
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: 22USC4043]

 
               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. 4043. Participants


(a) Career appointees or candidates; chiefs of mission

    Except as provided in subsection (d) of this section, the following 
members of the Service (hereinafter in this part referred to as 
``participants'') shall be entitled to the benefits of the System:
        (1) Every member who is serving under a career appointment or as 
    a career candidate under section 3946 of this title--
            (A) in the Senior Foreign Service, or
            (B) assigned to a salary class in the Foreign Service 
        Schedule.

        (2) Every chief of mission, who is not a participant under 
    paragraph (1), who--
            (A) has served as chief of mission for an aggregate period 
        of 20 years or more, and
            (B) has paid into the Fund a special contribution for each 
        year of such service in accordance with section 4045 of this 
        title.

(b) Executive branch appointees

    Any otherwise eligible member of the Service who is appointed to a 
position in the executive branch by the President, by and with the 
advice and consent of the Senate, or by the President alone, shall not 
by virtue of the acceptance of such appointment cease to be eligible to 
participate in the System.

(c) Binational Center Grantees

    In addition to the individuals who are participants in the System 
under subsection (a) of this section, any individual who was appointed 
as a Binational Center Grantee and who completed at least 5 years of 
satisfactory service as such a grantee or under any other appointment 
under the Foreign Service Act of 1946 may become a participant in the 
System, and shall receive credit for such service if an appropriate 
special contribution is made to the Fund in accordance with section 
4045(d) or (f) of this title.

(d) Exclusion

    An individual subject to the Foreign Service Pension System 
(described in part II of this subchapter) is not a participant in this 
System.

(Pub. L. 96-465, title I, Sec. 803, Oct. 17, 1980, 94 Stat. 2102; Pub. 
L. 99-335, title IV, Secs. 402(a)(2), 414, June 6, 1986, 100 Stat. 609, 
614.)

                       References in Text

    The Foreign Service Act of 1946, referred to in subsec. (c), is act 
Aug. 13, 1946, ch. 957, titles I to X, 60 Stat. 999, as amended, which 
was classified principally to chapter 14 (Sec. 801 et seq.) of this 
title, and was repealed by Pub. L. 96-465, title II, 2205(1), Oct. 17, 
1980, 94 Stat. 2159.


                               Amendments

    1986--Subsec. (a). Pub. L. 99-335, Secs. 402(a)(2), 414(1), 
substituted ``Except as provided in subsection (d) of this section, 
the'' for ``The'' and ``part'' for ``subchapter'' in provisions 
preceding par. (1).
    Subsec. (d). Pub. L. 99-335, Sec. 414(2), added subsec. (d).


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 4071b, 4159 of this title.
