
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: 22USC4071d]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                       CHAPTER 52--FOREIGN SERVICE
 
       SUBCHAPTER VIII--FOREIGN SERVICE RETIREMENT AND DISABILITY
 
                 Part II--Foreign Service Pension System
 
Sec. 4071d. Entitlement to annuity


(a) Retirement conditions; definitions

    (1) Any participant may be retired under the conditions specified in 
section 4051 of this title and shall be retired under the conditions 
specified in sections 4052 and 4053 of this title and receive benefits 
under this part.
    (2) For the purposes of this subsection--
        (A) the term ``participant'', as used in the sections referred 
    to in paragraph (1), means a participant in the Foreign Service 
    Pension System; and
        (B) the term ``System'', as used in those sections, means the 
    Foreign Service Pension System.

(b) Voluntary or mandatory retirement with authorization for immediate 
        annuity; computation of annuity

    (1) Any participant who retires voluntarily or mandatorily under 
section 4007, 4008, 4010a, 4051, 4052, or 4053 of this title under 
conditions authorizing an immediate annuity for participants in the 
Foreign Service Retirement and Disability System or for participants in 
the Foreign Service Pension System, and who has completed at least 5 
years as a member of the Foreign Service, shall be entitled to an 
immediate annuity computed under paragraph (2).
    (2) An annuity under paragraph (1) shall be computed--
        (A) in accordance with section 8415(d)(1) of title 5 for all 
    service while a participant in this System and for prior service 
    creditable under this part not otherwise counted as--
            (i) a member of the Service,
            (ii) an employee of the Central Intelligence Agency entitled 
        to retirement credit under title II of the Central Intelligence 
        Agency Retirement Act (50 U.S.C. 2011 et seq.) or under section 
        302(a) or 303(b) of that Act (50 U.S.C. 2152(a), 2153(b)), or
            (iii) a participant as a Member of Congress, a congressional 
        employee, law enforcement officer, firefighter, or air traffic 
        controller in the Civil Service Retirement System under 
        subchapter III of chapter 83, title 5, or in the Federal 
        Employees' Retirement System under chapter 84 of title 5; and

        (B) at the rate stated in section 8415(a) of title 5 for all 
    other service creditable under this System including service in 
    excess of 20 years otherwise creditable under paragraph (A).

    (3) Any participant who is involuntarily retired or separated under 
section 4007, 4008, 4010, or 4010a of this title and who would if a 
participant under part I of this subchapter, become eligible for a 
refund of contributions or a deferred annuity under part I of this 
subchapter, shall, in lieu thereof, receive benefits for an involuntary 
separation under this part.
    (4) A disability annuity under this part required to be redetermined 
under section 8452(b) of title 5, or computed under section 8452(c) or 
(d) of such title 5, shall be recomputed or computed using the formula 
in subsection (b)(2)(A) of this section rather than section 8415 of such 
title 5 (as stated in section 8452(b)(2)(A) and 8452(c) and (d) of such 
title). Such annuity shall also be computed in accordance with the 
preceding sentence if, as of the day on which such annuity commences or 
is restored, the annuitant satisfies the age and service requirements 
for entitlement to an immediate annuity under section 4051 of this 
title.
    (5) A former participant entitled to a deferred annuity under 
section 8413(b) of title 5 shall not be subject to section 8415(f)(1) of 
such title 5 if the former participant has 20 years of service 
creditable under this part and is at least 50 years of age as of the 
date on which the annuity is to commence.
    (6)(A) The amount of a survivor annuity for a widow or widower of a 
participant or former participant shall be 50 percent of an annuity 
computed for the deceased under this part rather than under section 8415 
of such title 5 (as stated in sections 8442(a)(1), (b)(1)(B), and (c)(2) 
of such title).
    (B) Any calculation for a widow or widower of a participant or 
former participant under section 8442(f)(2)(A) shall be based on an 
``assumed FSRDS annuity'' rather than an ``assumed CSRS annuity'' as 
stated in such section. For the purpose of this subparagraph, the term 
``assumed FSRDS annuity'' means the amount of the survivor annuity to 
which the widow or widower would be entitled under part I of this 
subchapter based on the service of the deceased annuitant determined 
under section 8442(f)(5) of such title 5.

(c) Annuity supplement

    A participant who is entitled to an immediate annuity under 
subsection (b) of this section shall be entitled to receive an annuity 
supplement while the annuitant is under 62 years of age. The annuity 
supplement shall be based on the total creditable service of the 
annuitant and shall be computed in accordance with sections 8421(b) and 
8421a of title 5 as if the participant were a law enforcement officer 
retired under section 8412(d) of such title.

(d) Separation for cause based on disloyalty

    Any participant who is separated for cause under section 4010 of 
this title shall not be entitled to an annuity under this System when 
the Secretary determines that the separation was based in whole or in 
part on disloyalty to the United States.

(Pub. L. 96-465, title I, Sec. 855, as added Pub. L. 99-335, title IV, 
Sec. 415, June 6, 1986, 100 Stat. 617; amended Pub. L. 99-556, title IV, 
Sec. 406, Oct. 27, 1986, 100 Stat. 3138; Pub. L. 103-178, title II, 
Sec. 204(b)(3), Dec. 3, 1993, 107 Stat. 2033; Pub. L. 105-277, div. G, 
subdiv. B, title XXIII, Sec. 2312(b), Oct. 21, 1998, 112 Stat. 2681-827; 
Pub. L. 105-382, Sec. 2(d)(3)(B), Nov. 13, 1998, 112 Stat. 3408.)

                       References in Text

    The Central Intelligence Agency Retirement Act, referred to in 
subsec. (b)(2)(A)(ii), 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.


                               Amendments

    1998--Subsec. (b)(1). Pub. L. 105-277, Sec. 2312(b)(1)(A), and Pub. 
L. 105-382 amended par. (1) identically, inserting ``4010a,'' after 
``4008,''.
    Pub. L. 105-277, Sec. 2312(b)(1)(C), substituted ``Service, shall'' 
for ``Service shall''.
    Pub. L. 105-277, Sec. 2312(b)(1)(B), inserted ``or for participants 
in the Foreign Service Pension System,'' after ``Retirement and 
Disability System''.
    Subsec. (b)(3). Pub. L. 105-382, which directed the insertion of 
``4010a,'' after ``4008,'' in par. (3), was not executed to reflect the 
probable intent of Congress and the amendment by Pub. L. 105-277, 
Sec. 2312(b)(2). See below.
    Pub. L. 105-277, Sec. 2312(b)(2), substituted ``4010, or 4010a'' for 
``or 4010''.
    1993--Subsec. (b)(2)(A)(ii). Pub. L. 103-178 substituted ``under 
title II of the Central Intelligence Agency Retirement Act (50 U.S.C. 
2011 et seq.) or under section 302(a) or 303(b) of that Act (50 U.S.C. 
2152(a), 2153(b))'' for ``under title II of the Central Intelligence 
Agency Retirement Act of 1964 for Certain Employees or under section 
302(a) or 303(b) of that Act''.
    1986--Subsec. (b)(1). Pub. L. 99-556, Sec. 406(a), substituted ``as 
a member of the Foreign Service'' for ``of service subject to this 
subchapter''.
    Subsec. (b)(2). Pub. L. 99-556, Sec. 406(b), amended par. (2) by 
substituting subpars. (A) and (B) for former subpars. (A) to (C). Prior 
to amendment, subpars. (A) to (C) read as follows:
    ``(A) for all service earned while a participant in this System, at 
the rate stated in section 8415(d) of title 5; and
    ``(B) for all service earned while a participant in another 
retirement system creditable under section 4071c(d) of this title, at 
the rate which would have been applicable to the individual had that 
individual remained a participant in the other system; and
    ``(C) for all volunteer service creditable under section 4071c(c) of 
this title, at the rate stated in section 8415(a) of title 5.''
    Subsec. (b)(3) to (6). Pub. L. 99-556, Sec. 406(c), added pars. (3) 
to (6).


                    Effective Date of 1998 Amendments

    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.
    Amendment by Pub. L. 105-277 effective Oct. 21, 1998, except that 
amendment made by section 2312(b)(1)(A), (2) of Pub. L. 105-277 
applicable with respect to any actions taken under section 4010a of this 
title on or after Jan. 1, 1996, see section 2312(c) of Pub. L. 105-277, 
set out as a note under section 4009 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 4009, 4053 of this title.
