22 U.S.C. § 4060 — Assignment and attachment of moneys

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. 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.