§ 4053. Reassignment and retirement of former Presidential appointees

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 § 813 · 94 Stat. 2071

   Enacted · 22 U.S.C. § 4053

   Pub. L. 96–465, title I, § 813, Oct. 17, 1980, 94 Stat. 2113

   Source evidence

   Code source credit
   Pub. L. 96–465, title I, § 813, Oct. 17, 1980, 94 Stat. 2113

   Enacted provision · exact public law section
   Sec. 813. Retirement of Former Presidential Appointees.— If a 22 USC 4053. participant completes an assignment under section 302(b) in a position to which he or she was appointed by the President and has not been reassigned within 3 months after the termination of such assignment (plus any period of authorized leave), the participant shall be retired from the Service and receive retirement benefits in accordance with section 806.

2. 1991

   Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

   Pub. L. 102–138 title I § 149 · 105 Stat. 647

   1. Inserted · 22 U.S.C. § 4053

      Pub. L. 102–138 inserted “Reassignment and” in section catchline

   2. Amended · 22 U.S.C. § 4053

      Pub. L. 102–138 amended text generally. Prior to amendment, text read as follows: “If a participant completes an assignment under section 3942(b) of this title in a position to which he or she was appointed by the President and has not been reassigned within 3 months after the termination of such assignment (plus any period of authorized leave), the participant shall be retired from the Service and receive retirement benefits in accordance with section 4046 of this title.”

   Source evidence

   Code amendment note
   Pub. L. 102–138 inserted “Reassignment and” in section catchline and amended text generally. Prior to amendment, text read as follows: “If a participant completes an assignment under section 3942(b) of this title in a position to which he or she was appointed by the President and has not been reassigned within 3 months after the termination of such assignment (plus any period of authorized leave), the participant shall be retired from the Service and receive retirement benefits in accordance with section 4046 of this title.”

   Enacted provision · exact public law section
   SEC. 149. REASSIGNMENT AND RETIREMENT OF PRESIDENTIAL APPOINTEES. Section 813 of the Foreign Service Act of 1980 (22 U.S.C. 4053) is amended to read as follows: “Sec. 813. Reassignment and Retirement of Former Presidential Appointees.— (a) Except as provided under subsection (b), a participant, who completes an assignment under section 302(b) in a position to which he or she was appointed by the President, shall be offered reassignment within 90 days after the termination of such assignment and any period of authorized leave. “(b) Subsection (a) shall not apply with respect to a participant, if the Secretary of State determines that reassignment of the participant is not in the interest of the United States and the Foreign Service. “(c) A participant who is not reassigned under subsection (a) shall be retired from the Service and receive retirement benefits in accordance with section 806 or 855, as appropriate.”.

3. 1994

   Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

   Pub. L. 103–236 title I § 174 · 108 Stat. 382

   1. Added · 22 U.S.C. § 4053

      Pub. L. 103–236 added subsecs. (a) to (c)

   2. Struck · 22 U.S.C. § 4053

      Pub. L. 103–236 struck out former subsecs. (a) to (c) which read as follows:

   Source evidence

   Code amendment note
   Pub. L. 103–236 added subsecs. (a) to (c) and struck out former subsecs. (a) to (c) which read as follows:

   “(a) Except as provided under subsection (b) of this section, a participant, who completes an assignment under section 3942(b) of this title in a position to which he or she was appointed by the President, shall be offered reassignment within 90 days after the termination of such assignment and any period of authorized leave. “(b) Subsection (a) of this section shall not apply with respect to a participant, if the Secretary of State determines that reassignment of the participant is not in the interest of the United States and the Foreign Service. “(c) A participant who is not reassigned under subsection (a) of this section shall be retired from the Service and receive retirement benefits in accordance with section 4046 or 4071d of this title, as appropriate.”

   Enacted provision · exact public law section
   SEC. 174. REASSIGNMENT AND RETIREMENT OF FORMER PRESIDENTIAL APPOINTEES. Section 813 of the Foreign Service Act of 1980 (22 U.S.C. 4053) is amended by striking all that follows the section caption and inserting the following: “(a) A participant, who completes an assignment under section 302(b) in a position to which the participant was appointed by the President, and is not otherwise eligible for retirement— “(1) shall be reassigned within 90 days after the termination of such assignment and any period of authorized leave, or “(2) if the Secretary of State determines that reassignment is not in the interest of the Foreign Service, shall be retired from the Service and receive retirement benefits in accordance with section 806 or 855, as appropriate. “(b) A participant who completes an assignment under section 302(b) in a position to which the participant was appointed by the President and is eligible for retirement and is not reassigned within 90 days after the termination of such assignment and any period of authorized leave, shall be retired from the Service and receive retirement benefits in accordance with section 806 or section 855, as appropriate. “(c) A participant who is retired under subsection (a)(2) and is subsequently employed by the United States Government, thereafter, shall be eligible to retire only under the terms of the applicable retirement system.”.

5 of 5 references resolved to an enrolled provision