
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: 22USC4067]

 
               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. 4067. Compatibility between retirement systems


(a) Civil Service and Foreign Service Retirement Systems

    In order to maintain existing conformity between the Civil Service 
Retirement and Disability System under subchapter III of chapter 83 of 
title 5, and the Foreign Service Retirement and Disability System, 
whenever a law of general applicability is enacted which--
        (1) affects the treatment of current or former participants, 
    annuitants, or survivors under the Civil Service Retirement and 
    Disability System; and
        (2) affects treatment which, immediately prior to the enactment 
    of such law, was substantially identical to the treatment accorded 
    to participants, former participants, annuitants, or survivors under 
    the Foreign Service Retirement and Disability System;

such law shall be extended in accordance with subsection (b) of this 
section to the Foreign Service Retirement and Disability System so that 
it applies in like manner with respect to participants, former 
participants, annuitants, or survivors under that System.

(b) Regulations to implement prescribed by Executive order

    The President shall by Executive order prescribe regulations to 
implement this section and may make such extension retroactive to a date 
no earlier than the effective date of the provision of law applicable to 
the Civil Service Retirement and Disability System. Any provision of an 
Executive order issued under this section shall modify, supersede, or 
render inapplicable, as the case may be, to the extent inconsistent 
therewith--
        (1) all provisions of law enacted prior to the effective date of 
    that provision of the Executive order, and
        (2) any prior provision of an Executive order issued under this 
    section.

(c) Federal Employees' Retirement and Foreign Service Pension Systems

    The President shall maintain, under the same conditions and in the 
same manner as provided in subsections (a) and (b) of this section 
existing conformity between the Federal Employees' Retirement System 
provided in chapter 84 of title 5 and the Foreign Service Pension System 
provided in part II of this subchapter.

(Pub. L. 96-465, title I, Sec. 827, Oct. 17, 1980, 94 Stat. 2124; Pub. 
L. 99-335, title IV, Sec. 411, June 6, 1986, 100 Stat. 614.)


                               Amendments

    1986--Subsec. (c). Pub. L. 99-335 added subsec. (c).


                    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.


Reference to Veterans' Administration Deemed Reference to Department of 
                            Veterans Affairs

    Pub. L. 102-54, Sec. 13(h)(2), June 13, 1991, 105 Stat. 275, 
provided that: ``Any reference to the Veterans' Administration in any 
regulation prescribed or Executive order issued pursuant to section 
827(a) of the Foreign Service Act of 1980 (22 U.S.C. 4067(a)) shall be 
deemed to be a reference to the Department of Veterans Affairs.''


Construction of Section With Civil Service Retirement Spouse Equity Act 
                                 of 1984

    This section not applicable with respect to either the amendments 
made by section 2 of Pub. L. 98-615 or the provisions of section 4 of 
Pub. L. 98-615 relating to equitable treatment under the Civil Service 
Retirement System for former spouses, except that, notwithstanding 
section 4(h) of Pub. L. 98-615, this section applicable with respect to 
sections 8339(j) and 8341(e) and (h) of Title 5, Government Organization 
and Employees, and section 4 (except subsec. (b)) of Pub. L. 98-615 to 
the extent that those sections apply to a qualified former wife or 
husband, see section 4069-1 of this title and section 4(h) of Pub. L. 
98-615, set out as an Effective Date of 1984 Amendment note under 
section 8341 of Title 5.


           Recommendations by Secretary of State to President

    For authority for the Secretary of State to make recommendations to 
the President through the Director of the Office of Management and 
Budget whenever action is appropriate under this section to maintain 
existing conformity between the Civil Service Retirement and Disability 
System and the Foreign Service Retirement and Disability System, see 
section 3 of Ex. Ord. No. 12293, Feb. 23, 1981, 46 F.R. 13969, set out 
as a note under section 3901 of this title.

  Ex. Ord. No. 12289. Conforming the Foreign Service and Civil Service 
                    Retirement and Disability Systems

    Ex. Ord. No. 12289, Feb. 14, 1981, 46 F.R. 12693, as amended by Pub. 
L. 102-54, Sec. 13(h)(2), June 13, 1991, 105 Stat. 275, provided:
    By the authority vested in me as President of the United States of 
America by Section 827 of the Foreign Service Act of 1980 (22 U.S.C. 
4067), and in order to conform further the Foreign Service Retirement 
and Disability System to the Civil Service Retirement and Disability 
System, it is hereby ordered as follows:
    Section 1. (a) Section 826(c) of the Foreign Service Act of 1980 (22 
U.S.C. 4066(c)) is deemed to be amended by striking out the first 
sentence of paragraph (1) thereof, and inserting in lieu thereof the 
following sentence:
        ``(1) The first increase (if any) made under this section to an 
    annuity which is payable from the Fund to a participant or to the 
    surviving spouse of a deceased participant who dies in service shall 
    be equal to the product (adjusted to the nearest \1/10\ of 1 
    percent) of--
            ``(a) \1/6\ of the applicable percent change determined 
        under Subsection (b) of this Section, multiplied by
            ``(b) the number of full months for which the annuity was 
        payable from the Fund before the effective date of the increase 
        (counting any portion of a month as a full month).''.
    Sec. 2. Section 808(a) of the Foreign Service Act of 1980 (22 U.S.C. 
4048(a)) is deemed to be amended by adding at the end thereof the 
following:
    ``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 of the United States Code) 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 chapter 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 of title 5 of the 
United States Code, 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 chapter in the absence of 
the previous sentence, an amount equal to the difference shall be added 
to the annuity computed under this chapter.''.
    Sec. 3. The amendments to be deemed made by this Order shall take 
effect as of February 15, 1981.

  Ex. Ord. No. 12446. Conforming the Foreign Service and Civil Service 
                    Retirement and Disability Systems

    Ex. Ord. No. 12446, Oct. 17, 1983, 48 F.R. 48443, provided:
    By the authority vested in me as President of the United States of 
America by Section 827 of the Foreign Service Act of 1980 (22 U.S.C. 
4067) (hereafter referred to as ``the Act'' [this chapter]), and in 
order to conform further the Foreign Service Retirement and Disability 
System to the Civil Service Retirement and Disability System, it is 
hereby ordered as follows:
    Section 1. Interest Rates, Deposits, Refunds, and Redeposits. (a) 
The second sentence of Section 805(d)(3) of the Act (22 U.S.C. 
4045(d)(3)), the first sentence of Section 815(h) (22 U.S.C. 4055(h)), 
and the first sentence of Section 825(a) (22 U.S.C. 4065(a)), are deemed 
to be amended to provide that interest shall be compounded at at the 
annual rate of 3 percent per annum through December 31, 1984, and 
thereafter at a rate equal to the overall average yield to the Fund 
during the preceding fiscal year from all obligations purchased by the 
Secretary of the Treasury during such fiscal year under section 819 [22 
U.S.C. 4059], as determined by the Secretary of the Treasury.
    (b) Sections 806(a) and 816(d) of the Act (22 U.S.C. 4046(a) and 
4056(d)) are deemed to be amended to exclude from the computation of 
creditable civilian service under section 816(a) of the Act any period 
of civilian service for which retirement deductions or contributions 
have not been made under section 805(d) [22 U.S.C. 4045] of the Act 
unless--
    (1) the participant makes a contribution for such period as provided 
in such section 805(d); or
    (2) no contribution is required for such service as provided under 
section 805(f) of the Act as deemed to be amended by this Order, or 
under any other statute.
    (c) The amendments deemed to be made by section 1 of this Order 
shall apply (i) to contributions for civilian service performed on or 
after the first day of the month following issuance of this Order [Oct. 
17, 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 the month, and (iii) to excess contributions under section 
815(h) [22 U.S.C. 4055(h)] and voluntary contributions under section 
825(a) [22 U.S.C. 4065(a)] from the first day of the month following 
issuance of this Order.
    Sec. 2. Rounding Down of Annuities. (a) Section 826(e) of the Act 
(22 U.S.C. 4066(e)) is deemed to be amended by striking out ``fixed at 
the nearest'' and inserting in lieu thereof ``rounded to the next 
lowest''.
    (b) The amendment deemed to be made by section 2(a) of this Order 
shall be effective with respect to any adjustment or redetermination of 
any annuity made on or after the date of this Order [Oct. 17, 1983].
    Sec. 3. Later Commencement Date For Certain Annuities.
    (a) Section 807(a) of the Act (22 U.S.C. 4047(a)) is deemed to be 
amended to read as follows:
    ``(a)(1) Except as otherwise provided in paragraph (2), the annuity 
of a participant who has met the eligibility requirements for an annuity 
shall commence on the first day of the month after--
    ``(A) separation from the Service occurs; or
    ``(B) pay ceases and the service and age requirements for 
entitlement to annuity are met.
    ``(2) The annuity of--
    ``(A) a participant who is retired and is eligible for benefits 
under section 609(a) [22 U.S.C. 4009(a)] or a participant who is retired 
under section 813 [22 U.S.C. 4053] or is otherwise involuntarily 
separated from the Service, except by removal for cause on charges of 
misconducted or delinquency.
    ``(B) a participant retiring under section 808 [22 U.S.C. 4048] due 
to a disability, and
    ``(C) a participant who serves 3 days or less in the month of 
retirement--
shall commence on the day after separation from the Service or the day 
after pay ceases and the requirements for entitlement to annuity are 
met.''.
    (b) The amendment deemed to be made by paragraph 3(a) of this Order 
shall become effective thirty days after the effective date of this 
Order [Oct. 17, 1983].
    Sec. 4. Credit For Military Service. (a) Section 805 of the Act (22 
U.S.C. 4045) is deemed to be amended--
    (i) by striking out subsection (e) and substituting the following 
subsection in lieu thereof:
    ``(e)(1) Each participant who has performed military or naval 
service before the date of separation on which the entitlement to any 
annuity under this chapter is based may pay to the Secretary a special 
contribution equal to 7 percent of the amount of the basic pay paid 
under section 204 of title 37 of the United States Code, to the 
participant for each period of military or naval service after December 
1956. The amount of such payments shall be based on such evidence of 
basic pay for military service as the participant may provide or if the 
Secretary determines sufficient evidence has not been so provided to 
adequately determine basic pay for military or naval service, such 
payment shall be based upon estimates of such basic pay provided to the 
Department under paragraph (4).
    ``(2) Any deposit made under paragraph (1) of this subsection more 
than two years after the later of--
    ``(A) the effective date of this Order, or
    ``(B) the date on which the participant making the deposit first 
became a participant in a Federal staff retirement system for civilian 
employees,--
shall include interest on such amount computed and compounded annually 
beginning on the date of the expiration of the two-year period. The 
interest rate that is applicable in computing interest in any year under 
this paragraph shall be equal to the interest rate that is applicable 
for such year under subsection (d) of this section.
    ``(3) Any payment received by the Secretary under this section shall 
be remitted to the Fund.
    ``(4) The Secretary of Defense, the Secretary of Transportation, the 
Secretary of Commerce, or the Secretary of Health and Human Services, as 
appropriate, shall furnish such information to the Secretary as the 
Secretary may determine to be necessary for the administration of this 
subsection.
    ``(f) Contributions shall only be required to obtain credit for 
periods of military or naval service to the extent provided under 
section 805(e) [22 U.S.C. 4045(e)] and section 816(a) [22 U.S.C. 
4056(a)], except that credit shall be allowed in the absence of 
contributions to individuals of Japanese ancestry under section 816 [22 
U.S.C. 4056] for periods of internment during World War II.''; and--
    (ii) by redesignating subsection (f) as subsection (g).
    (b) Section 816(a) of the Act (22 U.S.C. 4056(a)) is deemed to be 
amended by adding ``(1)'' after ``(a)'' and by adding the following new 
paragraphs at the end thereof:
    ``(2) The service of an individual who first becomes a participant 
on or after the date of this Order without any credit under section 816 
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 chapter is based, only if a deposit (with interest if 
any is required) is made with respect to that period, as provided in 
section 805(e) [22 U.S.C. 4045(e)].
    ``(3) The service of an individual who first became a participant on 
or after the date of this Order with credit under section 816 [22 U.S.C. 
4056] 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 chapter is based, subject, in the case of military or naval 
service performed after December 1956, to section 816(j) [22 U.S.C. 
4056(j)], as deemed to be added by this Order.
    ``(4) The service of an individual who first became a participant 
before the date of this Order 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 chapter is based, 
subject, in the case of military or naval service performed after 
December 1976, to section 816(j) [22 U.S.C. 4056(j)], as deemed to be 
added by this Order'';
    (c) Section 816 of the Act (22 U.S.C. 4056) is deemed to be further 
amended by adding a new subsection (j) at the end thereof to read as 
follows:
    ``(1) Except as otherwise provided by statute or Executive Order, 
Section 8332(j) of Title 5, United States Code, relating to 
redetermination of credit for military and naval service, shall be 
applied to annuities payable under this chapter. 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, United States Code, shall not 
apply with respect to:
    ``(A) the service of any individual who first became a participant 
on or after the date of this Order without any credit under section 816 
[22 U.S.C. 4056] 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 the date of this 
Order with credit under section 816 [22 U.S.C. 4056] 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 
805(e) [22 U.S.C. 4045(e)]; or
    ``(C) any military or naval service performed prior to 1977 by any 
individual who first became a participant before the date of this Order 
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 805(e) [22 U.S.C. 4045(e)].''
    (d) Section 822(a) of the Act (22 U.S.C. 4062(a)) is deemed to be 
amended by striking out the period at the end thereof and inserting in 
lieu thereof: ``, less an amount determined by the Secretary of State to 
be appropriate to reflect the value of the deposits made to the credit 
of the Fund under section 805(e).''.
    (e) The amendments deemed to be made by Section 4 of this Order 
shall be effective on the date of this Order [Oct. 17, 1983].
    Sec. 5. Recomputation at Age 62 of Credit for Military Service of 
Current Annuitants. (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. 415(e)(1)]) (or other applicable maximum annual amount referred 
to in section 215(e)(1) of such Act [42 U.S.C. 409]) 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. 17, 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.
    Sec. 6. General Limitation on Cost-of-Living Adjustment for 
Annuities. (a) Section 826 of the Act (22 U.S.C. 4066) is deemed to be 
amended to add at the end thereof the following new subsection:
    ``(g)(1) An annuity shall not be increased by reason of any 
adjustment under this section to an amount which exceeds the greater 
of--
    ``(A) the maximum pay rate payable for class FS-1 under section 403, 
30 days before the effective date of the adjustment under this section; 
or
    ``(B) the final pay (or average pay, if higher) of the former 
participant with respect to whom the annuity is paid, increased by the 
overall annual average percentage adjustments (compounded) in rates of 
pay of the Foreign Service Schedule under such section 403 during the 
period--
    ``(i) beginning on the date the annuity commenced (or, in the case 
of a survivor of the retired participant, the date the participant's 
annuity commenced), and
    ``(ii) ending on the effective date of the adjustment under this 
section.
    ``(2) For the purposes of paragraph (1) of this subsection, `pay' 
means the rate of salary or basic pay as payable under any provision of 
law, including any provision of law limiting the expenditure of 
appropriated funds.''.
    (b) The amendment made by subsection (a) of this Section shall not 
cause any annuity to be reduced below the rate that is payable on the 
date of approval of this Order [Oct. 17, 1983], but shall apply to any 
adjustment occurring on or after April 1, 1983 under Section 826 of the 
Act [22 U.S.C. 4066] to any annuity payable from the Foreign Service 
Retirement and Disability Fund, whether such annuity has a commencing 
date before, on, or after the date of this Order.
                                                          Ronald Reagan.

   Ex. Ord. No. 13105. Open Enrollment Season for Participants in the 
    Foreign Service Retirement and Disability System and the Central 
          Intelligence Agency Retirement and Disability System

    Ex. Ord. No. 13105, Nov. 2, 1998, 63 F.R. 60201, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including section 827 of the 
Foreign Service Act of 1980 (22 U.S.C. 4067) and section 292 of the 
Central Intelligence Agency Retirement Act of 1964 (50 U.S.C. 2141), and 
in order to conform further the Foreign Service Retirement and 
Disability System and the Central Intelligence Agency Retirement and 
Disability System to the Civil Service Retirement and Disability System, 
it is hereby ordered as follows:
    Section 1. In conjunction with section 860 of the Foreign Service 
Act of 1980 (22 U.S.C. 4071i), the Secretary of State shall issue 
regulations providing for an open enrollment period from November 1, 
1998, to April 30, 1999, during which employee participants in the 
Foreign Service Retirement and Disability System may elect to become 
subject to the Foreign Service Pension System.
    Sec. 2. In conjunction with section 307(a) of the Central 
Intelligence Agency Retirement Act of 1964 (50 U.S.C. 2157(a)), the 
Director shall provide for an open enrollment period from November 1, 
1998, to April 30, 1999, during which employee participants in the 
Central Intelligence Agency Retirement and Disability System may elect 
to become subject to the Federal Employees' Retirement System, 
comparable to the election for civil service employees provided for by 
the Federal Employees' Retirement System Open Enrollment Act of 1997, 
Public Law 105-61 [5 U.S.C. 8331 note].
                                                     William J. Clinton.

                  Section Referred to in Other Sections

    This section is referred to in section 4069-1 of this title.
