
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: 22USC4064]

 
               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. 4064. Reemployment


(a) Termination of annuity; coverage under same retirement system or 
        another contributory retirement system; rights and benefits

    (1)(A) \1\ Except in the case of an annuitant who makes an election 
under subsection (b) of this section or in the case of a waiver under 
subsection (g) of this section, if any former participant, who has 
retired and is receiving an annuity under this part or part II of this 
subchapter, becomes employed in an appointive or elective position in 
the Government, payment of any annuity under either part to the 
annuitant shall terminate effective on the date of the employment and 
the reemployment service shall be covered service under the rules of the 
system under which the appointment is made.
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    \1\ So in original. No par. (2) has been enacted.
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    (B) If the annuity of an individual is terminated under subparagraph 
(A) and that individual becomes covered under the same retirement system 
from which that annuity is terminated, that individual shall be entitled 
to a redetermination of rights under that system upon termination of the 
employment.
    (C) If the annuity is terminated and the individual becomes covered 
under another contributory retirement system for Government employees 
pursuant to paragraph (A), the individual shall be entitled to benefits 
under the rules of that system. In addition, the individual shall be 
entitled to a resumption of any annuity terminated by reason of the 
employment.

(b) Part-time, intermittent, or temporary employment; election to 
        continue receiving annuity; reduction in amount of annuity; 
        resumption of full annuity

    (1) A participant who is entitled to an annuity under this part or 
part II of this subchapter and becomes employed in an appointive or 
elective position in the Government on a part-time, intermittent, or 
temporary basis may elect to continue to receive either or both 
annuities as provided in this subsection.
    (2) The total annuity payable under this subchapter to an annuitant 
making an election under paragraph (1) shall be reduced during the part-
time, intermittent, or temporary employment referred to in paragraph (1) 
as necessary to meet the requirements of paragraph (3).
    (3)(A) The sum of--
        (i) the total annuity payable under this subchapter to an 
    annuitant making an election under paragraph (1), and
        (ii) the annual rate of pay payable to the annuitant during the 
    part-time, intermittent, or temporary employment referred to in 
    paragraph (1),

may not exceed, in any calendar year, the amount described in 
subparagraph (B).
    (B) The amount referred to in subparagraph (A) is the greater of--
        (i) the highest annual rate of basic pay which is payable during 
    such year for full-time employment in the position in which the 
    annuitant is employed, or
        (ii) the basic pay the annuitant was entitled to receive under 
    this chapter on the date of retirement from the Service.

    (C) For purposes of this section, the term ``annuity'' means the 
annuity earned by the reemployed member based on his or her service 
irrespective of whether or not the amount payable is reduced by the 
amount of an annuity payable under section 4054 or 4060(b) of this 
title.
    (4) Upon termination of the part-time, intermittent, or temporary 
employment referred to in paragraph (1), payment of the full annuity of 
an annuitant who has made an election under paragraph (1) of this 
subsection shall resume.

(c) Amount of annuity on resumption; amount resulting from 
        redetermination of rights

    The amount of annuity which has been terminated or reduced under 
this section by reason of the reemployment of the annuitant and is 
resumed under this section shall be the amount of the annuity which 
would have been payable if the annuitant had not accepted the 
reemployment. The amount of an annuity resulting from a redetermination 
of rights pursuant to subsection (a) of this section shall not be less 
than the amount of an annuity resumed under the previous sentence.

(d) Annuity rights to be determined under this section

    The annuity rights of any participant who is reemployed in the 
Government shall be determined under this section instead of section 
8468 of title 5.

(e) Notice; direct payment of salary

    When any such retired participant is reemployed, the employer shall 
send a notice of such reemployment to the Secretary of State, together 
with all pertinent information relating to such employment, and shall 
pay directly to such participant the salary of the position in which he 
or she is serving.

(f) Recovery of overpayment

    In the event of any overpayment under this section, such overpayment 
shall be recovered by withholding the amount involved from the salary 
payable to such reemployed participant or from any other moneys, 
including annuity payments, payable under this subchapter.

(g) Waiver

    The Secretary of State may waive the application of the paragraphs 
(a) through (d) of this section, on a case-by-case basis, for an 
annuitant reemployed on a temporary basis, but only if, and for so long 
as, the authority is necessary due to an emergency involving a direct 
threat to life or property or other unusual circumstances.

(h) Effects of waiver

    A reemployed annuitant as to whom a waiver under subsection (g) of 
this section is in effect shall not be considered a participant for 
purposes of this part or part II of this subchapter, or an employee for 
purposes of chapter 83 or 84 of title 5.

(Pub. L. 96-465, title I, Sec. 824, Oct. 17, 1980, 94 Stat. 2122; Pub. 
L. 99-335, title IV, Secs. 402(a)(2), 410, June 6, 1986, 100 Stat. 609, 
613; Pub. L. 99-556, title IV, Sec. 403, Oct. 27, 1986, 100 Stat. 3136; 
Pub. L. 105-277, div. C, title I, Sec. 103, Oct. 21, 1998, 112 Stat. 
2681-585.)


                               Amendments

    1998--Pub. L. 105-277, which directed amendment of section 824 of 
the Foreign Service Act, in subsec. (a)(1)(A), by inserting ``or in the 
case of a waiver under subsection (g) of this section'' after 
``subsection (b) of this section'', and by adding subsecs. (g) and (h), 
was executed to this section, which is section 824 of the Foreign 
Service Act of 1980, to reflect the probable intent of Congress.
    1986--Subsec. (a). Pub. L. 99-335, Sec. 410, amended subsec. (a) 
generally. Prior to amendment, subsec. (a) read as follows: 
``Notwithstanding any other law, any member of the Service who has 
retired and is receiving an annuity under this part, and who is 
reemployed in the Government service in any part-time or full-time 
appointive position, shall be entitled to receive the salary of the 
position in which he or she is serving plus so much of the annuity 
payable under this part which when combined with such salary does not 
exceed during any calendar year the basic salary the member was entitled 
to receive under this chapter on the date of retirement from the 
Service. Any such reemployed member of the Service who receives salary 
during any calendar year in excess of the maximum amount which he or she 
may be entitled to receive under this subsection shall be entitled to 
such salary in lieu of benefits under this part.''
    Pub. L. 99-335, Sec. 402(a)(2), substituted ``this part'' for ``this 
subchapter'' in three places.
    Subsec. (b). Pub. L. 99-335, Sec. 410, amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows: ``When any 
such retired member of the Service is reemployed, the employer shall 
send a notice of such reemployment to the Secretary of State, together 
with all pertinent information relating to such employment, and shall 
pay directly to such member the salary of the position in which he or 
she is serving.''
    Subsec. (b)(3). Pub. L. 99-556, Sec. 403, amended par. (3) 
generally. Prior to amendment, par. (3) read as follows: ``The sum of--
        ``(A) the total annuity payable under this subchapter to an 
    annuitant making an election under paragraph (1), and
        ``(B) the annual rate of pay payable to the annuitant during the 
    part-time, intermittent, or temporary employment referred to in 
    paragraph (1),
may not exceed, in any calendar year, the highest annual rate of pay 
which is payable during such year for full-time employment in the 
position in which the annuitant is employed.''
    Subsec. (c). Pub. L. 99-335, Sec. 410, amended subsec. (c) 
generally. Prior to amendment, subsec. (c) read as follows: ``In the 
event of any overpayment under this section, such overpayment shall be 
recovered by withholding the amount involved from the salary payable to 
such reemployed member of the Service or from any other moneys, 
including annuity payments, payable under this part.''
    Pub. L. 99-335, Sec. 402(a)(2), substituted ``this part'' for ``this 
subchapter''.


                    Effective Date of 1986 Amendments

    Amendment by Pub. L. 99-556 effective Jan. 1, 1987, and applicable 
to any individual in a reemployed status on or after that date, see 
section 408 of Pub. L. 99-556, set out as a note under section 4046 of 
this title.
    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 2512, 4054, 4063 of this 
title.
