Title 22 — Foreign Relations and Intercourse
Part II · Chapter 52 — Foreign Service
§ 4071c. Creditable service
Statutory text
Service included
For purposes of this part, creditable service of a participant includes—
service as a participant after ;
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
except as provided in subsection (b), any civilian service performed before (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 (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).
Refund of retirement deductions; retirement deduction not made; required deposit; computation of interest
A participant who has received a refund of retirement deductions under part I with respect to any service described in subsection (a)(3) 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.
A participant may not be allowed credit under this part for any service described in subsection (a)(3) for which retirement deductions under part I 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.
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.
Volunteer service; required payment
Credit shall be given under this System to a participant for a period of prior satisfactory service as—
a volunteer or volunteer leader under the Peace Corps Act (22 U.S.C. 2501 et seq.),
a volunteer under part A of title VIII of the Economic Opportunity Act of 1964, or
a full-time volunteer for a period of service of at least 1 year’s duration under part A, B,1 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 , through , shall be as follows:
| 3.25 | January 1, 1999, to December 31, 1999. | |
| 3.4 | January 1, 2000, to December 31, 2000. |
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.
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.
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.
Footnotes
- 1 See References in Text note below.
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 § 854 · 94 Stat. 2071
Enacted · 22 U.S.C. § 4071c
Pub. L. 96–465, title I, § 854, as added Pub. L. 99–335, title IV, § 415, June 6, 1986, 100 Stat. 616
Source evidence
Code source credit
Pub. L. 96–465, title I, § 854, as added Pub. L. 99–335, title IV, § 415, June 6, 1986, 100 Stat. 616Federal Employees’ Retirement System Technical Corrections Act of 1986
Pub. L. 99–556 § 405(a) · 100 Stat. 3131
Substituted · 22 U.S.C. § 4071c(d)
Pub. L. 99–556, § 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
Source evidence
Code amendment note
Subsec. (d). Pub. L. 99–556, § 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.Enacted provision · exact public law section
(a) Treatment of Contribution for Prior Service.— Subsection (d) of section 854 (22 U.S.C. 4071c) is amended by striking out “which would have been deducted from pay under section 854(a) had the individual been a participant” and inserting in lieu thereof “which was deducted and withheld from the individual’s basic pay under the other retirement system”.Federal Employees’ Retirement System Technical Corrections Act of 1986
Pub. L. 99–556 § 405(b) · 100 Stat. 3131
Added · 22 U.S.C. § 4071c(e)
Pub. L. 99–556, § 405(b), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 99–556, § 405(b), added subsec. (e).Enacted provision · exact public law section
(b) Employee of a Member or Office of the Congress.— Section 854 (22 U.S.C. 4071c) is amended by adding at the end thereof the following new subsection: “(e) 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 matching contribu-tion (from the appropriation or fund which is used for payment of the salary of the participant) 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 subchapter and shall not, unless all retirement credit is transferred, be counted as creditable service under any other Government retirement system.”.Pub. L. 100–238 title II § 242 · 101 Stat. 1744
Struck and inserted · 22 U.S.C. § 4071c(e)
Pub. L. 100–238 struck out “matching” after “shall make a” and inserted “determined under section 4071f(a) of this title” after “participant)”
Source evidence
Code amendment note
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)”.Enacted provision · exact public law section
SEC. 242. CONTRIBUTION FOR CREDITABLE SERVICE OF EMPLOYEE OF A MEMBER OR OFFICE OF THE CONGRESS. The second sentence of subsection (e) of section 854 (22 U.S.C. 4071c) is amended— (1) by striking out “matching”; and (2) by inserting “determined under section 857(a)” after “participant)”.Intelligence Authorization Act for Fiscal Year 1994
Pub. L. 103–178 § 204(b)(1) · 107 Stat. 2024
Substituted · 22 U.S.C. § 4071c(a)(3)
Pub. L. 103–178, § 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”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 103–178, § 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”.Intelligence Authorization Act for Fiscal Year 1994
Pub. L. 103–178 § 204(b)(2)(B) · 107 Stat. 2024
Substituted · 22 U.S.C. § 4071c(d)
Pub. L. 103–178, § 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”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 103–178, § 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”.Balanced Budget Act of 1997
Pub. L. 105–33 title VII § 7001(e)(1)(B) · 111 Stat. 251
Amended · 22 U.S.C. § 4071c(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—
Source evidence
Code amendment note
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.”
Enacted provision · exact public law section
(B) Volunteer service.— Subsection 854(c) of the Foreign Service Act of 1980 (22 U.S.C. 4071c(c)) is amended to read as follows: “(c) (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, 2002, shall be as follows: “3.25 January 1, 1999, to December 31, 1999. 3.4 January 1, 2000, to December 31, 2000. 3.5 January 1, 2001, to December 31, 2002. “(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, United States Code, together with interest determined under regulations issued by the Secretary of State.”.Pub. L. 106–346 § 101(a)(tV)(s505)(e)(2) · 114 Stat. 1356
Substituted · 22 U.S.C. § 4071c(c)(1)
Pub. L. 106–346, in concluding provisions, substituted “December 31, 2000” for “December 31, 2002”, and in table in concluding provisions
Struck · 22 U.S.C. § 4071c(c)(1)
Pub. L. 106–346, in concluding provisions, struck out item at end relating to service period January 1, 2001, to December 31, 2002
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(a) The provisions of the following bill are hereby enacted into law, H.R. 5394 of the 106th Congress, as introduced on October 5, 2000.Effective date note
Amendment by Pub. L. 106–346 effective upon the close of calendar year 2000 and applicable thereafter, see section 101(a) [title V, § 505(i)] of Pub. L. 106–346, set out as a note under section 8334 of Title 5, Government Organization and Employees.
6 of 9 references resolved to an enrolled provision · 3 partial
Editorial Notes
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, , 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, § 802, , 106 Stat. 3196. Titles II and III of the Act are classified generally to subchapters II (§ 2011 et seq.) and III (§ 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, , 75 Stat. 612, which is classified principally to chapter 34 (§ 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, , 73 Stat. 508. 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, § 110, , 81 Stat. 722, which was classified generally to part A (§ 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, § 603, , 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, , 87 Stat. 394. Parts A and C of title I of the Act are classified generally to parts A (§ 4951 et seq.) and C (§ 4991 et seq.), respectively, of subchapter I of chapter 66 of Title 42, The Public Health and Welfare. Part B of title I of the Act, which had been classified generally to part B (§ 4971 et seq.) of subchapter I of chapter 66 of Title 42, was repealed by Pub. L. 111–13, title II, § 2121, , 123 Stat. 1584. For complete classification of this Act to the Code, see Short Title note set out under section 4950 of Title 42 and Tables.
Amendments1986–2000 · 5 rounds
2000
Subsec. (c)(1). Pub. L. 106–346, in concluding provisions, substituted “” for “”, and in table in concluding provisions, struck out item at end relating to service period , to .
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, § 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, § 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, § 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, § 405(b), added subsec. (e).
Statutory Notes and Related Subsidiaries
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, § 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 , 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 , 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 , 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
Pub. L. 105–33, title VII, § 7001(e)(2), , 111 Stat. 662, 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].”
Credits
1986–2000 · 6 acts
- 1986Pub. L. 96–465, title I, § 854, as added Pub. L. 99–335, title IV, § 415, , 100 Stat. 616
- 1986amended Pub. L. 99–556, title IV, § 405, , 100 Stat. 3137
- 1988Pub. L. 100–238, title II, § 242, , 101 Stat. 1776
- 1993Pub. L. 103–178, title II, § 204(b)(2), , 107 Stat. 2033
- 1997Pub. L. 105–33, title VII, § 7001(e)(1)(B), , 111 Stat. 661
- 2000Pub. L. 106–346, § 101(a) [title V, § 505(e)(2)], , 114 Stat. 1356, 1356A–54.
Show as published
(Pub. L. 96–465, title I, § 854, as added Pub. L. 99–335, title IV, § 415, , 100 Stat. 616; amended Pub. L. 99–556, title IV, § 405, , 100 Stat. 3137; Pub. L. 100–238, title II, § 242, , 101 Stat. 1776; Pub. L. 103–178, title II, § 204(b)(2), , 107 Stat. 2033; Pub. L. 105–33, title VII, § 7001(e)(1)(B), , 111 Stat. 661; Pub. L. 106–346, § 101(a) [title V, § 505(e)(2)], , 114 Stat. 1356, 1356A–54.)