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Title 22 — Foreign Relations and Intercourse

Part II · Chapter 52 — Foreign Service

§ 4071e. Deductions and withholdings from pay

Statutory text

(a)

Basic pay

(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 title 26 (relating to the rate of tax for old age, survivors, and disability insurance).

(2)
(A)

The applicable percentage for a participant other than a revised annuity participant or a further revised annuity participant shall be as follows:

 7.5Before January 1, 1999.
 7.75January 1, 1999, to December 31, 1999.
 7.9January 1, 2000, to December 31, 2000.
 7.55After January 11, 2003.
(B)

The applicable percentage for a revised annuity participant shall be as follows:

 9.85After December 31, 2012
(C)

The applicable percentage for a further revised annuity participant shall be as follows:

 11.15After December 31, 2013.
(b)

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.

(c)

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.

(d)

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.

  1. 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. 618

  2. Tax 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.

  3. 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.”.

  4. 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.

  5. 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.

  6. Middle Class Tax Relief and Job Creation Act of 2012

    Pub. L. 112–96 title V § 5002(b) · 126 Stat. 156

    1. Amended · 22 U.S.C. § 4071e(a)(2)

      Pub. L. 112–96 designated existing provisions as subpar. (A)

    2. 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”

    3. 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”.

  7. 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”; and

  8. Bipartisan 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
  1. 1986Pub. L. 96–465, title I, § 856, as added Pub. L. 99–335, title IV, § 415, , 100 Stat. 618
  2. 1986amended Pub. L. 99–514, § 2, , 100 Stat. 2095
  3. 1997Pub. L. 105–33, title VII, § 7001(e)(1)(A), , 111 Stat. 661
  4. 2000Pub. L. 106–346, § 101(a) [title V, § 505(e)(1)], , 114 Stat. 1356, 1356A–53
  5. 2002Pub. L. 107–228, div. A, title III, § 322(b)(2), , 116 Stat. 1384
  6. 2012Pub. L. 112–96, title V, § 5002(b), , 126 Stat. 200
  7. 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.)

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