§ 4047. Payment of annuity

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Pub. L. 96–465 title I § 807 · 94 Stat. 2071

   Enacted · 22 U.S.C. § 4047

   Pub. L. 96–465, title I, § 807, Oct. 17, 1980, 94 Stat. 2109

   Source evidence

   Code source credit
   Pub. L. 96–465, title I, § 807, Oct. 17, 1980, 94 Stat. 2109

   Enacted provision · exact public law section
   Sec. 807. Payment of Annuity.— (a) Except as otherwise provided, 22 USC 4047. the annuity of a former participant who has met the eligibility requirements for an annuity shall commence on the day after separation from the Service or on the day after pay ceases. The annuity of a former participant who is entitled to a deferred annuity under this Act shall become effective on the day he or she attains age 60. (b) The annuity to a survivor shall become effective as otherwise Application for benefits. specified but shall not be paid until the survivor submits an application for such annuity, supported by such proof of eligibility as the Secretary of State may require. If such application or proof of eligibility is not submitted during the lifetime of an otherwise eligible individual, no annuity shall be due or payable to his or her estate. (c) An individual entitled to annuity from the Fund may decline to Waiver. accept all or any part of the annuity by submitting a signed waiver to the Secretary of State. The waiver may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver was in effect. (d) Recovery of overpayments under this chapter may not be made Overpayments. from an individual when, in the judgment of the Secretary of State, the individual is without fault and recovery would be against equity and good conscience or administratively infeasible.

2. 1983

   Public Law not identified

   Amended · 22 U.S.C. § 4047(a)

   Subsec. (a). Ex. Ord. No. 12446 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Except as otherwise provided, the annuity of a former participant who has met the eligibility requirements for an annuity shall commence on the day after separation from the Service or on the day after pay ceases. The annuity of a former participant who is entitled to a deferred annuity under this chapter shall become effective on the day he or she attains age 60.”

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (a). Ex. Ord. No. 12446 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Except as otherwise provided, the annuity of a former participant who has met the eligibility requirements for an annuity shall commence on the day after separation from the Service or on the day after pay ceases. The annuity of a former participant who is entitled to a deferred annuity under this chapter shall become effective on the day he or she attains age 60.”

3. 1986

   Pub. L. 99–335 § 402(a)(2) · 100 Stat. 514

   Substituted · 22 U.S.C. § 4047(d)

   Pub. L. 99–335, § 402(a)(2), substituted “part” for “subchapter”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 99–335, § 402(a)(2), substituted “part” for “subchapter”.

   Enacted provision · exact public law section
   (2) by striking out “this chapter” each place it appears and inserting in lieu thereof “this subchapter”; and

4. 1986

   Pub. L. 99–335 § 408 · 100 Stat. 514

   Added · 22 U.S.C. § 4047(e)

   Pub. L. 99–335, § 408, added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 99–335, § 408, added subsec. (e).

   Enacted provision · exact public law section
   SEC. 408. ALTERNATE FORMS OF ANNUITIES. Section 807 (22 U.S.C. 4047) is amended by adding at the end thereof the following: “(e) (1) The Secretary of State shall prescribe regulations under Regulations. which a participant may, at the time of retiring under this subchapter (other than under section 808), elect annuity benefits under 22 USC 4048. this section instead of any other benefits under this subchapter (including survivor benefits) based on the service of the participant. “(2) Subject to paragraph (3), the Secretary of State shall by regulation provide for such alternative forms of annuities as the Secretary considers appropriate, except that among the alternatives offered shall be— “(A) an alternative which provides for— “(i) payment of the lump-sum credit (excluding interest) to the participant; and “(ii) payment of an annuity to the participant for life; and “(B) in the case of a participant who is married at the time of retirement, an alternative which provides for— “(i) payment of the lump-sum credit (excluding interest) to the participant; and “(ii) payment of an annuity to the participant for life, with a survivor annuity payable for the life of a surviving spouse. “(3) Each alternative provided for under paragraph (2) shall, to the extent practicable, be designed such that the total value of the benefits provided under such alternative (including any lump-sum credit) is actuarially equivalent to the value of the annuity which would otherwise be provided the participant under this subchapter, as computed under section 806(a). 22 USC 4046. “(4) A participant who, at the time of retiring under this subchapter— “(A) is married, shall be ineligible to make an election under this section unless a waiver is made under section 806(b)(1)(B); or “(B) has a former spouse, shall be ineligible to make an election under this section if the former spouse is entitled to benefits under this subchapter (based on the service of the participant) unless a waiver has been made under section 806(b)(1)(C). “(5) A participant who is married at the time of retiring under this subchapter and who makes an election under this section may, during the 18-month period beginning on the date of retirement, make the election provided for under section 806(n), subject to the deposit requirement thereunder. “(6) Notwithstanding any other provision of law, any lump-sum credit provided pursuant to an election under this subsection shall not preclude an individual from receiving any other benefits under this subsection.”.

5. 1993

   Omnibus Budget Reconciliation Act of 1993

   Pub. L. 103–66 title XI § 11002(b) · 107 Stat. 312

   Substituted · 22 U.S.C. § 4047(e)(1)

   Pub. L. 103–66 substituted “any participant who has a life-threatening affliction or other critical medical condition” for “a participant”

   Source evidence

   Code amendment note
   Subsec. (e)(1). Pub. L. 103–66 substituted “any participant who has a life-threatening affliction or other critical medical condition” for “a participant”.

   Enacted provision · exact public law section
   (b) Foreign Service Retirement and Disability System.— Section 807(e)(1) of the Foreign Service Act of 1980 (22 U.S.C. 4047(e)(1)) is amended by striking “a participant may,” and inserting “any participant who has a life-threatening affliction or other critical medical condition may,”.

   Effective date note
   Amendment by Pub. L. 103–66 effective Oct. 1, 1994, and applicable with respect to any annuity commencing on or after that date, see section 11002(d) of Pub. L. 103–66, set out as a note under section 8343a of Title 5, Government Organization and Employees.

4 of 5 references resolved to an enrolled provision · 1 unresolved