to in text, which was classified to section 21 of this title, was repealed by act Aug. 13, 1946, ch. 957, title XI, § 1131(44), 60 Stat. 1038. AMENDMENTS 1986—Pub. L. 99–335 substituted ‘‘part’’ for ‘‘sub- chapter’’. 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. § 4043. Participants (a) Career appointees or candidates; chiefs of mission Except as provided in subsection (d), the fol- lowing members of the Service (hereinafter in this part referred to as ‘‘participants’’) shall be entitled to the benefits of the System: (1) Every member who is serving under a ca- reer appointment or as a career candidate under section 3946 of this title— (A) in the Senior Foreign Service, or (B) assigned to a salary class in the For- eign Service Schedule. (2) Every chief of mission, who is not a par- ticipant under paragraph (1), who— (A) has served as chief of mission for an aggregate period of 20 years or more, and (B) has paid into the Fund a special con- tribution for each year of such service in ac- cordance with section 4045 of this title. (b) Executive branch appointees Any otherwise eligible member of the Service who is appointed to a position in the executive branch by the President, by and with the advice and consent of the Senate, or by the President alone, shall not by virtue of the acceptance of such appointment cease to be eligible to partici- pate in the System. (c) Binational Center Grantees In addition to the individuals who are partici- pants in the System under subsection (a), any individual who was appointed as a Binational Center Grantee and who completed at least 5 years of satisfactory service as such a grantee or under any other appointment under the Foreign Service Act of 1946 may become a participant in the System, and shall receive credit for such service if an appropriate special contribution is made to the Fund in accordance with section 4045(d) or (f) of this title. (d) Exclusion An individual subject to the Foreign Service Pension System (described in part II) is not a participant in this System. (Pub. L. 96–465, title I, § 803, Oct. 17, 1980, 94 Stat. 2102; Pub. L. 99–335, title IV, §§ 402(a)(2), 414, June 6, 1986, 100 Stat. 609, 614.) Editorial Notes REFERENCES IN TEXT The Foreign Service Act of 1946, referred to in subsec. (c), is act Aug. 13, 1946, ch. 957, titles I to X, 60 Stat. 999, which was classified principally to chapter 14 (§ 801 et seq.) of this title, and was repealed by Pub. L. 96–465, title II, 2205(1), Oct. 17, 1980, 94 Stat. 2159. AMENDMENTS 1986—Subsec. (a). Pub. L. 99–335, §§ 402(a)(2), 414(1), substituted ‘‘Except as provided in subsection (d), the’’ for ‘‘The’’ and ‘‘part’’ for ‘‘subchapter’’ in provisions preceding par. (1). Subsec. (d). Pub. L. 99–335, § 414(2), added subsec. (d). 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- Page 1477 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4044 1 See Change of Name note below. tive Date note under section 8401 of Title 5, Govern- ment Organization and Employees. § 4044. Definitions As used in this part, unless otherwise speci- fied, the term— (1) ‘‘annuitant’’ means any individual, in- cluding 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 par- ticipant, or (iii) lived with the participant, for whom a petition of adoption was filed by the par- ticipant, and who is adopted by the sur- viving 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 be- come 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; (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 divorce or an- nulment; (5) ‘‘Foreign Service normal cost’’ means the level percentage of payroll required to be de- posited in the Fund to meet the cost of bene- fits payable under the System (computed in accordance with generally accepted actuarial practice on an entry-age basis) less the value of retirement benefits earned under another retirement system for Government employees and less the cost of credit allowed for military and naval service; (6) ‘‘former spouse’’ means a former wife or husband of a participant or former participant who was married to such participant for not less than 10 years during periods of service by that participant which are creditable under section 4056 of this title; (7) ‘‘Fund balance’’ means the sum of— (A) the investments of the Fund calculated at par value, plus (B) the cash balance of the Fund on the books of the Treasury; (8) ‘‘lump-sum credit’’ means the compul- sory and special contributions to the credit of a participant or former participant in the Fund plus interest on such contributions at 4 percent a year compounded annually to De- cember 31, 1976, and after such date, for a par- ticipant who separates from the Service after completing at least 1 year of civilian service and before completing 5 years of such service, at the rate of 3 percent per year to the date of separation (except that interest shall not be paid for a fractional part of a month in the total service or on compulsory and special contributions from an annuitant for recall service or other service performed after the date of separation which forms the basis for annuity); (9) ‘‘military and naval service’’ means hon- orable active service— (A) in the Armed Forces of the United States, (B) in the Regular or Reserve Corps 1 of the Public Health Service after June 30, 1960, or (C) as a commissioned officer of the Na- tional Oceanic and Atmospheric Administra- tion, or a predecessor organization, after June 30, 1961, but does not include service in the National Guard except when ordered to active duty in the service of the United States; (10) ‘‘pro rata share’’, in the case of any former spouse of any participant or former participant, means a percentage which is equal to the percentage that (A) the number of years during which the former spouse was married to the participant during the cred- itable service (creditable under part I or II) of that participant is of (B) the total number of years of such creditable service (creditable under part I or II); (11) ‘‘spousal agreement’’ means any written agreement between— (A) a participant or former participant; and (B) his or her spouse or former spouse; (12) ‘‘student’’ means a child regularly pur- suing a full-time course of study or training in residence in a high school, trade school, tech- nical or vocational institute, junior college, college, university, or comparable recognized educational institution (for purposes of this paragraph, a child who is a student shall not be deemed to have ceased to be a student dur- ing any period between school years, semes- ters, or terms if the period of nonattendance does not exceed 5 calendar months and if the child shows to the satisfaction of the Sec- retary of State that he or she has a bona fide intention of continuing to pursue his or her course of study during the school year, semes- ter, or term immediately following such pe- riod); (13) ‘‘surviving spouse’’ means the surviving wife or husband of a participant or annuitant who was married to the participant or annu- itant for at least 9 months immediately pre- ceding his or her death or is a parent of a child born of the marriage, except that the require-