Title 22 — Foreign Relations and Intercourse
Part II · Chapter 52 — Foreign Service
§ 4071a. Definitions
Statutory text
As used in this part, unless otherwise specified—
the term “court order” has the same meaning given in section 4044(4) of this title;
the term “Fund” means the Foreign Service Retirement and Disability Fund maintained by the Secretary of the Treasury pursuant to section 4042 of this title;
the term “lump-sum credit” means the unrefunded amount consisting of—
retirement deductions made from the basic pay of a participant under section 4071e of this title (or under section 204 of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983);
amounts deposited by a participant under section 4071c of this title to obtain credit under this System for prior civilian or military service; and
interest on the deductions and deposits which, for any calendar year, shall be equal to the overall average yield to the Fund during the preceding fiscal year from all obligations purchased by the Secretary of the Treasury during such fiscal year under section 4059 of this title, as determined by the Secretary of the Treasury (compounded annually); but does not include interest—
if the service covered thereby aggregates 1 year or less; or
for a fractional part of a month in the total service;
the term “normal cost” means the entry-age normal cost of the provisions of the System which relate to the Fund, computed by the Secretary of State in accordance with generally accepted actuarial practice and standards (using dynamic assumptions) and expressed as a level percentage of aggregate basic pay;
the term “participant” means a person who participates in the Foreign Service Pension System;
the term “pro rata share” in the case of any former spouse of any participant or former participant means the percentage which is equal to the percentage that (A) the number of years during which the former spouse was married to the participant during the service of the participant which is creditable under this subchapter is of (B) the total number of years of such service, disregarding extra credit under section 4057 of this title;
the term “revised annuity participant” means any individual who—
on —
is not a participant;
is not performing service which is creditable service under section 4071c of this title; and
has less than 5 years creditable service under section 4071c of this title; and
after , and before , becomes a participant performing service which is creditable service under section 4071c of this title;
the term “further revised annuity participant” means any individual who—
on —
is not a participant;
is not performing service which is creditable service under section 4071c of this title; and
has less than 5 years creditable service under section 4071c of this title; and
after , becomes a participant performing service which is creditable service under section 4071c of this title;
the term “supplemental liability” means the estimated excess of—
the actuarial present value of all future benefits payable from the Fund under this part based on the service of participants or former participants, over
the sum of—
the actuarial present value of (I) deductions to be withheld from the future basic pay of participants pursuant to section 4071e of this title and (II) contributions for past civilian and military service;
the actuarial present value of future contributions to be made pursuant to section 4071f of this title;
the Fund balance as of the date the supplemental liability is determined, to the extent that such balance is attributable—
to the System, or
to the contributions made under the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983 (5 U.S.C. 8331 note); and
any other appropriate amount, as determined by the Secretary of State in accordance with generally accepted actuarial practices and principles;
the term “System” means the Foreign Service Pension System; and
the term “special agent” has the same meaning given in section 4044(15) of this title.
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.
Pub. L. 96–465 title I § 852 · 94 Stat. 2071
Enacted · 22 U.S.C. § 4071a
Pub. L. 96–465, title I, § 852, as added Pub. L. 99–335, title IV, § 415, June 6, 1986, 100 Stat. 615
Source evidence
Code source credit
Pub. L. 96–465, title I, § 852, as added Pub. L. 99–335, title IV, § 415, June 6, 1986, 100 Stat. 615Pub. L. 100–238 title II § 241 · 101 Stat. 1744
Added · 22 U.S.C. § 4071a(3)(8)
Pub. L. 100–238 added par. (3)
Redesignated · 22 U.S.C. § 4071a(3)(8)
Pub. L. 100–238 redesignated former pars. (3) to (7) as (4) to (8), respectively
Source evidence
Code amendment note
Pars. (3) to (8). Pub. L. 100–238 added par. (3) and redesignated former pars. (3) to (7) as (4) to (8), respectively.Enacted provision · exact public law section
SEC. 241. DEFINITION OF LUMP-SUM CREDIT. Section 852 of chapter 8 (22 U.S.C. 4071a) is amended— (1) by redesignating paragraphs (3), (4), (5), (6), and (7) as paragraphs (4), (5), (6), (7), and (8), respectively; and (2) by inserting after paragraph (2) the following new paragraph: “(3) the term ‘lump-sum credit’ means the unrefunded amount consisting of— “(A) retirement deductions made from the basic pay of a participant under section 856 of this chapter (or under section 204 of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983); “(B) amounts deposited by a participant under section 854 to obtain credit under this System for prior civilian or military service; and “(C) interest on the deductions and deposits which, for any calendar year, shall be equal to the overall average yield to the Fund during the preceding fiscal year from all obligations purchased by the Secretary of the Treasury during such fiscal year under section 819, as determined by the Secretary of the Treasury (compounded annually); but does not include interest— “(i) if the service covered thereby aggregates 1 year or less; or “(ii) for a fractional part of a month in the total service;”.Department of State Special Agents Retirement Act of 1998
Pub. L. 105–382 § 2(a)(2) · 112 Stat. 3406
Added · 22 U.S.C. § 4071a(9)
Pub. L. 105–382 added par. (9)
Source evidence
Code amendment note
Par. (9). Pub. L. 105–382 added par. (9).Enacted provision · exact public law section
(2) Conforming amendment.— Section 852 of such Act (22 U.S.C. 4071a) is amended— (A) by striking “and” at the end of paragraph (7); (B) by striking the period at the end of paragraph (8) and inserting “; and”; and (C) by adding at the end the following: “(9) the term ‘special agent’ has the same meaning given in section 804(15).”.Effective date note
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.Middle Class Tax Relief and Job Creation Act of 2012
Pub. L. 112–96 title V § 5002(a) · 126 Stat. 156
Added · 22 U.S.C. § 4071a(7)(10)
Pub. L. 112–96 added par. (7)
Redesignated · 22 U.S.C. § 4071a(7)(10)
Pub. L. 112–96 redesignated former pars. (7) to (9) as (8) to (10), respectively
Source evidence
Code amendment note
Pars. (7) to (10). Pub. L. 112–96 added par. (7) and redesignated former pars. (7) to (9) as (8) to (10), respectively.Enacted provision · exact public law section
(a) Definition.— Section 852 of the Foreign Service Act of 1980 (22 U.S.C. 4071a) is amended— (1) by redesignating paragraphs (7), (8), and (9) as paragraphs (8), (9), and (10), respectively; and (2) by inserting after paragraph (6) the following: “(7) the term ‘revised annuity participant’ means any individual who— “(A) on December 31, 2012— “(i) is not a participant; “(ii) is not performing service which is creditable service under section 854; and “(iii) has less than 5 years creditable service under section 854; and “(B) after December 31, 2012, becomes a participant performing service which is creditable service under section 854;” .Bipartisan Budget Act of 2013
Pub. L. 113–67 § 402(a)(2) · 127 Stat. 1165
Inserted · 22 U.S.C. § 4071a(7)(B)
Pub. L. 113–67, § 402(a)(2), inserted “and before January 1, 2014,” after “after December 31, 2012,”
Source evidence
Code amendment note
Par. (7)(B). Pub. L. 113–67, § 402(a)(2), inserted “and before January 1, 2014,” after “after December 31, 2012,”.Enacted provision · exact public law section
(2) Technical amendment.— Section 852(7)(B) of the Foreign Service Act of 1980 (22 U.S.C. 4071a(7)(B)) is amended by inserting “and before January 1, 2014,” after “after December 31, 2012,”.Bipartisan Budget Act of 2013
Pub. L. 113–67 § 402(a)(1) · 127 Stat. 1165
Added · 22 U.S.C. § 4071a(8)(11)
Pub. L. 113–67, § 402(a)(1), added par. (8)
Redesignated · 22 U.S.C. § 4071a(8)(11)
Pub. L. 113–67, § 402(a)(1), redesignated former pars. (8) to (10) as (9) to (11), respectively
Source evidence
Code amendment note
Pars. (8) to (11). Pub. L. 113–67, § 402(a)(1), added par. (8) and redesignated former pars. (8) to (10) as (9) to (11), respectively.Enacted provision · exact public law section
(1) In general.— Section 852 of the Foreign Service Act of 1980 (22 U.S.C. 4071a) is amended— (A) by redesignating paragraphs (8), (9), and (10) as paragraphs (9), (10), and (11), respectively; and (B) by inserting after paragraph (7) the following: “(8) the term ‘further revised annuity participant’ means any individual who— “(A) on December 31, 2013— “(i) is not a participant; “(ii) is not performing service which is creditable service under section 854; and “(iii) has less than 5 years creditable service under section 854; and “(B) after December 31, 2013, becomes a participant performing service which is creditable service under section 854;” .
8 of 9 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
The Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983, referred to in pars. (3)(A) and (7)(B)(iii)(II), is title II of Pub. L. 98–168, , 97 Stat. 1106, which is set out as a note under section 8331 of Title 5, Government Organization and Employees.
Amendments1988–2013 · 4 rounds
2013
Par. (7)(B). Pub. L. 113–67, § 402(a)(2), inserted “and before ,” after “after ,”.
Pars. (8) to (11). Pub. L. 113–67, § 402(a)(1), added par. (8) and redesignated former pars. (8) to (10) as (9) to (11), respectively.
2012
Pars. (7) to (10). Pub. L. 112–96 added par. (7) and redesignated former pars. (7) to (9) as (8) to (10), respectively.
1998
Par. (9). Pub. L. 105–382 added par. (9).
1988
Pars. (3) to (8). Pub. L. 100–238 added par. (3) and redesignated former pars. (3) to (7) as (4) to (8), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–382 effective , 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.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–238 effective 90 days after , see section 261(a) of Pub. L. 100–238, set out as a note under section 4054 of this title.
Credits
1986–2013 · 5 acts
- 1986Pub. L. 96–465, title I, § 852, as added Pub. L. 99–335, title IV, § 415, , 100 Stat. 615
- 1988amended Pub. L. 100–238, title II, § 241, , 101 Stat. 1776
- 1998Pub. L. 105–382, § 2(a)(2), , 112 Stat. 3406
- 2012Pub. L. 112–96, title V, § 5002(a), , 126 Stat. 200
- 2013Pub. L. 113–67, div. A, title IV, § 402(a), , 127 Stat. 1185.
Show as published
(Pub. L. 96–465, title I, § 852, as added Pub. L. 99–335, title IV, § 415, , 100 Stat. 615; amended Pub. L. 100–238, title II, § 241, , 101 Stat. 1776; Pub. L. 105–382, § 2(a)(2), , 112 Stat. 3406; Pub. L. 112–96, title V, § 5002(a), , 126 Stat. 200; Pub. L. 113–67, div. A, title IV, § 402(a), , 127 Stat. 1185.)