
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: 22USC4071b]

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


(a) Covered members

    Except for persons excluded by subsection (b), (c), or (d) of this 
section, all members of the Foreign Service, any of whose service after 
December 31, 1983, is employment for the purpose of title II of the 
Social Security Act [42 U.S.C. 401 et seq.] and chapter 21 of title 26, 
who would, but for this section, be participants in the Foreign Service 
Retirement and Disability System pursuant to section 4043 of this title 
shall instead be participants in the Foreign Service Pension System.

(b) Exclusion of participants in Foreign Service Retirement and 
        Disability System

    Members of the Service who were participants in the Foreign Service 
Retirement and Disability System on or before December 31, 1983, and who 
have not had a break in service in excess of one year since that date, 
are not made participants in the System by this section, without regard 
to whether they are subject to title II of the Social Security Act [42 
U.S.C. 401 et seq.].

(c) Exclusion of individuals with certain creditable civilian service

    Individuals who become members of the Service after having completed 
at least 5 years of civilian service creditable under part I of this 
subchapter, subchapter III of chapter 83 of title 5 (the Civil Service 
Retirement System), or title II of the Central Intelligence Agency 
Retirement Act (50 U.S.C. 2011 et seq.) (determined without regard to 
any deposit or redeposit requirement under any such part, subchapter, or 
title, any requirement that the individual become subject to such part, 
subchapter, or title after performing the service involved, or any 
requirement that the individual give notice in writing to the official 
by whom such individual is paid of such individual's desire to become 
subject to such part, subchapter, or title) are not participants in the 
System, except to the extent provided for under title III of the Federal 
Employees' Retirement System Act of 1986 pursuant to an election under 
such title to become subject to this part (under regulations issued by 
the Secretary of State pursuant to section 4071i of this title).

(d) Exclusion of temporary or intermittent employees

    The Secretary may exclude from the operation of this part any member 
of the Foreign Service, or group of members, whose employment is 
temporary or intermittent, except a member whose employment is part-time 
career appointment or career candidate appointment under section 3946 of 
this title.

(Pub. L. 96-465, title I, Sec. 853, as added Pub. L. 99-335, title IV, 
Sec. 415, June 6, 1986, 100 Stat. 616; amended Pub. L. 99-514, Sec. 2, 
Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103-178, title II, 
Sec. 204(b)(1), Dec. 3, 1993, 107 Stat. 2033.)

                       References in Text

    The Social Security Act, referred to in subsecs. (a) and (b), is act 
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social 
Security Act is classified generally to subchapter II (Sec. 401 et seq.) 
of chapter 7 of Title 42, The Public Health and Welfare. For complete 
classification of this Act to the Code, see section 1305 of Title 42 and 
Tables.
    The Central Intelligence Agency Retirement Act, referred to in 
subsec. (c), is Pub. L. 88-643, as revised generally by Pub. L. 102-496, 
title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3196. Title II of the Act 
is classified generally to subchapter II (Sec. 2011 et seq.) of chapter 
38 of Title 50, War and National Defense. For complete classification of 
this Act to the Code, see Short Title note set out under section 2001 of 
Title 50 and Tables.
    The Federal Employees' Retirement System Act of 1986, referred to in 
subsec. (c), is Pub. L. 99-335, June 6, 1986, 100 Stat. 514. Title III 
of the Federal Employees' Retirement System Act of 1986 amended sections 
3121 and 6103 of Title 26, Internal Revenue Code, section 1005 of Title 
39, Postal Service, and section 410 of Title 42, The Public Health and 
Welfare, enacted provisions set out as notes under sections 8331, 8401, 
8432, and 8472 of Title 5, Government Organization and Employees, and 
section 6103 of Title 26, and amended provisions set out as a note under 
section 8331 of Title 5. For complete classification of this Act to the 
Code, see Short Title note set out under section 8401 of Title 5 and 
Tables.


                               Amendments

    1993--Subsec. (c). Pub. L. 103-178 substituted ``the Central 
Intelligence Agency Retirement Act (50 U.S.C. 2011 et seq.)'' for ``the 
Central Intelligence Agency Retirement Act of 1964 for Certain 
Employees''.
    1986--Subsec. (a). Pub. L. 99-514 substituted ``Internal Revenue 
Code of 1986'' for ``Internal Revenue Code of 1954'', which for purposes 
of codification was translated as ``title 26'' thus requiring no change 
in text.

                  Section Referred to in Other Sections

    This section is referred to in section 4045 of this title.
