22 U.S.C. § 4053 — Reassignment and retirement of former

Page 1494 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4053 § 4053. Reassignment and retirement of former Presidential appointees (a) Reassignment or retirement of participants not eligible for retirement A participant, who completes an assignment under section 3942(b) of this title in a position to which the participant was appointed by the President, and is not otherwise eligible for re- tirement— (1) shall be reassigned within 90 days after the termination of such assignment and any period of authorized leave, or (2) if the Secretary of State determines that reassignment is not in the interest of the For- eign Service, shall be retired from the Service and receive retirement benefits in accordance with section 4046 or 4071d of this title, as ap- propriate. (b) Retirement of participants eligible for retire- ment A participant who completes an assignment under section 3942(b) of this title in a position to which the participant was appointed by the President and is eligible for retirement and is not reassigned within 90 days after the termi- nation of such assignment and any period of au- thorized leave, shall be retired from the Service and receive retirement benefits in accordance with section 4046 of this title or section 4071d of this title, as appropriate. (c) Retirement of reemployed participants A participant who is retired under subsection (a)(2) and is subsequently employed by the United States Government, thereafter, shall be eligible to retire only under the terms of the ap- plicable retirement system. (Pub. L. 96–465, title I, § 813, Oct. 17, 1980, 94 Stat. 2113; Pub. L. 102–138, title I, § 149, Oct. 28, 1991, 105 Stat. 670; Pub. L. 103–236, title I, § 174, Apr. 30, 1994, 108 Stat. 413.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–236 added subsecs. (a) to (c) and struck out former subsecs. (a) to (c) which read as fol- lows: ‘‘(a) Except as provided under subsection (b) of this section, a participant, who completes an assignment under section 3942(b) of this title in a position to which he or she was appointed by the President, shall be of- fered reassignment within 90 days after the termi- nation of such assignment and any period of authorized leave. ‘‘(b) Subsection (a) of this section shall not apply with respect to a participant, if the Secretary of State determines that reassignment of the participant is not in the interest of the United States and the Foreign Service. ‘‘(c) A participant who is not reassigned under sub- section (a) of this section shall be retired from the Service and receive retirement benefits in accordance with section 4046 or 4071d of this title, as appropriate.’’ 1991—Pub. L. 102–138 inserted ‘‘Reassignment and’’ in section catchline and amended text generally. Prior to amendment, text read as follows: ‘‘If a participant com- pletes an assignment under section 3942(b) of this title in a position to which he or she was appointed by the President and has not been reassigned within 3 months after the termination of such assignment (plus any pe- riod of authorized leave), the participant shall be re- tired from the Service and receive retirement benefits in accordance with section 4046 of this title.’’ § 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, a former spouse of a par- ticipant or former participant is entitled to an annuity if such former spouse was married to the participant for at least 10 years during serv- ice of the participant which is creditable under this subchapter with at least 5 of such years oc- curring 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 per- cent 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) 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 involving any par- ticipant may provide for an annuity or any com- bination of annuities under this subsection which exceeds the annuity of the participant, nor may any such court order relating to an an- nuity 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 calcu- lating any reduction in the annuity of the par- ticipant to provide survivor benefits under sub- section (b) or section 4046(b)(3) of this title. (B) If any annuitant whose annuity is reduced under subparagraph (A) is recalled to service under section 3948 of this title, or reinstated or reappointed in the Service in the case of a recov- ered disability annuitant or if any annuitant is reemployed as provided for under section 4064 of