
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: 22USC4071a]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                       CHAPTER 52--FOREIGN SERVICE
 
       SUBCHAPTER VIII--FOREIGN SERVICE RETIREMENT AND DISABILITY
 
                 Part II--Foreign Service Pension System
 
Sec. 4071a. Definitions

    As used in this part, unless otherwise specified--
        (1) the term ``court order'' has the same meaning given in 
    section 4044(4) of this title;
        (2) the term ``Fund'' means the Foreign Service Retirement and 
    Disability Fund maintained by the Secretary of the Treasury pursuant 
    to section 4042 of this title;
        (3) the term ``lump-sum credit'' means the unrefunded amount 
    consisting of--
            (A) retirement deductions made from the basic pay of a 
        participant under section 4071e of this title (or under section 
        204 of the Federal Employees' Retirement Contribution Temporary 
        Adjustment Act of 1983);
            (B) amounts deposited by a participant under section 4071c 
        of this title to obtain credit under this System for prior 
        civilian or military service; and
            (C) interest on the deductions and deposits which, for any 
        calendar year, shall be 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 4059 of this title, as determined by the 
        Secretary of the Treasury (compounded annually); but does not 
        include interest--
                (i) if the service covered thereby aggregates 1 year or 
            less; or
                (ii) for a fractional part of a month in the total 
            service;

        (4) the term ``normal cost'' means the entry-age normal cost of 
    the provisions of the System which relate to the Fund, computed by 
    the Secretary of State in accordance with generally accepted 
    actuarial practice and standards (using dynamic assumptions) and 
    expressed as a level percentage of aggregate basic pay;
        (5) the term ``participant'' means a person who participates in 
    the Foreign Service Pension System;
        (6) the term ``pro rata share'' in the case of any former spouse 
    of any participant or former participant means the percentage which 
    is equal to the percentage that (A) the number of years during which 
    the former spouse was married to the participant during the service 
    of the participant which is creditable under this subchapter is of 
    (B) the total number of years of such service, disregarding extra 
    credit under section 4057 of this title;
        (7) the term ``supplemental liability'' means the estimated 
    excess of--
            (A) the actuarial present value of all future benefits 
        payable from the Fund under this part based on the service of 
        participants or former participants, over
            (B) the sum of--
                (i) the actuarial present value of (I) deductions to be 
            withheld from the future basic pay of participants pursuant 
            to section 4071e of this title and (II) contributions for 
            past civilian and military service;
                (ii) the actuarial present value of future contributions 
            to be made pursuant to section 4071f of this title;
                (iii) the Fund balance as of the date the supplemental 
            liability is determined, to the extent that such balance is 
            attributable--
                    (I) to the System, or
                    (II) to the contributions made under the Federal 
                Employees' Retirement Contribution Temporary Adjustment 
                Act of 1983 (5 U.S.C. 8331 note); and

                (iv) any other appropriate amount, as determined by the 
            Secretary of State in accordance with generally accepted 
            actuarial practices and principles;

        (8) the term ``System'' means the Foreign Service Pension 
    System; and
        (9) the term ``special agent'' has the same meaning given in 
    section 4044(15) of this title.

(Pub. L. 96-465, title I, Sec. 852, as added Pub. L. 99-335, title IV, 
Sec. 415, June 6, 1986, 100 Stat. 615; amended Pub. L. 100-238, title 
II, Sec. 241, Jan. 8, 1988, 101 Stat. 1776; Pub. L. 105-382, 
Sec. 2(a)(2), Nov. 13, 1998, 112 Stat. 3406.)

                       References in Text

    The Federal Employees' Retirement Contribution Temporary Adjustment 
Act of 1983, referred to in pars. (3)(A) and (7)(B)(iii)(II), is title 
II of Pub. L. 98-168, Nov. 29, 1983, 97 Stat. 1106, as amended, which is 
set out as a note under section 8331 of Title 5, Government Organization 
and Employees.


                               Amendments

    1998--Par. (9). Pub. L. 105-382 added par. (9).
    1988--Pars. (3) to (8). Pub. L. 100-238 added par. (3) and 
redesignated former pars. (3) to (7) as (4) to (8), respectively.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-382 effective Nov. 13, 1998, with 
provisions relating to applicability with respect to certain 
individuals, see section 4 of Pub. L. 105-382, as amended, set out as a 
note under section 4044 of this title.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-238 effective 90 days after Jan. 8, 1988, 
see section 261(a) of Pub. L. 100-238, set out as a note under section 
4054 of this title.
