22 U.S.C. § 4052 — Mandatory retirement

Page 1493 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4052 8338 of title 5, if the participant had been cov- ered under the Civil Service Retirement System rather than subject to this subchapter while a member of the Service, may receive an annuity under section 8336 or 8338, notwithstanding sec- tion 8333(b) of title 5, if all contributions trans- ferred to the Fund under section 4045(c)(1) of this title, as well as all contributions withheld from the participant’s pay or contributed by the employer, and deposited into the Fund during the period he or she was subject to this sub- chapter, including interest on these amounts, are transferred to the Civil Service Retirement and Disability Fund effective on the date the participant separates from the Service. (Pub. L. 96–465, title I, § 811, Oct. 17, 1980, 94 Stat. 2112; Pub. L. 100–238, title II, § 216, Jan. 8, 1988, 101 Stat. 1774.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–238 inserted last two sentences re- lating to withholding consent to retirement and to cer- tain participants who voluntarily separate from the Service before completing 5 years in the System. 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. § 4052. Mandatory retirement (a)(1) Except as provided in subsection (b), any participant shall be retired from the Service at the end of the month in which the participant has reached age 65 and has at least 5 years of service credit toward retirement under the Sys- tem (excluding military and naval service), and shall receive retirement benefits in accordance with section 4046 of this title. (2) Notwithstanding paragraph (1)— (A) an individual described in section 4(a)(2) of the Department of State Special Agents Re- tirement Act of 1998 who is otherwise eligible for immediate retirement under this sub- chapter; or (B) a Foreign Service criminal investigator/ inspector of the Office of Inspector General of the Agency for International Development who would have been eligible for retirement pursuant to either section 8336(c) or 8412(d)(1) of title 5, as applicable, had the employee re- mained in civil service, shall be separated from the Service on the last day of the month in which such individual under subparagraph (A) or such Foreign Service crimi- nal investigator/inspector under subparagraph (B) attains 57 years of age or completes 20 years of service if then over that age. If the head of the agency judges that the public interest so re- quires, that agency head may exempt such an employee from automatic separation under this subsection until that employee attains 60 years of age. The employing office shall notify the em- ployee in writing of the date of separation at least 60 days before that date. Action to sepa- rate the employee is not effective without the consent of the employee, until the last day of the month in which the 60-day notice expires. (b)(1) Any participant who is otherwise re- quired to retire under subsection (a) while occu- pying a position to which he or she was ap- pointed by the President, by and with the advice and consent of the Senate, may continue to serve until that appointment is terminated. (2) Whenever the Secretary determines it to be in the public interest, any participant who is otherwise required to retire under subsection (a) may be retained on active service for a period not to exceed 5 years. (3) Any participant who completes a period of service authorized by this subsection shall be re- tired at the end of the month in which such au- thorized service is completed. (Pub. L. 96–465, title I, § 812, Oct. 17, 1980, 94 Stat. 2113; Pub. L. 101–513, title V, § 587(b), Nov. 5, 1990, 104 Stat. 2056; Pub. L. 102–499, § 4(c), Oct. 24, 1992, 106 Stat. 3265; Pub. L. 105–382, § 3, Nov. 13, 1998, 112 Stat. 3408; Pub. L. 117–225, § 3(b)(2)(B)(ii), Dec. 9, 2022, 136 Stat. 2296.) Editorial Notes REFERENCES IN TEXT Section 4(a)(2) of the Department of State Special Agents Retirement Act of 1998, referred to in subsec. (a)(2)(A), is section 4(a)(2) of Pub. L. 105–382, which is set out as a note under section 4044 of this title. AMENDMENTS 2022—Subsec. (a)(2)(B). Pub. L. 117–225, which directed amendment of title VIII of the Foreign Service Act of 1980 by inserting ‘‘(1)’’ after ‘‘or 8412(d)’’ in subsec. (a)(2)(B) of this section, was executed as if the amend- ment had been directed to chapter 8 of title I of the Foreign Service Act of 1980, to reflect the probable in- tent of Congress. 1998—Subsec. (a)(2). Pub. L. 105–382 amended first sen- tence generally. Prior to amendment, first sentence read as follows: ‘‘Notwithstanding paragraph (1), a For- eign Service criminal investigator/inspector of the Of- fice of Inspector General of the Agency for Inter- national Development who would have been eligible for retirement pursuant to either section 8336(c) or 8412(d) of title 5, as applicable, had the employee remained in civil service, shall be separated from the Service on the last day of the month in which that Foreign Service criminal investigator/inspector attains 57 years of age or completes 20 years of service if then over that age.’’ 1992—Subsec. (a)(2). Pub. L. 102–499 substituted ‘‘57’’ for ‘‘55’’. 1990—Subsec. (a). Pub. L. 101–513 designated existing provisions as par. (1) and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–225 effective Dec. 9, 2022, and applicable to an individual who suffers an illness or injury described in certain Code provisions on or after the date that is 2 years after Dec. 9, 2022, see section 3(f) of Pub. L. 117–225, set out as a note under section 8336 of Title 5, Government Organization and Employ- ees. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–382 effective Nov. 13, 1998, with provisions relating to applicability with respect to certain individuals, see section 4 of Pub. L. 105–382, as amended, set out as a note under section 4044 of this title. 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