22 U.S.C. § 4056 — Creditable service

Page 1498 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4056 1 See Amendment of Section note below. payable to the former spouse. For the purposes of this subsection, the term ‘‘creditable service’’ means service which is creditable under part I or II. (Pub. L. 96–465, title I, § 815, Oct. 17, 1980, 94 Stat. 2116; Pub. L. 99–335, title IV, §§ 402(a)(2), 404(c), 413, June 6, 1986, 100 Stat. 609, 610, 614; Pub. L. 100–238, title II, § 218, Jan. 8, 1988, 101 Stat. 1775.) AMENDMENT OF SECTION Ex. Ord. No. 12446, § 1(a), (c), Oct. 17, 1983, 48 F.R. 48443, set out as a note under section 4067 of this title, provided that the first sentence of subsection (h) of this section, applicable (i) to contributions for civilian service performed on or after the first day of Nov. 1983, (ii) to con- tributions for prior refunds to participants for which application is received by the employing agency on and after such first day of Nov. 1983, and (iii) to excess contributions under section 4055(h) of this title and voluntary contributions under section 4065(a) of this title from the first day of Nov. 1983, is deemed to be amended to provide that interest shall be compounded at the annual rate of 3 percent per annum through December 31, 1984, and thereafter at a rate equal to the overall average yield to the Fund during the preceding fiscal year from all obliga- tions purchased by the Secretary of the Treas- ury during such fiscal year under section 4059 of this title, as determined by the Secretary of the Treasury. Editorial Notes AMENDMENTS 1988—Subsec. (a). Pub. L. 100–238 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘Whenever a participant becomes separated from the Service without becoming eligible for an annuity or a deferred annuity under this subchapter, a lump-sum credit shall be paid to the participant (and to any former spouse of the participant, in accordance with subsection (i) of this section). A participant who be- comes subject to part II of this subchapter shall be en- titled to payment of the lump-sum credit if, and to the extent that, such lump-sum credit relates to service of a type described in clauses (i) through (iii) of section 302(a)(1)(C) of the Federal Employees’ Retirement Sys- tem Act of 1986.’’ 1986—Subsec. (a). Pub. L. 99–335, § 413, inserted provi- sion relating to payment of a lump-sum credit for a participant who becomes subject to part II of this sub- chapter. Subsecs. (c), (d). Pub. L. 99–335, § 402(a)(2), substituted ‘‘part’’ for ‘‘subchapter’’. Subsec. (i). Pub. L. 99–335, § 404(c), inserted provision defining ‘‘creditable service’’ as service creditable under part I or II of this subchapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–238 effective 90 days after Jan. 8, 1988, see section 261(a) of Pub. L. 100–238, set out as a note under section 4054 of this title. 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. § 4056. Creditable service (a) Applicability of civil service provisions (1) 1 Except as otherwise specified by law, all periods of civilian and military and naval serv- ice, and all other periods through the date of final separation of a participant from the Serv- ice that the Secretary of State determines would be creditable toward retirement under the Civil Service Retirement and Disability System (as determined in accordance with section 8332 of title 5), shall be creditable for purposes of this part. Conversely, any such service performed after December 31, 1976, that would not be cred- itable under specified conditions under section 8332 of title 5, shall be excluded under this part under the same conditions. (2) The service of an individual who first be- comes a participant on or after October 17, 1983, without any credit under this section for civil- ian service performed prior to October 1, 1982, shall include credit for: (A) each period of military or naval service performed before January 1, 1957, and (B) each period of military or naval service performed after December 31, 1956, and before the separation on which the entitlement to annuity under this part is based, only if a de- posit (with interest if any is required) is made with respect to that period, as provided in sec- tion 4045(e) of this title. (3) The service of an individual who first be- came a participant on or after October 17, 1983, with credit under this section for civilian serv- ice performed prior to October 1982, shall include credit for each period of military or naval serv- ice performed before the date of the separation on which the entitlement to an annuity under this part is based, subject, in the case of mili- tary or naval service performed after December 1956, to subsection (j). (4) The service of an individual who first be- came a participant before October 17, 1983, shall include credit for each period of military or naval service performed before the date of the separation on which the entitlement to an annu- ity under this part is based, subject, in the case of military or naval service performed after De- cember 1976, to subsection (j). (b) Unused sick leave credit In computing any annuity under this part, the total service of a participant who retires on an immediate annuity or who dies leaving a sur- vivor or survivors entitled to annuity includes (without regard to the 35-year limitation im- posed by section 4046(a) of this title) the days of unused sick leave to the credit of the partici- pant, except that these days shall not be count- ed in determining average basic salary or annu- ity eligibility under this part. A contribution to the Fund shall not be required from a partici- pant for this service credit. (c) Service with other Government agency when on approved leave without pay; arrangement for payment of retirement deductions and agency contributions; special contribution (1) A participant who enters on approved leave without pay to serve as a full-time officer or em- Page 1499 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4056 ployee of an organization composed primarily of Government employees may, within 60 days after entering on that leave without pay, file with the employing agency an election to re- ceive full retirement credit for such periods of leave without pay and arrange to pay concur- rently into the Fund through the employing agency, amounts equal to the retirement deduc- tions and agency contributions on the Foreign Service salary rate that would be applicable if the participant were in a pay status. If the elec- tion and all payments provided by this sub- section are not made for the periods of such leave without pay occurring after November 7, 1976, the participant may not receive any credit for such periods of leave without pay occurring after such date. (2) A participant may make a special contribu- tion for any period or periods of approved leave without pay while serving before November 7, 1976, as a full-time officer or employee of an or- ganization composed primarily of Government employees. Any such contribution shall be based upon the suspended Foreign Service salary rate and shall be computed in accordance with sec- tion 4045 of this title. A participant who makes such contributions shall be allowed full retire- ment credit for the period or periods of leave without pay. If this contribution is not made, up to 6 months’ retirement credit shall be allowed for such periods of leave without pay each cal- endar year. (d) Special contribution in repayment of refund of retirement contributions 1 A participant who has received a refund of re- tirement contributions (which has not been re- paid) under this or any other retirement system for Government employees covering service which may be creditable may make a special contribution for such service under section 4045 of this title. Credit may not be allowed for serv- ice covered by the refund unless the special con- tribution is made. (e) Civilian service under other Government re- tirement system No credit in annuity computation shall be al- lowed for any period of civilian service for which a participant made retirement contributions to another retirement system for Government em- ployees unless— (1) the right to any annuity under the other system which is based on such service is waived, and (2) a special contribution is made under sec- tion 4045 of this title covering such service. (f) Service in military during period of war or national emergency A participant who during a period of war, or national emergency proclaimed by the President or declared by the Congress, leaves the Service to enter the military service is deemed, for the purpose of this part, as not separated from the Service unless the participant applies for and re- ceives a lump-sum payment under section 4055 of this title. However, the participant is deemed to be separated from the Service after the expira- tion of 5 years of such military service. (g) Recomputation of annuity for participants of Japanese ancestry interned during World War II (1) An annuity or survivor annuity based on the service of a participant of Japanese ancestry who would be eligible under section 8332(l) of title 5, for credit for civilian service for periods of internment during World War II shall, upon application to the Secretary of State, be recom- puted to give credit for that service. Any such recomputation of an annuity shall apply with respect to months beginning more than 30 days after the date on which application for such re- computation is received by the Secretary of State. (2) The Secretary of State shall take such ac- tion as may be necessary and appropriate to in- form individuals entitled to have any service credited or annuity recomputed under this sub- section of their entitlement to such credit or re- computation. (3) The Secretary of State shall, on request, assist any individual referred to in paragraph (1) in obtaining from any agency or other Govern- ment establishment information necessary to verify the entitlement of the individual to have any service credited or any annuity recomputed under this subsection. (4) Any agency or other Government establish- ment shall, upon request, furnish to the Sec- retary of State any information it possesses with respect to the internment or other deten- tion, as described in section 8332(l) of title 5, of any participant. (h) Service as employees of Member or office of Congress while on approved leave without pay A participant who, while on approved leave without pay, serves as a full-time paid employee of a Member or office of the Congress shall con- tinue to make contributions to the Fund based upon the Foreign Service salary rate that would be in effect if the participant were in a pay sta- tus. The participant’s employing office in the Congress shall make a matching contribution (from the appropriation or fund which is used for payment of the salary of the participant) to the Treasury of the United States to the credit of the Fund. All periods of service for which full contributions to the Fund are made under this subsection shall be counted as creditable service for purposes of this part and shall not, unless all retirement credit is transferred, be counted as creditable service under any other Government retirement system. (i) Former spouses (1) Service of a participant shall be considered creditable service for purposes of applying provi- sions of this part relating to former spouses if such service would be creditable— (A) under subsection (c)(1) or (2) but for the fact an election was not made under sub- section (c)(1) or a special contribution was not made under subsection (c)(2), and (B) under subsection (d) but for the fact that a refund of contributions has not been repaid unless the former spouse received under this part a portion of the lump sum (or a spousal agreement or court order provided otherwise). Page 1500 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4056 (2) A former spouse shall not be considered as married to a participant for periods assumed to be creditable service under section 4048(a) of this title or section 4049(e) of this title. (j) Redetermination of credit for military and naval service (1) Except as otherwise provided by statute or Executive Order, section 8332(j) of title 5, relat- ing to redetermination of credit for military and naval service, shall be applied to annuities pay- able under this part. The Secretary of State shall redetermine service, and may request and obtain information from the Secretary of Health and Human Services, as the Office of Personnel Management is directed or authorized to do in section 8332(j). (2) Section 8332(j) of title 5 shall not apply with respect to: (A) the service of any individual who first became a participant on or after October 17, 1983, without any credit under this section for civilian service performed prior to October 1982; or (B) any military or naval service performed prior to 1957 by an individual who first became a participant on or after October 17, 1983, with credit under this section for civilian service performed prior to October 1982, or any period of military or naval service performed after 1956 with respect to which the participant has made a contribution (with interest if any is re- quired) under section 4045(e) of this title; or (C) any military or naval service performed prior to 1977 by any individual who first be- came a participant before October 17, 1983, or any period of military or naval service per- formed after 1976 with respect to which the participant has made a contribution (with in- terest if any is required) under section 4045(e) of this title. (Pub. L. 96–465, title I, § 816, Oct. 17, 1980, 94 Stat. 2118; Ex. Ord. No. 12446, § 4(b), (c), Oct. 17, 1983, 48 F.R. 48444, 48445; Pub. L. 99–335, title IV, § 402(a)(2), June 6, 1986, 100 Stat. 609; Pub. L. 101–246, title I, § 145(a), Feb. 16, 1990, 104 Stat. 36.) AMENDMENT OF SECTION Ex. Ord. No. 12446, § 5, Oct. 17, 1983, 48 F.R. 48445, set out as a note under section 4067 of this title, provided that: ‘‘(a) Section 816(a) of the Act (22 U.S.C. 4056(a)) is deemed to be further amended so that the provi- sions of section 8332(j) of Title 5 of the United States Code, relating to credit for military service, shall not apply with respect to any individual who is en- titled to an annuity under such Act [this chapter] on or before the date of approval of this Order [Oct. 17, 1983], or who is entitled to an annuity based on a separation from service occurring on or before such date. ‘‘(b) Subject to subsection (c), in any case in which an individual described in subsection (a) is also entitled to old-age or survivors insurance bene- fits under section 202 of the Social Security Act [42 U.S.C. 402] (or would be entitled to such benefits upon filing application therefor), the amount of the annuity to which such individual is entitled under chapter 8 of the Act [this subchapter] (after taking into account subsection (a)) which is payable for any month shall be reduced by an amount deter- mined by multiplying the amount of such old-age or survivors insurance benefit for the determination month by a fraction— ‘‘(1) the numerator of which is the total of the wages (within the meaning of section 209 of the Social Security Act [42 U.S.C. 409]) for service re- ferred to in section 210(1) of such Act [42 U.S.C. 410] (relating to service in the uniformed services) and deemed additional wages (within the meaning of section 229 of such Act [42 U.S.C. 429]) of such individual credited for years after 1956 and before the calendar year in which the determination month occurs, up to the contribution and benefit base determined under section 230 of the Social Security Act [42 U.S.C. 430] (or other applicable maximum annual amount referred to in section 215(e)(1) of such Act [42 U.S.C. 415(e)(1)]) for each such year, and ‘‘(2) the denominator of which is the total of all wages deemed additional wages described in para- graph (1) of this subsection plus all other wages (within the meaning of section 209 of the Social Security Act [42 U.S.C. 409]) and all self-employ- ment income (within the meaning of section 211(b) of such Act [42 U.S.C. 411(b)]) of such individual credited for years after 1936 and before the cal- endar year in which the determination month oc- curs, up to the contribution and benefit base (or such other amount referred to in such section 215(e)(1) of such Act [42 U.S.C. 415(e)(1)]) for each such year. ‘‘(c) Subsection (b) shall not reduce the annuity of any individual below the amount of the annuity which would be payable under chapter 8 of the Act [this subchapter] to the individual for the deter- mination month if section 8332(j) of Title 5 of the United States Code applied to the individual for such month. ‘‘(d) For purposes of this section, the term ‘deter- mination month’ means— ‘‘(1) the first month the individual described in subsection (a) is entitled to old-age or survivors insurance benefits under section 202 of the Social Security Act [42 U.S.C. 402] (or would be entitled to such benefits upon filing application therefor); or ‘‘(2) the first day of the month following the month in which this Order is issued [Oct. 1983] in the case of any individual so entitled to such ben- efits for such month. ‘‘(e) The preceding provisions of this section shall take effect with respect to any annuity payment payable under chapter 8 of the Act [this subchapter] for calendar months beginning after the date of this Order [Oct. 17, 1983]. ‘‘(f) The Secretary of Health and Human Services shall furnish such information to the Secretary of State as may be necessary to carry out the pre- ceding provisions of this section.’’ Ex. Ord. No. 12446, § 1(b), (c), provided that subsection (d) of this section, applicable (i) to contributions for civilian service performed on or after the first day of Nov. 1983, (ii) to con- tributions for prior refunds to participants for which application is received by the employing agency on and after such first day of Nov. 1983, and (iii) to excess contributions under section 4055(h) of this title and voluntary contributions under section 4065(a) of this title from the first day of Nov. 1983, is deemed to be amended to ex- 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.