
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: 22USC4071c]

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


(a) Service included

    For purposes of this part, creditable service of a participant 
includes--
        (1) service as a participant after December 31, 1986;
        (2) service with respect to which deductions and withholdings 
    under section 204(a)(2) of the Federal Employees' Retirement 
    Contribution Temporary Adjustment Act of 1983 have been made; and
        (3) except as provided in subsection (b) of this section, any 
    civilian service performed before January 1, 1989 (other than 
    service under paragraph (1) or (2)), which, but for the amendment 
    made by section 414 of the Federal Employees' Retirement System Act 
    of 1986, would be creditable under part I of this subchapter 
    (determined without regard to any deposit or redeposit requirement 
    under such part, 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.), 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).

(b) Refund of retirement deductions; retirement deduction not made; 
        required deposit; computation of interest

    (1) A participant who has received a refund of retirement deductions 
under part I of this subchapter with respect to any service described in 
subsection (a)(3) of this section may not be allowed credit for such 
service under this part unless such participant deposits into the Fund 
an amount equal to 1.3 percent of basic pay for such service, with 
interest.
    (2) A participant may not be allowed credit under this part for any 
service described in subsection (a)(3) of this section for which 
retirement deductions under part I of this subchapter have not been 
made, unless such participant deposits into the Fund an amount equal to 
1.3 percent of basic pay for such service, with interest.
    (3) Interest under paragraph (1) or (2) shall be computed in 
accordance with section 4045(d) of this title and regulations issued by 
the Secretary of State.

(c) Volunteer service; required payment

    (1) Credit shall be given under this System to a participant for a 
period of prior satisfactory service as--
        (A) a volunteer or volunteer leader under the Peace Corps Act 
    (22 U.S.C. 2501 et seq.),
        (B) a volunteer under part A of title VIII of the Economic 
    Opportunity Act of 1964, or
        (C) a full-time volunteer for a period of service of at least 1 
    year's duration under part A, B, or C of title I of the Domestic 
    Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.),

if the participant makes a payment to the Fund equal to 3 percent of pay 
received for the volunteer service; except, the amount to be paid for 
volunteer service beginning on January 1, 1999, through December 31, 
2000, shall be as follows:





                                          3.25...................  January 1, 1
999, to December 31, 1999.
                                          3.4....................  January 1, 2
000, to December 31, 2000.



    (2) The amount of such payments shall be determined in accordance 
with regulations of the Secretary of State consistent with regulations 
for making corresponding determinations under chapter 83, title 5, 
together with interest determined under regulations issued by the 
Secretary of State.

(d) Prior service under other retirement system; waiver of credit and 
        payment into Fund

    Credit shall be given under this System to a participant for a 
period of prior service under the Federal Employees' Retirement System 
(described in chapter 84 of title 5) or under title III of the Central 
Intelligence Agency Retirement Act (50 U.S.C. 2151 et seq.) if the 
participant waives credit under the other retirement system and makes a 
payment to the Fund equal to the amount which was deducted and withheld 
from the individual's basic pay under the other retirement system during 
the prior creditable service under the other retirement system together 
with interest on such amount computed in accordance with regulations 
issued by the Secretary of State.

(e) Employees of Members or offices of Congress

    A participant who, while on approved leave without pay, serves as a 
full-time paid employee of a Member or office of the Congress shall 
continue to make contributions to the Fund based upon the Foreign 
Service salary rate that would be in effect if the participant were in a 
pay status. The participant's employing Member or office in the Congress 
shall make a contribution (from the appropriation or fund which is used 
for payment of the salary of the participant) determined under section 
4071f(a) of this title to the Treasury of the United States to the 
credit of the Fund. All periods of service for which full contributions 
to the Fund are made under this subsection shall be counted as 
creditable service for purposes of this part and shall not, unless all 
retirement credit is transferred, be counted as creditable service under 
any other Government retirement system.

(Pub. L. 96-465, title I, Sec. 854, as added Pub. L. 99-335, title IV, 
Sec. 415, June 6, 1986, 100 Stat. 616; amended Pub. L. 99-556, title IV, 
Sec. 405, Oct. 27, 1986, 100 Stat. 3137; Pub. L. 100-238, title II, 
Sec. 242, Jan. 8, 1988, 101 Stat. 1776; Pub. L. 103-178, title II, 
Sec. 204(b)(2), Dec. 3, 1993, 107 Stat. 2033; Pub. L. 105-33, title VII, 
Sec. 7001(e)(1)(B), Aug. 5, 1997, 111 Stat. 661; Pub. L. 106-346, 
Sec. 101(a) [title V, Sec. 505(e)(2)], Oct. 23, 2000, 114 Stat. 1356, 
1356A-54.)

                       References in Text

    Section 204(a)(2) of the Federal Employees' Retirement Contribution 
Temporary Adjustment Act of 1983, referred to in subsec. (a)(2), is 
section 204(a)(2) of Pub. L. 98-168, which is set out as a note under 
section 8331 of Title 5, Government Organization and Employees.
    Section 414 of the Federal Employees' Retirement System Act of 1986, 
referred to in subsec. (a)(3), is section 414 of Pub. L. 99-335, title 
IV, June 6, 1986, 100 Stat. 614, which amended section 4043 of this 
title.
    The Central Intelligence Agency Retirement Act, referred to in 
subsecs. (a)(3) and (d), is Pub. L. 88-643, as revised generally by Pub. 
L. 102-496, title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3196. Titles 
II and III of the Act are classified generally to subchapters II 
(Sec. 2011 et seq.) and III (Sec. 2151 et seq.), respectively, 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 Peace Corps Act, referred to in subsec. (c)(1)(A), is Pub. L. 
87-293, Sept. 22, 1961, 75 Stat. 612, as amended, which is classified 
principally to chapter 34 (Sec. 2501 et seq.) of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 2501 of this title and Tables.
    The Economic Opportunity Act of 1964, referred to in subsec. 
(c)(1)(B), is Pub. L. 88-452, Aug. 20, 1964, 73 Stat. 508, as amended. 
Part A of title VIII of the Act is part A of title VIII of Pub. L. 88-
452, as added by Pub. L. 90-222, title I, Sec. 110, Dec. 23, 1967, 81 
Stat. 722, which was classified generally to part A (Sec. 2992 et seq.) 
of subchapter VIII of chapter 34 of Title 42, The Public Health and 
Welfare, prior to its repeal by Pub. L. 93-113, title VI, Sec. 603, Oct. 
1, 1973, 87 Stat. 417. See sections 4951 et seq., 5042(13)(A), and 5055 
of Title 42.
    The Domestic Volunteer Service Act of 1973, referred to in subsec. 
(c)(1)(C), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394, as amended. 
Parts A, B, and C of title I of the Act are classified to Parts A 
(Sec. 4951 et seq.), B (Sec. 4971 et seq.), and C (Sec. 4991 et seq.), 
respectively, of subchapter I of chapter 66 of Title 42. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 4950 of Title 42 and Tables.


                               Amendments

    2000--Subsec. (c)(1). Pub. L. 106-346, in concluding provisions, 
substituted ``December 31, 2000'' for ``December 31, 2002'', and in 
table in concluding provisions, struck out item at end relating to 
service period January 1, 2001, to December 31, 2002.
    1997--Subsec. (c). Pub. L. 105-33 amended subsec. (c) generally. 
Prior to amendment, subsec. (c) read as follows: ``Credit shall be given 
under this System to a participant for a period of prior satisfactory 
service as--
        ``(1) a volunteer or volunteer leader under the Peace Corps Act 
    (22 U.S.C. 2501 et seq.),
        ``(2) a volunteer under part A of title VIII of the Economic 
    Opportunity Act of 1964, or
        ``(3) a full-time volunteer for a period of service of at least 
    one year's duration under part A, B, or C of title I of the Domestic 
    Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.),
if the participant makes a payment to the Fund equal to 3 percent of pay 
received for the volunteer service (as determined in accordance with 
regulations of the Secretary of State consistent with regulations for 
making corresponding determinations under chapter 83, title 5) together 
with interest determined under regulations issued by the Secretary of 
State.''
    1993--Subsec. (a)(3). Pub. L. 103-178, Sec. 204(b)(1), 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''.
    Subsec. (d). Pub. L. 103-178, Sec. 204(b)(2)(B), substituted ``the 
Central Intelligence Agency Retirement Act (50 U.S.C. 2151 et seq.)'' 
for ``the Central Intelligence Agency Retirement Act of 1964 for Certain 
Employees''.
    1988--Subsec. (e). Pub. L. 100-238 struck out ``matching'' after 
``shall make a'' and inserted ``determined under section 4071f(a) of 
this title'' after ``participant)''.
    1986--Subsec. (d). Pub. L. 99-556, Sec. 405(a), which directed that 
subsec. (d) be amended by substituting ``which was deducted and withheld 
from the individual's basic pay under the other retirement system'' for 
``which would have been deducted from pay under section 4071c(a) of this 
title had the individual been a participant'', was executed by making 
the substitution for ``which would have been deducted from pay under 
section 4071e(a) of this title had the individual been a participant'', 
as the probable intent of Congress.
    Subsec. (e). Pub. L. 99-556, Sec. 405(b), added subsec. (e).


                    Effective Date of 2000 Amendment

    Amendment by Pub. L. 106-346 effective upon the close of calendar 
year 2000 and applicable thereafter, see section 101(a) [title V, 
Sec. 505(i)] of Pub. L. 106-346, set out as a note under section 8334 of 
Title 5, Government Organization and Employees.


                    Effective Date of 1997 Amendment

    Amendment by Pub. L. 105-33 effective Oct. 1, 1997, see section 
7001(f) of Pub. L. 105-33, set out as a note under section 8334 of Title 
5, Government Organization and Employees.


                    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.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-556 effective Jan. 1, 1987, see section 408 
of Pub. L. 99-556, set out as a note under section 4046 of this title.


     Impact of Amendments by Pub. L. 105-33 on Agency Contributions

    Section 7001(e)(2) of Pub. L. 105-33 provided that: ``Agency 
contributions under section 857 of the Foreign Service Act of 1980 (22 
U.S.C. 4071f) shall not be reduced as a result of the amendments made 
under paragraph (1) of this subsection [amending this section and 
section 4071e of this title].''

                  Section Referred to in Other Sections

    This section is referred to in section 4071a of this title.
