22 U.S.C. § 4057 — Extra credit for service at unhealthful

Page 1501 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4060 clude from the computation of creditable civil- ian service under subsec. (a) of this section any period of civilian service for which retirement deductions or contributions have not been made under section 4045(d) of this title unless— (1) the participant makes a contribution for such period as provided in such section 4045(d) of this title; or (2) no contribution is required for such service as provided under section 4045(f) of this title as deemed to be amended by this Order, or under any other statute. Editorial Notes AMENDMENTS 1990—Subsec. (i)(2). Pub. L. 101–246 amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘A former spouse shall not be considered as married to a participant— ‘‘(A) for periods assumed to be creditable service under section 4048(a) of this title or section 4049(e) of this title, or ‘‘(B) for any extra period of creditable service pro- vided under section 4057 of this title for service of a participant at an unhealthful post unless the former spouse resided with the participant at that post dur- ing that period.’’ 1986—Subsecs. (a), (b), (f), (h), (i)(1), (j)(1). Pub. L. 99–335 substituted ‘‘part’’ for ‘‘subchapter’’ wherever appearing. 1983—Subsec. (a). Ex. Ord. No. 12446, § 4(b), designated existing provisions as par. (1) and added pars. (2) to (4). Subsec. (j). Ex. Ord. No. 12446, § 4(c), added subsec. (j). 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. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by section 4 of Ex. Ord. No. 12446 effec- tive Oct. 17, 1983, see section 4(e) of Ex. Ord. No. 12446, set out under section 4067 of this title. § 4057. Extra credit for service at unhealthful posts The Secretary of State may from time to time establish a list of places which by reason of cli- matic or other extreme conditions are to be classed as unhealthful posts. Each year of duty at such posts, inclusive of regular leaves of ab- sence, shall be counted as one and a half years in computing the length of the service of a par- ticipant for the purpose of retirement, frac- tional months being considered as full months in computing such service. No such extra credit for service at such unhealthful posts shall be credited to any participant who is paid a dif- ferential under section 5925 or 5928 of title 5 for such service. Such extra credit may not be used to determine the eligibility of a person to qual- ify as a former spouse under this part, or to compute the pro rata share under section 4044(10) of this title. No extra credit for service at unhealthful posts may be given under this section for any service as part of a tour of duty, or extension thereof, beginning on or after Feb- ruary 16, 1990. (Pub. L. 96–465, title I, § 817, Oct. 17, 1980, 94 Stat. 2120; Pub. L. 101–246, title I, § 145(b), Feb. 16, 1990, 104 Stat. 37.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–246 inserted provisions at end that extra credit not be used to determine eligibility to qualify as former spouse under this part or to compute the pro rata share under section 4044(10) of this title and that no extra credit for service at unhealthful posts be given under this section for any service as part of a tour of duty, or extension thereof, beginning on or after Feb. 16, 1990. § 4058. Estimate of appropriations needed The Secretary of the Treasury shall prepare the estimates of the annual appropriations re- quired to be made to the Fund, and shall make actuarial valuations of the System at intervals of not more than five years. The Secretary of State may expend from money to the credit of the Fund an amount not exceeding $5,000 per year for the incidental expenses necessary in ad- ministering the provisions of this part, includ- ing actuarial advice. (Pub. L. 96–465, title I, § 818, Oct. 17, 1980, 94 Stat. 2120; Pub. L. 99–335, title IV, § 402(a)(2), June 6, 1986, 100 Stat. 609.) Editorial Notes 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. § 4059. Investment of Fund The Secretary of the Treasury shall invest from time to time in interest-bearing securities of the United States such portions of the Fund as in the judgment of the Secretary of the Treasury may not be immediately required for the payment of annuities, cash benefits, refunds, and allowances. The income derived from such investments shall constitute a part of the Fund. (Pub. L. 96–465, title I, § 819, Oct. 17, 1980, 94 Stat. 2120.) § 4060. Assignment and attachment of moneys (a) Annuities and severance pay benefits (1) An individual entitled to an annuity from the Fund may make allotments or assignments of amounts from such annuity for such purposes as the Secretary of State in his or her sole dis- cretion considers appropriate. (2) Notwithstanding section 3727 of title 31 or any other law, a member of the Service who is entitled to receive benefits under section 4009(b)(1) of this title may assign to any person the whole or any part of those benefits. Any such assignment shall be on a form approved by the Secretary of the Treasury and a copy of such assignment form shall be deposited with the Secretary of the Treasury by the member exe- cuting the assignment.