
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC4007]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                       CHAPTER 52--FOREIGN SERVICE
 
                 SUBCHAPTER VI--PROMOTION AND RETENTION
 
Sec. 4007. Retirement for expiration of time in class


(a) Maximum time

    (1) The Secretary shall, by regulation, establish maximum time in 
class limitations for--
        (A) career members of the Senior Foreign Service,
        (B) Foreign Service officers, and
        (C) other career members of the Service who are in such 
    occupational categories as may be designated by the Secretary and 
    who are assigned to salary classes in the Foreign Service Schedule 
    to which Foreign Service officers may also be assigned.

    (2) Maximum time in class limitations under this subsection (which 
may not be less than 3 years for career members of the Senior Foreign 
Service) may apply with respect to the time a member may remain in a 
single salary class or in a combination of salary classes.
    (3) The Secretary may, by regulation, increase or decrease any 
maximum time in class established under this subsection as the needs of 
the Service may require. If maximum time in class is decreased, the 
Secretary shall provide any member of the Service who is in a category 
and salary class subject to the new time in class limitation an 
opportunity to remain in class (notwithstanding the new limitation) for 
a period which is at least as long as the shorter of--
        (A) the period which the member would have been permitted to 
    remain in class but for the decrease in maximum time in class, or
        (B) such minimum period as the Secretary determines is necessary 
    to provide members of the Service who are in the same category and 
    salary class as that member a reasonable opportunity to be promoted 
    into the next higher class or combination of classes, as the case 
    may be.

(b) Limited career extension

    Members of the Service whose maximum time in class under subsection 
(a) of this section expires--
        (1) after they have attained the highest salary class for their 
    respective occupational categories, or
        (2) in the case of members of the Senior Foreign Service, while 
    they are in salary classes designated by the Secretary,

may continue to serve only under limited extentions of their career 
appointments. Such limited extensions may not exceed 5 years in duration 
and may be granted and renewed by the Secretary in accordance with the 
recommendations of selection boards established under section 4002 of 
this title. Members of the Service serving under such limited career 
extensions shall continue to be career members of the Service.

(c) Members subject to retirement; reception of retirement benefits

    Any member of the Service--
        (1) whose maximum time in class under subsection (a) of this 
    section expires and who is not promoted to a higher class or 
    combination of classes, as the case may be, or
        (2) whose limited career extension under subsection (b) of this 
    section expires and is not renewed,

shall be retired from the Service and receive benefits in accordance 
with section 4009 of this title, subject to any career extension under 
subsection (d) of this section.

(d) Extensions

    Notwithstanding any other provision of this section--
        (1) the career appointment of a member of the Service whose 
    maximum time in class under subsection (a) of this section expires, 
    or whose limited career extension under subsection (b) of this 
    section expires, while that member is occupying a position to which 
    he or she was appointed by the President, by and with the advice and 
    consent of the Senate, shall be extended until the appointment to 
    that position is terminated; and
        (2) if the Secretary determines it to be in the public interest, 
    the Secretary may extend temporarily the career appointment of a 
    career member of the Service whose maximum time in class or limited 
    career extension expires, but in no case may any extension under 
    this paragraph exceed one year and such extensions may be granted 
    only in special circumstances.

(Pub. L. 96-465, title I, Sec. 607, Oct. 17, 1980, 94 Stat. 2096.)

                  Section Referred to in Other Sections

    This section is referred to in sections 4001, 4002, 4009, 4046, 
4071d, 4131, 4136, 4153 of this title.
