Title 22 — Foreign Relations and Intercourse
Part II · Chapter 52 — Foreign Service
§ 4071e. Deductions and withholdings from pay
Statutory text
Basic pay
The employing agency shall deduct and withhold from the basic pay of each participant the applicable percentage of basic pay specified in paragraph (2) of this subsection minus the percentage then in effect under section 3101(a) of title 26 (relating to the rate of tax for old age, survivors, and disability insurance).
The applicable percentage for a participant other than a revised annuity participant or a further revised annuity participant shall be as follows:
| 7.5 | Before January 1, 1999. | |
| 7.75 | January 1, 1999, to December 31, 1999. | |
| 7.9 | January 1, 2000, to December 31, 2000. | |
| 7.55 | After January 11, 2003. |
The applicable percentage for a revised annuity participant shall be as follows:
| 9.85 | After December 31, 2012 |
The applicable percentage for a further revised annuity participant shall be as follows:
| 11.15 | After December 31, 2013. |
Consent to deductions; discharge of claims
Each participant is deemed to consent and agree to the deductions under subsection (a). Notwithstanding any law or regulation affecting the pay of a participant, payment less such deductions is a full and complete discharge and acquittance of all claims and demands for regular services during the period covered by the payment, except the right to any benefits under this part based on the service of the participant.
Deposit of amounts
Amounts deducted and withheld under this section shall be deposited in the Treasury of the United States to the credit of the Fund under such procedures as the Comptroller General of the United States may prescribe.
Entry on individual retirement records
Under such regulations as the Secretary of State may issue, amounts deducted under subsection (a) shall be entered on individual retirement records.
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 § 856 · 94 Stat. 2071
Enacted · 22 U.S.C. § 4071e
Pub. L. 96–465, title I, § 856, as added Pub. L. 99–335, title IV, § 415, June 6, 1986, 100 Stat. 618
Source evidence
Code source credit
Pub. L. 96–465, title I, § 856, as added Pub. L. 99–335, title IV, § 415, June 6, 1986, 100 Stat. 618Tax Reform Act of 1986
Pub. L. 99–514 § 2 · 100 Stat. 2085
Substituted · 22 U.S.C. § 4071e(a)
Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text
Source evidence
Code amendment note
Subsec. (a). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.Enacted provision · exact public law section
SEC. 2. INTERNAL REVENUE CODE OF 1986. (a) Redesignation of 1954 Code.— The Internal Revenue Title enacted August 16, 1954, as heretofore, hereby, or hereafter amended, may be cited as the “Internal Revenue Code of 1986”. (b) References in Laws, Etc.— Except when inappropriate, any reference in any law, Executive order, or other document— (1) to the Internal Revenue Code of 1954 shall include a reference to the Internal Revenue Code of 1986, and (2) to the Internal Revenue Code of 1986 shall include a reference to the provisions of law formerly known as the Internal Revenue Code of 1954.Balanced Budget Act of 1997
Pub. L. 105–33 title VII § 7001(e)(1)(A) · 111 Stat. 251
Amended · 22 U.S.C. § 4071e(a)
Pub. L. 105–33 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The employing agency shall deduct and withhold from basic pay of each participant a percentage of basic pay equal to 7½ percent minus the percentage then in effect under section 3101(a) of title 26 (relating to the rate of tax for old age, survivors and disability insurance).”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 105–33 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The employing agency shall deduct and withhold from basic pay of each participant a percentage of basic pay equal to 7½ percent minus the percentage then in effect under section 3101(a) of title 26 (relating to the rate of tax for old age, survivors and disability insurance).”Enacted provision · exact public law section
(A) In general.— Section 856(a) of the Foreign Service Act of 1980 (22 U.S.C. 4071e(a)) is amended to read as follows: “(a) (1) The employing agency shall deduct and withhold from the basic pay of each participant the applicable percentage of basic pay specified in paragraph (2) of this subsection minus the percentage then in effect under section 3101(a) of the Internal Revenue Code of 1986 (26 U.S.C. 3101(a)) (relating to the rate of tax for old age, survivors, and disability insurance). “(2) The applicable percentage under this subsection shall be as follows: “7.5 Before January 1, 1999. 7.75 January 1, 1999, to December 31, 1999. 7.9 January 1, 20C0, to December 31, 2000. 8 January 1, 2001, to December 31, 2002. 7.5 After December 31, 2002.”.Pub. L. 106–346 § 101(a)(tV)(s505)(e)(1) · 114 Stat. 1356
Substituted · 22 U.S.C. § 4071e(a)(2)
Pub. L. 106–346, in table, substituted item relating to applicable percentage after December 31, 2000, for items relating to applicable percentages from January 1, 2001, to December 31, 2002; and after December 31, 2002
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 106–346, in table, substituted item relating to applicable percentage after December 31, 2000, for items relating to applicable percentages from January 1, 2001, to December 31, 2002; and after 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.Foreign Relations Authorization Act, Fiscal Year 2003
Pub. L. 107–228 div. A title III § 322(b)(2) · 116 Stat. 1350
Substituted · 22 U.S.C. § 4071e(a)(2)
Pub. L. 107–228, in table, substituted item relating to applicable percentage after January 11, 2003, for item relating to applicable percentage after December 31, 2000
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 107–228, in table, substituted item relating to applicable percentage after January 11, 2003, for item relating to applicable percentage after December 31, 2000.Enacted provision · exact public law section
(2) Individual deductions and withholdings.— Section 856(a)(2) of the Foreign Service Act of 1980 (22 U.S.C. 407 le(a)(2)) is amended by striking: “7.5 After December 31, 2000.” and inserting the following: “7.55 After January 11, 2003.”.Effective date note
Amendment by Pub. L. 107–228 effective with the first pay period beginning on or after the date that is 90 days after Sept. 30, 2002, see section 322(c)(2) of Pub. L. 107–228, set out as a note under section 4045 of this title.Middle Class Tax Relief and Job Creation Act of 2012
Pub. L. 112–96 title V § 5002(b) · 126 Stat. 156
Amended · 22 U.S.C. § 4071e(a)(2)
Pub. L. 112–96 designated existing provisions as subpar. (A)
Substituted · 22 U.S.C. § 4071e(a)(2)
Pub. L. 112–96 substituted “The applicable percentage for a participant other than a revised annuity participant” for “The applicable percentage under this subsection”
Added · 22 U.S.C. § 4071e(a)(2)
Pub. L. 112–96 added subpar. (B)
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 112–96 designated existing provisions as subpar. (A), substituted “The applicable percentage for a participant other than a revised annuity participant” for “The applicable percentage under this subsection”, and added subpar. (B).Enacted provision · exact public law section
(b) Deductions and Withholdings From Pay.— Section 856(a)(2) of the Foreign Service Act of 1980 (22 U.S.C. 4071e(a)(2)) is amended— (1) by striking “The applicable percentage under this subsection” and inserting “(A) The applicable percentage for a participant other than a revised annuity participant”; and (2) by adding at the end the following: “(B) The applicable percentage for a revised annuity participant shall be as follows: “9.85After December 31, 2012”.Bipartisan Budget Act of 2013
Pub. L. 113–67 § 402(b)(1) · 127 Stat. 1165
Inserted · 22 U.S.C. § 4071e(a)(2)(A)
Pub. L. 113–67, § 402(b)(1), inserted “or a further revised annuity participant” after “revised annuity participant”
Source evidence
Code amendment note
Subsec. (a)(2)(A). Pub. L. 113–67, § 402(b)(1), inserted “or a further revised annuity participant” after “revised annuity participant”.Enacted provision · exact public law section
(1) in subparagraph (A), by inserting “or a further revised annuity participant” after “revised annuity participant”; andBipartisan Budget Act of 2013
Pub. L. 113–67 § 402(b)(2) · 127 Stat. 1165
Added · 22 U.S.C. § 4071e(a)(2)(C)
Pub. L. 113–67, § 402(b)(2), added subpar. (C)
Source evidence
Code amendment note
Subsec. (a)(2)(C). Pub. L. 113–67, § 402(b)(2), added subpar. (C).Enacted provision · exact public law section
(2) by adding at the end the following: “(C) The applicable percentage for a further revised annuity participant shall be as follows: “11.15After December 31, 2013.”.
9 of 10 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1986–2013 · 6 rounds
2013
Subsec. (a)(2)(A). Pub. L. 113–67, § 402(b)(1), inserted “or a further revised annuity participant” after “revised annuity participant”.
Subsec. (a)(2)(C). Pub. L. 113–67, § 402(b)(2), added subpar. (C).
2012
Subsec. (a)(2). Pub. L. 112–96 designated existing provisions as subpar. (A), substituted “The applicable percentage for a participant other than a revised annuity participant” for “The applicable percentage under this subsection”, and added subpar. (B).
2002
Subsec. (a)(2). Pub. L. 107–228, in table, substituted item relating to applicable percentage after , for item relating to applicable percentage after .
2000
Subsec. (a)(2). Pub. L. 106–346, in table, substituted item relating to applicable percentage after , for items relating to applicable percentages from , to ; and after .
1997
Subsec. (a). Pub. L. 105–33 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The employing agency shall deduct and withhold from basic pay of each participant a percentage of basic pay equal to 7½ percent minus the percentage then in effect under section 3101(a) of title 26 (relating to the rate of tax for old age, survivors and disability insurance).”
1986
Subsec. (a). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–228 effective with the first pay period beginning on or after the date that is 90 days after , see section 322(c)(2) of Pub. L. 107–228, set out as a note under section 4045 of this title.
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.
Credits
1986–2013 · 7 acts
- 1986Pub. L. 96–465, title I, § 856, as added Pub. L. 99–335, title IV, § 415, , 100 Stat. 618
- 1986amended Pub. L. 99–514, § 2, , 100 Stat. 2095
- 1997Pub. L. 105–33, title VII, § 7001(e)(1)(A), , 111 Stat. 661
- 2000Pub. L. 106–346, § 101(a) [title V, § 505(e)(1)], , 114 Stat. 1356, 1356A–53
- 2002Pub. L. 107–228, div. A, title III, § 322(b)(2), , 116 Stat. 1384
- 2012Pub. L. 112–96, title V, § 5002(b), , 126 Stat. 200
- 2013Pub. L. 113–67, div. A, title IV, § 402(b), , 127 Stat. 1185.
Show as published
(Pub. L. 96–465, title I, § 856, as added Pub. L. 99–335, title IV, § 415, , 100 Stat. 618; amended Pub. L. 99–514, § 2, , 100 Stat. 2095; Pub. L. 105–33, title VII, § 7001(e)(1)(A), , 111 Stat. 661; Pub. L. 106–346, § 101(a) [title V, § 505(e)(1)], , 114 Stat. 1356, 1356A–53; Pub. L. 107–228, div. A, title III, § 322(b)(2), , 116 Stat. 1384; Pub. L. 112–96, title V, § 5002(b), , 126 Stat. 200; Pub. L. 113–67, div. A, title IV, § 402(b), , 127 Stat. 1185.)