
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: 22USC4048]

 
               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. 4048. Retirement for disability or incapacity


(a) Causes; service credit

    Any participant who has at least 5 years of service credit toward 
retirement under the System (excluding military and naval service) and 
who becomes totally disabled or incapacitated for useful and efficient 
service by reason of disease, illness, or injury (not due to vicious 
habits, intemperance, or willful conduct of the participant) shall, upon 
his or her own application or upon order of the Secretary, be retired on 
an annuity computed as prescribed in section 4046 of this title. If the 
disabled or incapacitated participant has less than 20 years of service 
credit toward retirement under the System at the time of retirement, his 
or her annuity shall be computed on the assumption that the participant 
has had 20 years of service, except that the additional service credit 
that may accrue to a participant under this sentence shall in no case 
exceed the difference between his or her age at the time of retirement 
and age 60.
    However, if a participant retiring under this section is receiving 
retired pay or retainer pay for military service (except that specified 
in section 8332(c)(1) or (2) of title 5) or Department of Veterans 
Affairs pension or compensation in lieu of such retired or retainer pay, 
the annuity of that participant shall be computed under this part 
excluding extra credit authorized by this subsection and excluding 
credit for military service from that computation. If the amount of the 
annuity so computed, plus the retired or retainer pay which is received, 
or which would be received but for the application of the limitation in 
section 5532 \1\ of title 5 or the Department of Veterans Affairs 
pension or compensation in lieu of such retired pay or retainer pay, is 
less than the annuity that would be payable under this part in the 
absence of the previous sentence, an amount equal to the difference 
shall be added to the annuity computed under this part.
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    \1\ See References in Text note below.
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(b) Physical examination; reinstatement or reappointment upon recovery; 
        fees and expenses; duration and suspension of annuity

    Before being retired under this section, the participant shall be 
given a physical examination by one or more duly qualified physicians or 
surgeons designated by the Secretary of State to conduct examinations. 
Disability or incapacity shall be determined by the Secretary of State 
on the basis of the advice of such physicians or surgeons. Unless the 
disability or incapacity is permanent, like examinations shall be made 
annually until the annuitant has attained age 60. If the Secretary of 
State determines on the basis of the advice of one or more duly 
qualified physicians or surgeons conducting such examinations that an 
annuitant has recovered to the extent that he or she can return to duty, 
the annuitant may apply for reinstatement or reappointment in the 
Service within 1 year from the date recovery is determined. Upon 
application, the Secretary shall reinstate such recovered annuitant in 
the class in which the annuitant was serving at time of retirement, or 
the Secretary may, taking into consideration the age, qualifications, 
and experience of such annuitant, and the present class of his or her 
contemporaries in the Service, appoint or recommend that the President 
appoint the annuitant to a higher class. Payment of the annuity shall 
continue until a date 6 months after the date of the examination showing 
recovery or until the date of reinstatement or reappointment in the 
Service, whichever is earlier. Fees for examinations under this section, 
together with reasonable traveling and other expenses incurred in order 
to submit to examination, shall be paid out of the Fund. If the 
annuitant fails to submit to examination as required under this 
subsection, payment of the annuity shall be suspended until continuance 
of the disability or incapacity is satisfactorily established.

(c) Benefits upon discontinuance of annuity

    If a recovered annuitant whose annuity is discontinued is for any 
reason not reinstated or reappointed in the Service, he or she shall be 
considered to have been separated within the meaning of section 4050 of 
this title as of the date of retirement for disability or incapacity and 
shall, after the discontinuance of the annuity, be entitled to the 
benefits of that section or of section 4055 of this title, except that 
he or she may elect voluntary retirement if eligible under section 4051 
of this title.

(d) Election of benefits; concurrent benefits allowed

    No participant shall be entitled to receive an annuity under this 
part and compensation for injury or disability to himself or herself 
under subchapter I of chapter 81 of title 5, covering the same period of 
time, except that a participant may simultaneously receive both an 
annuity under this section and scheduled disability payments under 
section 8107 of title 5. This subsection shall not bar the right of any 
claimant to the greater benefit conferred by either this part or 
subchapter I of such chapter 8 \2\ for any part of the same period of 
time. Neither this subsection nor any provision of subchapter I of such 
chapter 8 \2\ shall be construed to deny the right of any participant to 
receive an annuity under this part and to receive concurrently any 
payment under subchapter I of such chapter 8 \2\ by reason of the death 
of any other individual.
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    \2\ So in original. Probably should be chapter ``81''.
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(e) Lump sum disability payments

    Notwithstanding any other law, the right of any individual entitled 
to an annuity under this part shall not be affected because such person 
has received an award of compensation in a lump sum under section 8135 
of title 5, except that where such annuity is payable on account of the 
same disability for which compensation under such section has been paid, 
so much of such compensation as has been paid for any period extended 
beyond the date such annuity becomes effective, as determined by the 
Secretary of Labor, shall be refunded to the Department of Labor, to be 
paid into the Federal Employees' Compensation Fund. Before such 
individual receives such annuity, he or she shall--
        (1) refund to the Department of Labor the amount representing 
    such commuted payments for such extended period, or
        (2) authorize the deduction of such amount from the annuity 
    payable under this part, which amount shall be transmitted to the 
    Department of Labor for reimbursement to such Fund.

Deductions from such annuity may be made from accrued and accruing 
payments, or may be prorated against and paid from accruing payments in 
such manner as the Secretary of Labor shall determine, whenever the 
Secretary of Labor finds that the financial circumstances of the 
annuitant warrant deferred refunding.

(f) Time of filing application; waiver

    A claim may be allowed under this section only if the application is 
filed with the Secretary of State before the participant is separated 
from the Service or within one year thereafter. This time limitation may 
be waived by the Secretary of State for a participant who at the date of 
separation from the Service or within one year thereafter is mentally 
incompetent, if the application is filed with the Secretary of State 
within one year from the date of restoration of the participant to 
competency or the appointment of a fiduciary, whichever is earlier.

(Pub. L. 96-465, title I, Sec. 808, Oct. 17, 1980, 94 Stat. 2110; Ex. 
Ord. No. 12289, Sec. 2, Feb. 14, 1981, 46 F.R. 12693; Pub. L. 99-335, 
title IV, Sec. 402(a)(2), (b), June 6, 1986, 100 Stat. 609; Pub. L. 100-
238, title II, Sec. 215(a), Jan. 8, 1988, 101 Stat. 1774; Pub. L. 102-
54, Sec. 13(h)(2), June 13, 1991, 105 Stat. 275.)

                       References in Text

    Section 5532 of title 5, referred to in subsec. (a), was repealed by 
Pub. L. 106-65, div. A, title VI, Sec. 651(a)(1), Oct. 5, 1999, 113 
Stat. 664.


                               Amendments

    1991--Subsec. (a). Pub. L. 102-54 substituted ``Department of 
Veterans Affairs'' for ``Veterans' Administration'' in two places in 
second par.
    1988--Subsecs. (a), (b). Pub. L. 100-238 substituted ``60'' for 
``65''.
    1986--Subsec. (a). Pub. L. 99-335, Sec. 402(a)(2), substituted 
``part'' for ``subchapter'' in three places.
    Subsec. (d). Pub. L. 99-335, Sec. 402(b)(1), substituted 
``subchapter I of such chapter 8'' for ``such subchapter'' in three 
places and ``part'' for ``chapter'' in three places.
    Subsec. (e). Pub. L. 99-335, Sec. 402(b)(2), substituted ``part'' 
for ``chapter'' in two places.
    1981--Subsec. (a). Ex. Ord. No. 12289 added second par. relating to 
computation of annuity for participant retiring under this section and 
receiving retired or retainer pay.


                    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 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 1981 Amendment

    Amendment by Ex. Ord. No. 12289 effective Feb. 15, 1981, see section 
3 of Ex. Ord. No. 12289, set out under section 4067 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 4046, 4047, 4056, 4071h of 
this title; title 26 section 104.
