
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: 22USC4047]

 
               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. 4047. Payment of annuity


(a) Commencement of annuity

    (1) Except as otherwise provided in paragraph (2), the annuity of a 
participant who has met the eligibility requirements for an annuity 
shall commence on the first day of the month after--
        (A) separation from the Service occurs; or
        (B) pay ceases and the service and age requirements for 
    entitlement to annuity are met.

    (2) The annuity of--
        (A) a participant who is retired and is eligible for benefits 
    under section 4009(a) of this title or a participant who is retired 
    under section 4053 of this title or is otherwise involuntarily 
    separated from the Service, except by removal for cause on charges 
    of misconduct or delinquency,
        (B) a participant retiring under section 4048 of this title due 
    to a disability, and
        (C) a participant who serves 3 days or less in the month of 
    retirement--

shall commence on the day after separation from the Service or the day 
after pay ceases and the requirements for entitlement to annuity are 
met.

(b) Survivor's annuity; application; proof of eligibility; payment to 
        estate

    The annuity to a survivor shall become effective as otherwise 
specified but shall not be paid until the survivor submits an 
application for such annuity, supported by such proof of eligibility as 
the Secretary of State may require. If such application or proof of 
eligibility is not submitted during the lifetime of an otherwise 
eligible individual, no annuity shall be due or payable to his or her 
estate.

(c) Waiver

    An individual entitled to annuity from the Fund may decline to 
accept all or any part of the annuity by submitting a signed waiver to 
the Secretary of State. The waiver may be revoked in writing at any 
time. Payment of the annuity waived may not be made for the period 
during which the waiver was in effect.

(d) Recovery of overpayment

    Recovery of overpayments under this part may not be made from an 
individual when, in the judgment of the Secretary of State, the 
individual is without fault and recovery would be against equity and 
good conscience or administratively infeasible.

(e) Alternate forms of annuities

    (1) The Secretary of State shall prescribe regulations under which 
any participant who has a life-threatening affliction or other critical 
medical condition may, at the time of retiring under this part (other 
than under section 4048 of this title), elect annuity benefits under 
this section instead of any other benefits under this part (including 
survivor benefits) based on the service of the participant.
    (2) Subject to paragraph (3), the Secretary of State shall by 
regulation provide for such alternative forms of annuities as the 
Secretary considers appropriate, except that among the alternatives 
offered shall be--
        (A) an alternative which provides for--
            (i) payment of the lump-sum credit (excluding interest) to 
        the participant; and
            (ii) payment of an annuity to the participant for life; and

        (B) in the case of a participant who is married at the time of 
    retirement, an alternative which provides for--
            (i) payment of the lump-sum credit (excluding interest) to 
        the participant; and
            (ii) payment of an annuity to the participant for life, with 
        a survivor annuity payable for the life of a surviving spouse.

    (3) Each alternative provided for under paragraph (2) shall, to the 
extent practicable, be designed such that the total value of the 
benefits provided under such alternative (including any lump-sum credit) 
is actuarially equivalent to the value of the annuity which would 
otherwise be provided the participant under this part, as computed under 
section 4046(a) of this title.
    (4) A participant who, at the time of retiring under this part--
        (A) is married, shall be ineligible to make an election under 
    this section unless a waiver is made under section 4046(b)(1)(B) of 
    this title; or
        (B) has a former spouse, shall be ineligible to make an election 
    under this section if the former spouse is entitled to benefits 
    under this part (based on the service of the participant) unless a 
    waiver has been made under section 4046(b)(1)(C) of this title.

    (5) A participant who is married at the time of retiring under this 
part and who makes an election under this section may, during the 18-
month period beginning on the date of retirement, make the election 
provided for under section 4046(n) of this title, subject to the deposit 
requirement thereunder.
    (6) Notwithstanding any other provision of law, any lump-sum credit 
provided pursuant to an election under this subsection shall not 
preclude an individual from receiving any other benefits under this 
subsection.

(Pub. L. 96-465, title I, Sec. 807, Oct. 17, 1980, 94 Stat. 2109; Ex. 
Ord. No. 12446, Sec. 3(a), Oct. 17, 1983, 48 F.R. 48443; Pub. L. 99-335, 
title IV, Secs. 402(a)(2), 408, June 6, 1986, 100 Stat. 609, 612; Pub. 
L. 103-66, title XI, Sec. 11002(b), Aug. 10, 1993, 107 Stat. 409.)


                               Amendments

    1993--Subsec. (e)(1). Pub. L. 103-66 substituted ``any participant 
who has a life-threatening affliction or other critical medical 
condition'' for ``a participant''.
    1986--Subsec. (d). Pub. L. 99-335, Sec. 402(a)(2), substituted 
``part'' for ``subchapter''.
    Subsec. (e). Pub. L. 99-335, Sec. 408, added subsec. (e).
    1983--Subsec. (a). Ex. Ord. No. 12446 amended subsec. (a) generally. 
Prior to amendment, subsec. (a) read as follows: ``Except as otherwise 
provided, the annuity of a former participant who has met the 
eligibility requirements for an annuity shall commence on the day after 
separation from the Service or on the day after pay ceases. The annuity 
of a former participant who is entitled to a deferred annuity under this 
chapter shall become effective on the day he or she attains age 60.''


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-66 effective Oct. 1, 1994, and applicable 
with respect to any annuity commencing on or after that date, see 
section 11002(d) of Pub. L. 103-66, set out as a note under section 
8343a of Title 5, Government Organization and Employees.


                    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 of 1983 Amendment

    Amendment by Ex. Ord. No. 12446 effective 30 days after Oct. 17, 
1983, see section 3(b) of Ex. Ord. No. 12446, set out under section 4067 
of this title.
