
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: 22USC4053]

 
               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. 4053. Reassignment and retirement of former Presidential 
        appointees
        

(a) Reassignment or retirement of participants not eligible for 
        retirement

    A participant, who completes an assignment under section 3942(b) of 
this title in a position to which the participant was appointed by the 
President, and is not otherwise eligible for retirement--
        (1) shall be reassigned within 90 days after the termination of 
    such assignment and any period of authorized leave, or
        (2) if the Secretary of State determines that reassignment is 
    not in the interest of the Foreign Service, shall be retired from 
    the Service and receive retirement benefits in accordance with 
    section 4046 or 4071d of this title, as appropriate.

(b) Retirement of participants eligible for retirement

    A participant who completes an assignment under section 3942(b) of 
this title in a position to which the participant was appointed by the 
President and is eligible for retirement and is not reassigned within 90 
days after the termination of such assignment and any period of 
authorized leave, shall be retired from the Service and receive 
retirement benefits in accordance with section 4046 of this title or 
section 4071d of this title, as appropriate.

(c) Retirement of reemployed participants

    A participant who is retired under subsection (a)(2) of this section 
and is subsequently employed by the United States Government, 
thereafter, shall be eligible to retire only under the terms of the 
applicable retirement system.

(Pub. L. 96-465, title I, Sec. 813, Oct. 17, 1980, 94 Stat. 2113; Pub. 
L. 102-138, title I, Sec. 149, Oct. 28, 1991, 105 Stat. 670; Pub. L. 
103-236, title I, Sec. 174, Apr. 30, 1994, 108 Stat. 413.)


                               Amendments

    1994--Pub. L. 103-236 added subsecs. (a) to (c) and struck out 
former subsecs. (a) to (c) which read as follows:
    ``(a) Except as provided under subsection (b) of this section, a 
participant, who completes an assignment under section 3942(b) of this 
title in a position to which he or she was appointed by the President, 
shall be offered reassignment within 90 days after the termination of 
such assignment and any period of authorized leave.
    ``(b) Subsection (a) of this section shall not apply with respect to 
a participant, if the Secretary of State determines that reassignment of 
the participant is not in the interest of the United States and the 
Foreign Service.
    ``(c) A participant who is not reassigned under subsection (a) of 
this section shall be retired from the Service and receive retirement 
benefits in accordance with section 4046 or 4071d of this title, as 
appropriate.''
    1991--Pub. L. 102-138 inserted ``Reassignment and'' in section 
catchline and amended text generally. Prior to amendment, text read as 
follows: ``If a participant completes an assignment under section 
3942(b) of this title in a position to which he or she was appointed by 
the President and has not been reassigned within 3 months after the 
termination of such assignment (plus any period of authorized leave), 
the participant shall be retired from the Service and receive retirement 
benefits in accordance with section 4046 of this title.''

                  Section Referred to in Other Sections

    This section is referred to in sections 4046, 4047, 4071d of this 
title.
