
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: 22USC4056]

 
               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. 4056. Creditable service


(a) Applicability of civil service provisions

    (1) \1\ Except as otherwise specified by law, all periods of 
civilian and military and naval service, and all other periods through 
the date of final separation of a participant from the Service that the 
Secretary of State determines would be creditable toward retirement 
under the Civil Service Retirement and Disability System (as determined 
in accordance with section 8332 of title 5), shall be creditable for 
purposes of this part. Conversely, any such service performed after 
December 31, 1976, that would not be creditable under specified 
conditions under section 8332 of title 5, shall be excluded under this 
part under the same conditions.
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    \1\ See Amendment of Section note below.
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    (2) The service of an individual who first becomes a participant on 
or after October 17, 1983, without any credit under this section for 
civilian service performed prior to October 1, 1982, shall include 
credit for:
        (A) each period of military or naval service performed before 
    January 1, 1957, and
        (B) each period of military or naval service performed after 
    December 31, 1956, and before the separation on which the 
    entitlement to annuity under this part is based, only if a deposit 
    (with interest if any is required) is made with respect to that 
    period, as provided in section 4045(e) of this title.

    (3) The service of an individual who first became a participant on 
or after October 17, 1983, with credit under this section for civilian 
service performed prior to October 1982, shall include credit for each 
period of military or naval service performed before the date of the 
separation on which the entitlement to an annuity under this part is 
based, subject, in the case of military or naval service performed after 
December 1956, to subsection (j) of this section.
    (4) The service of an individual who first became a participant 
before October 17, 1983, shall include credit for each period of 
military or naval service performed before the date of the separation on 
which the entitlement to an annuity under this part is based, subject, 
in the case of military or naval service performed after December 1976, 
to subsection (j) of this section.

(b) Unused sick leave credit

    In computing any annuity under this part, the total service of a 
participant who retires on an immediate annuity or who dies leaving a 
survivor or survivors entitled to annuity includes (without regard to 
the 35-year limitation imposed by section 4046(a) of this title) the 
days of unused sick leave to the credit of the participant, except that 
these days shall not be counted in determining average basic salary or 
annuity eligibility under this part. A contribution to the Fund shall 
not be required from a participant for this service credit.

(c) Service with other Government agency when on approved leave without 
        pay; arrangement for payment of retirement deductions and agency 
        contributions; special contribution

    (1) A participant who enters on approved leave without pay to serve 
as a full-time officer or employee of an organization composed primarily 
of Government employees may, within 60 days after entering on that leave 
without pay, file with the employing agency an election to receive full 
retirement credit for such periods of leave without pay and arrange to 
pay concurrently into the Fund through the employing agency, amounts 
equal to the retirement deductions and agency contributions on the 
Foreign Service salary rate that would be applicable if the participant 
were in a pay status. If the election and all payments provided by this 
subsection are not made for the periods of such leave without pay 
occurring after November 7, 1976, the participant may not receive any 
credit for such periods of leave without pay occurring after such date.
    (2) A participant may make a special contribution for any period or 
periods of approved leave without pay while serving before November 7, 
1976, as a full-time officer or employee of an organization composed 
primarily of Government employees. Any such contribution shall be based 
upon the suspended Foreign Service salary rate and shall be computed in 
accordance with section 4045 of this title. A participant who makes such 
contributions shall be allowed full retirement credit for the period or 
periods of leave without pay. If this contribution is not made, up to 6 
months' retirement credit shall be allowed for such periods of leave 
without pay each calendar year.

(d) Special contribution in repayment of refund of retirement 
        contributions

    \2\ A participant who has received a refund of retirement 
contributions (which has not been repaid) under this or any other 
retirement system for Government employees covering service which may be 
creditable may make a special contribution for such service under 
section 4045 of this title. Credit may not be allowed for service 
covered by the refund unless the special contribution is made.
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    \2\ See Amendment of Section note below.
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(e) Civilian service under other Government retirement system

    No credit in annuity computation shall be allowed for any period of 
civilian service for which a participant made retirement contributions 
to another retirement system for Government employees unless--
        (1) the right to any annuity under the other system which is 
    based on such service is waived, and
        (2) a special contribution is made under section 4045 of this 
    title covering such service.

(f) Service in military during period of war or national emergency

    A participant who during a period of war, or national emergency 
proclaimed by the President or declared by the Congress, leaves the 
Service to enter the military service is deemed, for the purpose of this 
part, as not separated from the Service unless the participant applies 
for and receives a lump-sum payment under section 4055 of this title. 
However, the participant is deemed to be separated from the Service 
after the expiration of 5 years of such military service.

(g) Recomputation of annuity for participants of Japanese ancestry 
        interned during World War II

    (1) An annuity or survivor annuity based on the service of a 
participant of Japanese ancestry who would be eligible under section 
8332(l) of title 5, for credit for civilian service for periods of 
internment during World War II shall, upon application to the Secretary 
of State, be recomputed to give credit for that service. Any such 
recomputation of an annuity shall apply with respect to months beginning 
more than 30 days after the date on which application for such 
recomputation is received by the Secretary of State.
    (2) The Secretary of State shall take such action as may be 
necessary and appropriate to inform individuals entitled to have any 
service credited or annuity recomputed under this subsection of their 
entitlement to such credit or recomputation.
    (3) The Secretary of State shall, on request, assist any individual 
referred to in paragraph (1) in obtaining from any agency or other 
Government establishment information necessary to verify the entitlement 
of the individual to have any service credited or any annuity recomputed 
under this subsection.
    (4) Any agency or other Government establishment shall, upon 
request, furnish to the Secretary of State any information it possesses 
with respect to the internment or other detention, as described in 
section 8332(l) of title 5, of any participant.

(h) Service as employees of Member or office of Congress while on 
        approved leave without pay

    A participant who, while on approved leave without pay, serves as a 
full-time paid employee of a Member or office of the Congress shall 
continue to make contributions to the Fund based upon the Foreign 
Service salary rate that would be in effect if the participant were in a 
pay status. The participant's employing office in the Congress shall 
make a matching contribution (from the appropriation or fund which is 
used for payment of the salary of the participant) to the Treasury of 
the United States to the credit of the Fund. All periods of service for 
which full contributions to the Fund are made under this subsection 
shall be counted as creditable service for purposes of this part and 
shall not, unless all retirement credit is transferred, be counted as 
creditable service under any other Government retirement system.

(i) Former spouses

    (1) Service of a participant shall be considered creditable service 
for purposes of applying provisions of this part relating to former 
spouses if such service would be creditable--
        (A) under subsection (c)(1) or (2) of this section but for the 
    fact an election was not made under subsection (c)(1) of this 
    section or a special contribution was not made under subsection 
    (c)(2) of this section, and
        (B) under subsection (d) of this section but for the fact that a 
    refund of contributions has not been repaid unless the former spouse 
    received under this part a portion of the lump sum (or a spousal 
    agreement or court order provided otherwise).

    (2) A former spouse shall not be considered as married to a 
participant for periods assumed to be creditable service under section 
4048(a) of this title or section 4049(e) of this title.

(j) Redetermination of credit for military and naval service

    (1) Except as otherwise provided by statute or Executive Order, 
section 8332(j) of title 5, relating to redetermination of credit for 
military and naval service, shall be applied to annuities payable under 
this part. The Secretary of State shall redetermine service, and may 
request and obtain information from the Secretary of Health and Human 
Services, as the Office of Personnel Management is directed or 
authorized to do in section 8332(j).
    (2) Section 8332(j) of title 5 shall not apply with respect to:
        (A) the service of any individual who first became a participant 
    on or after October 17, 1983, without any credit under this section 
    for civilian service performed prior to October 1982; or
        (B) any military or naval service performed prior to 1957 by an 
    individual who first became a participant on or after October 17, 
    1983, with credit under this section for civilian service performed 
    prior to October 1982, or any period of military or naval service 
    performed after 1956 with respect to which the participant has made 
    a contribution (with interest if any is required) under section 
    4045(e) of this title; or
        (C) any military or naval service performed prior to 1977 by any 
    individual who first became a participant before October 17, 1983, 
    or any period of military or naval service performed after 1976 with 
    respect to which the participant has made a contribution (with 
    interest if any is required) under section 4045(e) of this title.

(Pub. L. 96-465, title I, Sec. 816, Oct. 17, 1980, 94 Stat. 2118; Ex. 
Ord. No. 12446, Sec. 4(b), (c), Oct. 17, 1983, 48 F.R. 48444, 48445; 
Pub. L. 99-335, title IV, Sec. 402(a)(2), June 6, 1986, 100 Stat. 609; 
Pub. L. 101-246, title I, Sec. 145(a), Feb. 16, 1990, 104 Stat. 36.)

                          Amendment of Section

        Section 5 of Ex. Ord. No. 12446, Oct. 17, 1983, 48 F.R. 48445, 
    set out as a note under section 4067 of this title, provided that:

    ``(a) Section 816(a) of the Act (22 U.S.C. 4056(a)) is deemed to be 
further amended so that the provisions of section 8332(j) of Title 5 of 
the United States Code, relating to credit for military service, shall 
not apply with respect to any individual who is entitled to an annuity 
under such Act [this chapter] on or before the date of approval of this 
Order [Oct. 17, 1983], or who is entitled to an annuity based on a 
separation from service occurring on or before such date.
    ``(b) Subject to subsection (c), in any case in which an individual 
described in subsection (a) is also entitled to old-age or survivors 
insurance benefits under section 202 of the Social Security Act [42 
U.S.C. 402] (or would be entitled to such benefits upon filing 
application therefor), the amount of the annuity to which such 
individual is entitled under chapter 8 of the Act [this subchapter] 
(after taking into account subsection (a)) which is payable for any 
month shall be reduced by an amount determined by multiplying the amount 
of such old-age or survivors insurance benefit for the determination 
month by a fraction--

         ``(1) the numerator of which is the total of the wages (within 
      the meaning of section 209 of the Social Security Act [42 U.S.C. 
      409]) for service referred to in section 210(1) of such Act [42 
      U.S.C. 410] (relating to service in the uniformed services) and 
     deemed additional wages (within the meaning of section 229 of such 
      Act [42 U.S.C. 429]) of such individual credited for years after 
     1956 and before the calendar year in which the determination month 
      occurs, up to the contribution and benefit base determined under 
      section 230 of the Social Security Act [42 U.S.C. 430] (or other 
    applicable maximum annual amount referred to in section 215(e)(1) of 
           such Act [42 U.S.C. 415(e)(1)]) for each such year, and

        ``(2) the denominator of which is the total of all wages deemed 
    additional wages described in paragraph (1) of this subsection plus 
      all other wages (within the meaning of section 209 of the Social 
    Security Act [42 U.S.C. 409]) and all self-employment income (within 
      the meaning of section 211(b) of such Act [42 U.S.C. 411(b)]) of 
        such individual credited for years after 1936 and before the 
      calendar year in which the determination month occurs, up to the 
     contribution and benefit base (or such other amount referred to in 
     such section 215(e)(1) of such Act [42 U.S.C. 415(e)(1)]) for each 
                                 such year.

    ``(c) Subsection (b) shall not reduce the annuity of any individual 
below the amount of the annuity which would be payable under chapter 8 
of the Act [this subchapter] to the individual for the determination 
month if section 8332(j) of Title 5 of the United States Code applied to 
the individual for such month.
    ``(d) For purposes of this section, the term `determination month' 
means--

        ``(1) the first month the individual described in subsection (a) 
    is entitled to old-age or survivors insurance benefits under section 
    202 of the Social Security Act [42 U.S.C. 402] (or would be entitled 
           to such benefits upon filing application therefor); or

         ``(2) the first day of the month following the month in which 
     this Order is issued [Oct. 1983] in the case of any individual so 
                  entitled to such benefits for such month.

    ``(e) The preceding provisions of this section shall take effect 
with respect to any annuity payment payable under chapter 8 of the Act 
[this subchapter] for calendar months beginning after the date of this 
Order [Oct. 17, 1983].
    ``(f) The Secretary of Health and Human Services shall furnish such 
information to the Secretary of State as may be necessary to carry out 
the preceding provisions of this section.''

        Section 1(b) and (c) of Ex. Ord. No. 12446 provided that 
    subsection (d) 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 subsec. (a) of this section 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.


                               Amendments

    1990--Subsec. (i)(2). Pub. L. 101-246 amended par. (2) generally. 
Prior to amendment, par. (2) read as follows: ``A former spouse shall 
not be considered as married to a participant--
        ``(A) for periods assumed to be creditable service under section 
    4048(a) of this title or section 4049(e) of this title, or
        ``(B) for any extra period of creditable service provided under 
    section 4057 of this title for service of a participant at an 
    unhealthful post unless the former spouse resided with the 
    participant at that post during that period.''
    1986--Subsecs. (a), (b), (f), (h), (i)(1), (j)(1). Pub. L. 99-335 
substituted ``part'' for ``subchapter'' wherever appearing.
    1983--Subsec. (a). Ex. Ord. No. 12446, Sec. 4(b), designated 
existing provisions as par. (1) and added pars. (2) to (4).
    Subsec. (j). Ex. Ord. No. 12446, Sec. 4(c), added subsec. (j).


                    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 section 4 of Ex. Ord. No. 12446 effective Oct. 17, 
1983, see section 4(e) of Ex. Ord. No. 12446, set out under section 4067 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 2504, 4044, 4045, 4046, 
4055, 4063 of this title.
