
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: 22USC4060]

 
               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. 4060. Assignment and attachment of moneys


(a) Annuities and severance pay benefits

    (1) An individual entitled to an annuity from the Fund may make 
allotments or assignments of amounts from such annuity for such purposes 
as the Secretary of State in his or her sole discretion considers 
appropriate.
    (2) Notwithstanding section 3727 of title 31 or any other law, a 
member of the Service who is entitled to receive benefits under section 
4009(b)(1) of this title may assign to any person the whole or any part 
of those benefits. Any such assignment shall be on a form approved by 
the Secretary of the Treasury and a copy of such assignment form shall 
be deposited with the Secretary of the Treasury by the member executing 
the assignment.

(b) Participants or annuitants having former spouses

    (1)(A) In the case of any participant or annuitant who has a former 
spouse who is covered by a court order or who is a party to a spousal 
agreement--
        (i) any right of the former spouse to any annuity under section 
    4054(a) of this title in connection with any retirement or 
    disability annuity of the participant, and the amount of any such 
    annuity;
        (ii) any right of the former spouse to a survivor annuity under 
    section 4054(b) or (c) of this title, and the amount of any such 
    annuity; and
        (iii) any right of the former spouse to any payment of a lump-
    sum credit under section 4055(a) or (b) of this title;

shall be determined in accordance with that spousal agreement or court 
order, if and to the extent expressly provided for in the terms of that 
spousal agreement or court order.
    (B) This paragraph shall not apply in the case of any spousal 
agreement or court order which, as determined by the Secretary of 
State--
        (i) would provide for a survivor annuity for a spouse or any 
    former spouse of a participant with respect to which there has not 
    been an annuity reduction (or a salary reduction or payment under 
    section 4054(c)(3) of this title); or
        (ii) is otherwise inconsistent with the requirements of this 
    part.

    (2) Except with respect to obligations between participants and 
former spouses, payments under this part which would otherwise be made 
to a participant or annuitant based upon his or her service shall be 
paid (in whole or in part) by the Secretary of State to another 
individual to the extent expressly provided for in the terms of any 
order or any court decree of legal separation, or the terms of any court 
order or court-approved property settlement agreement incident to any 
court decree of legal separation.
    (3) Paragraphs (1) and (2) shall apply only to payments made under 
this part for periods beginning after the date of receipt by the 
Secretary of State of written notice of such decree, order, or 
agreement, and such additional information and such documentation as the 
Secretary of State may require.
    (4) Any payment under this subsection to an individual bars recovery 
by any other individual.
    (5) The 10-year requirement of section 4044(b)(6) of this title, or 
any other provision of this part, shall not be construed to affect the 
rights any spouse or individual formerly married to a participant or 
annuitant may have, under any law or rule of law of any State or the 
District of Columbia, with respect to an annuity of a participant or 
annuitant under this part.

(c) Applicability of other provisions of law or remedies

    None of the moneys mentioned in this part shall be assignable either 
in law or equity, except under subsection (a) or (b) of this section, or 
subject to execution, levy, attachment, garnishment, or other legal 
process, except as otherwise may be provided by Federal law.

(Pub. L. 96-465, title I, Sec. 820, Oct. 17, 1980, 94 Stat. 2120; Pub. 
L. 99-335, title IV, Sec. 402(a)(2), June 6, 1986, 100 Stat. 609.)

                          Codification

    In subsec. (a)(2), ``section 3727 of title 31'' substituted for 
``section 3477 of the Revised Statutes of the United States (31 U.S.C. 
203)'' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 
Stat. 1067, the first section of which enacted Title 31, Money and 
Finance.


                               Amendments

    1986--Subsecs. (b)(1)(B)(ii), (2), (3), (5), (c). Pub. L. 99-335 
substituted ``this part'' for ``this subchapter'' wherever appearing.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 4046, 4054, 4055, 4064, 4159 
of this title.
