
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC4041]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                       CHAPTER 52--FOREIGN SERVICE
 
       SUBCHAPTER VIII--FOREIGN SERVICE RETIREMENT AND DISABILITY
 
        Part I--Foreign Service Retirement and Disability System
 
Sec. 4041. Administration

    In accordance with such regulations as the President may prescribe, 
the Secretary of State shall administer the Foreign Service Retirement 
and Disability System (hereinafter in this part referred to as the 
``System''), originally established pursuant to section 18 of the Act of 
May 24, 1924 (43 Stat. 144).

(Pub. L. 96-465, title I, Sec. 801, Oct. 17, 1980, 94 Stat. 2102; Pub. 
L. 99-335, title IV, Sec. 402(a)(2), June 6, 1986, 100 Stat. 609.)

                       References in Text

    Section 18 of the Act of May 24, 1924 (43 Stat. 144), referred to in 
text, which was classified to section 21 of this title, was repealed by 
act Aug. 13, 1946, ch. 957, title XI, Sec. 1131(44), 60 Stat. 1038.


                               Amendments

    1986--Pub. L. 99-335 substituted ``part'' for ``subchapter''.


                    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 Effective Date note under 
section 8401 of Title 5, Government Organization and Employees.


                             Effective Date

    Subchapter effective Feb. 15, 1981, except regarding the rights of 
former spouses to any annuity under section 4054(a) of this title or 
except to the extent provided in section 4159 of this title, regarding 
rights of former spouses to receive survivor annuities under this 
subchapter, see section 2403(a) and (e) of Pub. L. 96-465, set out as a 
note under section 3901 of this title.

                         Delegation of Functions

    Functions of President under this section delegated to Secretary of 
State, see section 1 of Ex. Ord. No. 12293, Feb. 23, 1981, 46 F.R. 
13969, set out as a note under section 3901 of this title.


   Termination of Retirement Benefits for Foreign National Employees 
               Engaging in Hostile Intelligence Activities

    Pub. L. 100-204, title I, Sec. 158, Dec. 22, 1987, 101 Stat. 1355, 
provided that:
    ``(a) Termination.--The Secretary of State shall exercise the 
authorities available to him to ensure that the United States does not 
provide, directly or indirectly, any retirement benefits of any kind to 
any present or former foreign national employee of a United States 
diplomatic or consular post against whom the Secretary has convincing 
evidence that such employee has engaged in intelligence activities 
directed against the United States. To the extent practicable, the 
Secretary shall provide due process in implementing this section.
    ``(b) Waiver.--The Secretary of State may waive the applicability of 
subsection (a) on a case-by-case basis with respect to an employee if he 
determines that it is vital to the national security of the United 
States to do so and he reports such waiver to the appropriate committees 
of the Congress.''


     Temporary Retirement Contributions and Procedures for Certain 
                              Participants

    For temporary provisions providing modified contributions and 
procedures for members of the Service participating in the Foreign 
Service Retirement and Disability System who are also required to pay 
employment taxes relating to benefits under title II of the Social 
Security Act, 42 U.S.C. 401 et seq., until they are covered by a new 
Government retirement system or Jan. 1, 1986, whichever is earlier, see 
title II of Pub. L. 98-168, set out as a note under section 8331 of 
Title 5, Government Organization and Employees.
