
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: 22USC4046]

 
               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. 4046. Computation of annuities


(a) \1\ Measurements; reduction for special contributions; Foreign 
        Service investigator/inspectors
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    \1\ See Amendment of Section note below.
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    (1) The annuity of a participant shall be equal to 2 percent of his 
or her average basic salary for the highest 3 consecutive years of 
service multiplied by the number of years, not exceeding 35, of service 
credit obtained in accordance with sections 4056 and 4057 of this title, 
except that the highest 3 years of service shall be used in computing 
the annuity of any participant who serves an assignment in a position, 
as described in section 3942(b) of this title, to which the participant 
was appointed by the President and whose continuity of service in that 
position is interrupted prior to retirement by appointment or assignment 
to any other position determined by the Secretary of State to be of 
comparable importance. In determining the aggregate period of service 
upon which the annuity is to be based, the fractional part of a month, 
if any, shall not be counted. The annuity shall be reduced by 10 percent 
of any special contribution described in section 4045(d) of this title 
which is due for service for which no contributions were made and which 
remains unpaid unless the participant elects to eliminate the service 
involved for purposes of annuity computation.
    (2) Notwithstanding the percentage limitation contained in paragraph 
(1) of this subsection--
        (A) utilizing the definition of average pay contained in section 
    8331(4) of title 5, the annuity of a Foreign Service criminal 
    investigator/inspector of the Office of the Inspector General, 
    Agency for International Development, who was appointed to a law 
    enforcement position, as defined in section 8331(20) of title 5, 
    prior to January 1, 1984, and would have been eligible to retire 
    pursuant to section 8336(c) of that title, after attaining 50 years 
    of age and completing 20 years as a law enforcement officer had the 
    employee remained in the civil service shall be computed in the same 
    manner as that of a law enforcement officer pursuant to section 
    8339(d) of that title, except as provided in paragraph (3); and
        (B) the annuity of a Foreign Service criminal investigator/
    inspector of such office, who was appointed to a law enforcement 
    position as defined in section 8401(17) of that title on or after 
    January 1, 1984, and who would have been eligible to retire pursuant 
    to section 8412(d) of that title, after attaining 50 years of age 
    and completing 20 years of service as such a law enforcement 
    officer, had the employee remained in the civil service, shall be 
    computed in the same manner as that of a law enforcement officer 
    pursuant to section 8415(d) of that title.

    (3) The annuity of a Foreign Service investigator/inspector of the 
Office of the Inspector General, Agency for International Development, 
appointed to a law enforcement position prior to January 1, 1984, who 
exercised election rights under section 4071i of this title, shall be 
computed as follows: for the period prior to election the annuity shall 
be computed in accordance with section 8339(d) of title 5; for the 
period following election the annuity shall be computed in accordance 
with section 8415(d) of that title.
    (4) All service in a law enforcement position, as defined in section 
8331(20) or 8401(17) of that title, as applicable, in any agency or 
combination of agencies shall be included in the computation of time for 
purposes of this paragraph.
    (5) The annuity of a Foreign Service criminal investigator/inspector 
of the Office of the Inspector General of the Agency for International 
Development who has not completed 20 years of service as a law 
enforcement officer, as defined in section 8331(20) or 8401(17) of that 
title, shall be computed in accordance with paragraph (1).
    (6)(A) The annuity of a special agent under this part shall be 
computed under paragraph (1) except that, in the case of a special agent 
described in subparagraph (B), paragraph (1) shall be applied by 
substituting for ``2 percent''--
        (i) the percentage under subparagraph (A) of section 8339(d)(1) 
    of title 5 for so much of the participant's total service as is 
    specified thereunder; and
        (ii) the percentage under subparagraph (B) of section 8339(d)(1) 
    of title 5 for so much of the participant's total service as is 
    specified thereunder.

    (B) A special agent described in this subparagraph is any such agent 
or former agent who--
        (i)(I) retires voluntarily or involuntarily under section 4007, 
    4008, 4010a, 4051, 4052, or 4053 of this title, under conditions 
    authorizing an immediate annuity, other than for cause on charges of 
    misconduct or delinquency, or retires for disability under section 
    4048 of this title; and
        (II) at the time of retirement--
            (aa) if voluntary, is at least 50 years of age and has 
        completed at least 20 years of service as a special agent; or
            (bb) if involuntary or disability, has completed at least 20 
        years of service as a special agent; or

        (ii) dies in service after completing at least 20 years of 
    service as a special agent, when an annuity is payable under section 
    4049 of this title.

    (C) For purposes of subparagraph (B), included with the years of 
service performed by an individual as a special agent shall be any 
service performed by such individual as a law enforcement officer 
(within the meaning of section 8331(20) or section 8401(17) of title 5), 
or a member of the Capitol Police.
    (7) In the case of a special agent who becomes or became subject to 
part II of this subchapter--
        (A) for purposes of paragraph (6)(B), any service performed by 
    the individual as a special agent (whether under this part or under 
    part II of this subchapter), as a law enforcement officer (within 
    the meaning of section 8331(20) or section 8401(17) of title 5), or 
    as a member of the Capitol Police shall be creditable; and
        (B) if the individual satisfies paragraph (6)(B), the portion of 
    such individual's annuity which is attributable to service under the 
    Foreign Service Retirement and Disability System or the Civil 
    Service Retirement System shall be computed in conformance with 
    paragraph (6).

    (8) For purposes of paragraphs (2), (3), (4), and (6) of this 
subsection, the term ``basic pay'' includes pay as provided in 
accordance with section 3972 of this title or section 5545(c)(2) of 
title 5.

(b) Married participants

    (1)(A) Except to the extent provided otherwise under a written 
election under subparagraph (B) or (C), if at the time of retirement a 
participant or former participant is married (or has a former spouse who 
has not remarried before attaining age 60), the participant shall 
receive a reduced annuity and provide a survivor annuity for his or her 
spouse under this subsection or former spouse under section 4054(b) of 
this title, or a combination of such annuities, as the case may be.
    (B) At the time of retirement, a married participant or former 
participant and his or her spouse may jointly elect in writing to waive 
a survivor annuity for that spouse under this section (or under section 
4054(b) of this title if the spouse later qualifies as a former spouse 
under section 4044(6) of this title), or to reduce such survivor annuity 
under this section (or section 4054(b) of this title) by designating a 
portion of the annuity of the participant as the base for the survivor 
benefit. In the event the marriage is dissolved following an election 
for such a reduced annuity and the spouse qualifies as a former spouse, 
the base used in calculating any annuity of the former spouse under 
section 4054(b) of this title may not exceed the portion of the 
participant's annuity designated under this subparagraph.
    (C) If a participant or former participant has a former spouse, the 
participant and such former spouse may jointly elect by spousal 
agreement under section 4060(b)(1) of this title to waive a survivor 
annuity under section 4054(b) of this title for that former spouse if 
the election is made (i) before the end of the 24-month period after the 
divorce or annulment involving that former spouse becomes final or (ii) 
at the time of retirement, whichever occurs first.
    (D) The Secretary of State may prescribe regulations under which a 
participant or former participant may make an election under 
subparagraph (B) or (C) without the participant's spouse or former 
spouse if the participant establishes to the satisfaction of the 
Secretary of State that the participant does not know, and has taken all 
reasonable steps to determine, the whereabouts of the spouse or former 
spouse.
    (2) The annuity of a participant or former participant providing a 
survivor benefit under this section (or section 4054(b) of this title), 
excluding any portion of the annuity not designated or committed as a 
base for any survivor annuity, shall be reduced by 2\1/2\ percent of the 
first $3,600 plus 10 percent of any amount over $3,600. The reduction 
under this paragraph shall be calculated before any reduction under 
section 4054(a)(5) of this title.
    (3)(A) If a former participant entitled to receive a reduced annuity 
under this subsection dies and is survived by a spouse, a survivor 
annuity shall be paid to the surviving spouse equal to 55 percent of the 
full amount of the participant's annuity computed under subsection (a) 
of this section, or 55 percent of any lesser amount elected as the base 
for the survivor benefit under paragraph (1)(B).
    (B) Notwithstanding subparagraph (A), the amount of the annuity 
calculated under subparagraph (A) for a surviving spouse in any case in 
which there is also a surviving former spouse of the participant who 
qualifies for an annuity under section 4054(b) of this title may not 
exceed 55 percent of the portion (if any) of the base for survivor 
benefits which remains available under section 4054(b)(4)(B) of this 
title.
    (C) An annuity payable from the Fund under this part to a surviving 
spouse under this paragraph shall commence on the day after the 
participant dies and shall terminate on the last day of the month before 
the surviving spouse's death or remarriage before attaining age 60. If 
such a survivor annuity is terminated because of remarriage, it shall be 
restored at the same rate commencing on the date such remarriage is 
terminated if any lump sum paid upon termination of the annuity is 
returned to the Fund.

(c) Surviving children

    (1) If an annuitant who was a participant dies and is survived by a 
spouse or a former spouse who is the natural or adoptive parent of a 
surviving child of the annuitant and by a child or children, in addition 
to the annuity payable to the surviving spouse, there shall be paid to 
or on behalf of each child an annuity equal to the smaller of--
        (A) $900, or
        (B) $2,700 divided by the number of children.

    (2) If an annuitant who was a participant dies and is not survived 
by a spouse or a former spouse who is the natural or adoptive parent of 
a surviving child of the annuitant but by a child or children, each 
surviving child shall be paid an annuity equal to the smaller of--
        (A) $1,080, or
        (B) $3,240 divided by the number of children.

    (3) The amounts specified in this subsection are subject to--
        (A) cost-of-living adjustments as specified under section 
    4066(c)(3) of this title, and
        (B) the minimum specified in subsection (l)(2) of this section.

(d) Recomputation for remaining children

    On the death of the surviving spouse or former spouse or termination 
of the annuity of a child, the annuity of any other child or children 
shall be recomputed and paid as though the spouse, former spouse, or 
child had not survived the participant. If the annuity to a surviving 
child who has not been receiving an annuity is initiated or resumed, the 
annuities of any other children shall be recomputed and paid from that 
date as though the annuities to all currently eligible children in the 
family were then being initiated.

(e) Payment period for child

    The annuity payable to a child under subsection (c) or (d) of this 
section shall begin on the day after the participant dies, or if the 
child is not then qualified, on the first day of the month in which the 
child becomes eligible. The annuity of a child shall terminate on the 
last day of the month which precedes the month in which eligibility 
ceases.

(f) Unmarried participants

    At the time of retirement an unmarried participant who does not have 
a former spouse for whose benefit a reduction is made under subsection 
(b) of this section may elect to receive a reduced annuity and to 
provide for an annuity equal to 55 percent of the reduced annuity 
payable after his or her death to a beneficiary whose name is designated 
in writing to the Secretary of State. The annuity payable to a 
participant making such election shall be reduced by 10 percent of an 
annuity computed under subsection (a) of this section and by 5 percent 
of an annuity so computed for each full 5 years the designated 
beneficiary is younger than the retiring participant, but such total 
reduction shall not exceed 40 percent. No such election of a reduced 
annuity payable to a beneficiary shall be valid until the participant 
has satisfactorily passed a physical examination as prescribed by the 
Secretary of State. The annuity payable to a beneficiary under this 
subsection shall begin on the day after the annuitant dies and shall 
terminate on the last day of the month preceding the death of the 
beneficiary. An annuity which is reduced under this subsection (or any 
similar prior provision of law) shall, effective the first day of the 
month following the death of the beneficiary named under this 
subsection, be recomputed and paid as if the annuity had not been so 
reduced.

(g) Marriage after retirement

    A participant or former participant who was unmarried at retirement 
and who later marries may, within one year after such marriage, 
irrevocably elect in writing to receive a reduced annuity and to provide 
a survivor annuity for the spouse (if such spouse qualifies as a 
surviving spouse under section 4044(13) of this title). Receipt by the 
Secretary of State of notice of an election under this subsection voids 
prospectively any election previously made under subsection (f) of this 
section. The reduction in annuity required by an election under this 
subsection shall be computed and the amount of the survivor annuity 
shall be determined in accordance with subsections (b)(2) and (3) of 
this section. The annuity reduction or recomputation shall be effective 
the first day of the month beginning one year after the date of 
marriage.

(h) Election of benefits

    A surviving spouse or surviving former spouse of any participant or 
former participant shall not become entitled to a survivor annuity or to 
the restoration of a survivor annuity payable from the Fund under this 
part unless the survivor elects to receive it instead of any other 
survivor annuity to which he or she may be entitled under this or any 
other retirement system for Government employees on the basis of a 
marriage to someone other than that participant.

(i) Reversion to retired status

    (1) Any married annuitant who reverts to retired status with 
entitlement to a supplemental annuity under section 4063 of this title 
shall, unless the annuitant and his or her spouse jointly elect in 
writing to the contrary at that time, have the supplemental annuity 
reduced by 10 percent to provide a supplemental survivor annuity for his 
or her spouse. Such supplemental survivor annuity shall be equal to 55 
percent of the supplemental annuity of the annuitant and shall be 
payable to a surviving spouse to whom the annuitant was married at the 
time of reversion to retired status or whom the annuitant subsequently 
married.
    (2) The Secretary of State shall issue regulations to provide for 
the application of paragraph (1) of this subsection and of section 4063 
of this title in any case in which an annuitant has a former spouse who 
was married to the participant at any time during a period of recall 
service and who qualifies for an annuity under this part.

(j) Recomputation upon dissolution of marriage; election after 
        remarriage

    An annuity which is reduced under this section or any similar prior 
provision of law to provide a survivor benefit for a spouse shall, if 
the marriage of the participant to such spouse is dissolved, be 
recomputed and paid for each full month during which an annuitant is not 
married (or is remarried if there is no election in effect under the 
following sentence) as if the annuity had not been so reduced, subject 
to any reduction required to provide a survivor benefit under section 
4054(b) or (c) of this title. Upon remarriage the retired participant 
may irrevocably elect, by means of a signed writing received by the 
Secretary within one year after such remarriage, to receive during such 
marriage a reduction in annuity for the purpose of allowing an annuity 
for the new spouse of the annuitant in the event such spouse survives 
the annuitant. Such reduction shall be equal to the reduction in effect 
immediately before the dissolution of the previous marriage (unless such 
reduction is adjusted under section 4054(b)(5) of this title), and shall 
be effective the first day of the first month beginning one year after 
the date of remarriage. A survivor annuity elected under this subsection 
shall be treated in all respects as a survivor annuity under subsection 
(b) of this section.

(k) Informing of rights by Secretary

    The Secretary of State shall, on an annual basis--
        (1) inform each participant of his or her right of election 
    under subsections (g) and (j) of this section; and
        (2) to the maximum extent practicable, inform spouses or former 
    spouses of participants or former participants of their rights under 
    this section and section 4054 of this title.

(l) Repealed. Pub. L. 100-238, title II, Sec. 217(c)(1), Jan. 8, 1988, 
        101 Stat. 1775

(m) Offset of Social Security benefits

    The retirement, disability, or survivor annuity payable to any 
person based on the service of an individual subject to section 4045(h) 
of this title beginning with the first day of the month for which such 
person first becomes--
        (1) eligible for an annuity under this part based on the service 
    of such individual, and
        (2) entitled, or would, upon proper application, be entitled to 
    old age, disability, or survivor benefits under title II of the 
    Social Security Act [42 U.S.C. 401 et seq.], based on the service of 
    such individual under this part,

shall be computed as if section 8349 of title 5 were applicable.

(n) 18-month period to elect survivor annuity

    (1)(A) A participant--
        (i) who, at the time of retirement, is married; and
        (ii) who elects at such time (in accordance with subsection (b) 
    of this section) to waive a survivor annuity,

may, during the 18-month period beginning on the date of the retirement 
of such participant, elect to have a reduction under subsection (b) of 
this section made in the annuity of the participant (or in such portion 
thereof as the participant may designate) in order to provide a survivor 
annuity for the spouse of such participant.
    (B) A participant--
        (i) who, at the time of retirement, is married, and
        (ii) who at such time designates (in accordance with subsection 
    (b) of this section) that a limited portion of the annuity of such 
    participant is to be used as the base for a survivor annuity,

may, during the 18-month period beginning on the date of the retirement 
of such participant, elect to have a greater portion of the annuity of 
such participant so used.
    (2)(A) An election under subparagraph (A) or (B) of paragraph (1) of 
this subsection shall not be considered effective unless the amount 
specified in subparagraph (B) of this paragraph is deposited into the 
Fund before the expiration of the applicable 18-month period under 
paragraph (1).
    (B) The amount to be deposited with respect to an election under 
this subsection is an amount equal to the sum of--
        (i) the additional cost to the System which is associated with 
    providing a survivor annuity under subsection (b) of this section 
    and results from such election taking into account (I) the 
    difference (for the period between the date on which the annuity of 
    the former participant commences and the date of the election) 
    between the amount paid to such former participant under this part 
    and the amount which would have been paid if such election had been 
    made at the time the participant or former participant applied for 
    the annuity, and (II) the costs associated with providing the later 
    election; and
        (ii) interest on the additional cost determined under clause 
    (i)(I) of this subparagraph computed using the interest rate 
    specified or determined under section 4045(d)(3) of this title for 
    the calendar year in which the amount to be deposited is determined.

    (3) An election by a participant under this subsection voids 
prospectively any election previously made in the case of such 
participant under subsection (b) of this section.
    (4) An annuity which is reduced in connection with an election under 
this subsection shall be reduced by the same percentage reductions as 
were in effect at the time of the retirement of the participant whose 
annuity is so reduced.
    (5) Rights and obligations resulting from the election of a reduced 
annuity under this subsection shall be the same as the rights and 
obligations which would have resulted had the participant involved 
elected such annuity at the time of retiring.

(Pub. L. 96-465, title I, Sec. 806, Oct. 17, 1980, 94 Stat. 2106; Pub. 
L. 99-335, title IV, Secs. 402(a)(2), (3), 406, 407, June 6, 1986, 100 
Stat. 609-611; Pub. L. 99-556, title IV, Sec. 402, Oct. 27, 1986, 100 
Stat. 3136; Pub. L. 100-238, title II, Secs. 213, 214(a), 217(c)(1), 
Jan. 8, 1988, 101 Stat. 1774, 1775; Pub. L. 101-513, title V, 
Sec. 587(a), Nov. 5, 1990, 104 Stat. 2055; Pub. L. 102-499, Sec. 4(d), 
Oct. 24, 1992, 106 Stat. 3266; Pub. L. 105-382, Sec. 2(d)(1)-(3)(A), 
Nov. 13, 1998, 112 Stat. 3407, 3408.)

                          Amendment of Section

        Section 1(b) and (c) of Ex. Ord. No. 12446, Oct. 17, 1983, 48 
    F.R. 48443, set out as a note under section 4067 of this title, 
    provided that subsection (a) of this section, applicable (i) to 
    contributions for civilian service performed on or after the first 
    day of Nov. 1983, (ii) to contributions for prior refunds to 
    participants for which application is received by the employing 
    agency on and after such first day of Nov. 1983, and (iii) to excess 
    contributions under section 4055(h) of this title and voluntary 
    contributions under section 4065(a) of this title from the first day 
    of Nov. 1983, is deemed to be amended to exclude from the 
    computation of creditable civilian service under section 4056(a) of 
    this title 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.

                       References in Text

    The Social Security Act, referred to in subsec. (m)(2), is act Aug. 
14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social 
Security Act is classified generally to subchapter II (Sec. 401 et seq.) 
of chapter 7 of Title 42, The Public Health and Welfare. For complete 
classification of this Act to the Code, see section 1305 of Title 42 and 
Tables.


                               Amendments

    1998--Subsec. (a)(6). Pub. L. 105-382, Sec. 2(d)(1), added par. (6). 
Former par. (6) redesignated (7).
    Subsec. (a)(7). Pub. L. 105-382, Sec. 2(d)(2)(B), added par. (7). 
Former par. (7) redesignated (8).
    Subsec. (a)(8). Pub. L. 105-382, Sec. 2(d)(2)(A), (3)(A), 
redesignated par. (7) as (8) and substituted ``(4), and (6)'' for ``and 
(4)''.
    1992--Subsec. (a)(6). Pub. L. 102-499 substituted ``section 
5545(c)(2)'' for ``section 5545(a)(2)''.
    1990--Subsec. (a). Pub. L. 101-513 designated existing provisions as 
par. (1) and added pars. (2) to (6).
    1988--Subsec. (b)(1)(C). Pub. L. 100-238, Sec. 213(a), substituted 
``24-month'' for ``12-month''.
    Subsec. (c)(1), (2). Pub. L. 100-238, Sec. 214(a)(1), inserted ``or 
a former spouse who is the natural or adoptive parent of a surviving 
child of the annuitant'' after ``survived by a spouse''.
    Subsec. (d). Pub. L. 100-238, Sec. 214(a)(2), amended first sentence 
generally. Prior to amendment, first sentence read as follows: ``If a 
surviving spouse dies or the annuity of a child is terminated, the 
annuities of any remaining children shall be recomputed and paid as 
though such spouse or child had not survived the participant.''
    Subsec. (i)(2). Pub. L. 100-238, Sec. 213(b), substituted ``this 
part'' for ``section 4054(b) of this title''.
    Subsec. (l). Pub. L. 100-238, Sec. 217(c)(1), struck out subsec. (l) 
which set minimum rates for annuities paid under this part.
    1986--Subsecs. (b)(3)(C), (h). Pub. L. 99-335, Sec. 402(a)(3), 
inserted ``under this part'' after ``payable from the Fund''.
    Subsec. (l)(1), (2). Pub. L. 99-335, Sec. 402(a)(2), substituted 
``part'' for ``subchapter''.
    Subsec. (m). Pub. L. 99-556, Sec. 402, amended subsec. (m) 
generally. Prior to amendment, subsec. (m) read as follows: ``The 
annuity or survivor annuity payable to any individual subject to section 
4045(h) of this title beginning with the first month for which such 
individual both--
        ``(1) attains the minimum age for old-age benefits under title 
    II of the Social Security Act, and
        ``(2) first becomes entitled, or would upon proper application 
    become entitled, for disability or survivor benefits under title II 
    of the Social Security Act based on the service of any individual 
    under this part,
shall be computed as if section 8349 of title 5 were applicable.''
    Pub. L. 99-335, Sec. 406, added subsec. (m).
    Subsec. (n). Pub. L. 99-335, Sec. 407, added subsec. (n).


                    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.


                    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.


                    Effective Date of 1986 Amendments

    Section 408 of title IV of Pub. L. 99-556 provided that: ``This 
title and the amendments made by this title [enacting section 4069 of 
this title and amending this section and sections 4064, 4071c, 4071d, 
and 4071j of this title] shall take effect on January 1, 1987. The 
amendment made by section 403 [amending section 4064 of this title] 
shall apply to any individual in a reemployed status on or after January 
1, 1987.''
    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 417 of Pub. L. 99-335 provided that:
    ``(a) Regulations.--Notwithstanding section 702 of this Act [5 
U.S.C. 8401 note], the authority of the Secretary of State to issue 
regulations under subchapter II of title 8 [probably means subchapter II 
of chapter 8 of title I] of the Foreign Service Act of 1980 [part II of 
this subchapter] shall take effect on the date of enactment of this Act 
[June 6, 1986].
    ``(b) 18-Month Period to Elect Survivor Annuity.--(1) 
Notwithstanding section 702 of this Act, the amendment made by section 
407 [enacting subsec. (n) of this section] shall take effect 3 months 
after the date of enactment of this Act.
    ``(2)(A) Subject to subparagraph (B), the amendment made by section 
407 shall apply with respect to participants and former participants who 
retire before, on, or after such amendment first takes effect.
    ``(B) For the purpose of applying the provisions of paragraph (1) of 
section 806(n) of the Foreign Service Act of 1980 (as added by section 
407) to former participants who retire before the date on which the 
amendment first takes effect--
        ``(i) the period referred to in subparagraph (A) or (B) of such 
    paragraph (as the case may be) shall be considered to begin on the 
    date on which such amendment first becomes effective; and
        ``(ii) the amount referred to in paragraph (2) of such section 
    806(n) shall be computed without regard to the provisions of 
    subparagraph (B)(ii) of such paragraph (relating to interest).
    ``(3) For purposes of this subsection, the term `participant' has 
the meaning given that term in section 803 of the Foreign Service Act of 
1980 (22 U.S.C. 4043).''


Election To Provide Survivor Annuity for Certain Spouses Acquired before 
              Effective Date of Foreign Service Act of 1980

    Section 203 of title II of Pub. L. 100-238 provided that:
    ``(a) Election.--A former participant who married his or her current 
spouse before the effective date of the Foreign Service Act of 1980 [see 
Effective Date note set out under section 3901 of this title] and who 
married such spouse after retirement under the Foreign Service 
Retirement and Disability System and who was unable to provide a 
survivor annuity for such spouse because--
        ``(1) the participant was married at the time of retirement and 
    elected not to provide a survivor annuity for that spouse at the 
    time of retirement, or
        ``(2) subject to subsection (e), the participant failed to 
    notify the Secretary of State of the participant's post-retirement 
    marriage within one year after the marriage,
may make the election described in subsection (b).
    ``(b) Election Described.--
        ``(1) The election referred to in subsection (a) is an election 
    in writing--
            ``(A) to provide for a survivor annuity for such spouse 
        under section 806(g) of the Foreign Service Act of 1980 (22 
        U.S.C. 4046(g));
            ``(B) to have his or her annuity reduced under section 
        806(b)(2) of such Act; and
            ``(C) to deposit in the Foreign Service Retirement and 
        Disability Fund an amount determined by the Secretary of State, 
        as nearly as may be administratively feasible, to reflect the 
        amount by which such participant's annuity would have been 
        reduced had the election been continuously in effect since the 
        annuity commenced, plus interest computed under paragraph (2).
        ``(2) For the purposes of paragraph (1), the annual rate of 
    interest shall be 6 percent for each year during which the annuity 
    would have been reduced if the election had been in effect on and 
    after the date the annuity commenced.
    ``(c) Offset.--If the participant does not make the deposit referred 
to in subsection (b)(1)(C), the Secretary of State shall collect such 
amount by offset against such participant's annuity, up to a maximum of 
25 percent of the net annuity otherwise payable to such participant. 
Such participant is deemed to consent to such offset.
    ``(d) Notice.--The Secretary of State shall provide for notice to 
the general public of the right to make an election under this section.
    ``(e) Proof of Attempted Election.--In any case in which subsection 
(a)(2) applies, the retired employee or Member shall provide the 
Secretary of State with such documentation as the Secretary of State 
shall decide is appropriate, to show that such participant attempted to 
elect a reduced annuity with survivor benefit for his or her current 
spouse and that such election was rejected by the Secretary of State 
because it was untimely filed.
    ``(f) Deposit.--A deposit required by this subsection may be made by 
the surviving spouse of the participant.
    ``(g) Limitation.--The election authorized in subsection (a) may 
only be made within one year after the date of enactment of this title 
[Jan. 8, 1988] in accordance with procedures prescribed by the Secretary 
of State.
    ``(h) Definitions.--For the purposes of this section, the terms 
`participant' and `surviving spouse' have the same meaning given such 
terms in subchapter I of chapter 8 of the Foreign Service Act of 1980 
[this part].''

                  Section Referred to in Other Sections

    This section is referred to in sections 4009, 4010, 4047, 4048, 
4049, 4050, 4051, 4052, 4053, 4054, 4055, 4056, 4063, 4066, 4069a, 
4069a-1, 4069b, 4069b-1, 4159 of this title; title 5 section 5545a.
