§4043 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Provides who can get benefits from the System. Members who are serving under a career appointment or as a career candidate under section 3946 and who are in the Senior Foreign Service or assigned to a Foreign Service Schedule salary class are eligible. Chiefs of mission not already covered can join if they have served a total of 20 years and have made the required special payment into the Fund under section 4045. Taking a presidential appointment (with or without Senate approval) does not stop eligibility. Former Binational Center Grantees with at least 5 years of satisfactory service may join and get credit if they make the special payment required under section 4045(d) or (f). Anyone covered by the Foreign Service Pension System (part II) is not eligible.

Title 22, §4043

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)Except as provided in subsection (d), the following members of the Service (hereinafter in this part referred to as “participants”) shall be entitled to the benefits of the System:

(1)Every member who is serving under a career appointment or as a career candidate under section 3946 of this title—

(A)in the Senior Foreign Service, or

(B)assigned to a salary class in the Foreign Service Schedule.

(2)Every chief of mission, who is not a participant under paragraph (1), who—

(A)has served as chief of mission for an aggregate period of 20 years or more, and

(B)has paid into the Fund a special contribution for each year of such service in accordance with section 4045 of this title.

(b)Any otherwise eligible member of the Service who is appointed to a position in the executive branch by the President, by and with the advice and consent of the Senate, or by the President alone, shall not by virtue of the acceptance of such appointment cease to be eligible to participate in the System.

(c)In addition to the individuals who are participants in the System under subsection (a), any individual who was appointed as a Binational Center Grantee and who completed at least 5 years of satisfactory service as such a grantee or under any other appointment under the Foreign Service Act of 1946 may become a participant in the System, and shall receive credit for such service if an appropriate special contribution is made to the Fund in accordance with section 4045(d) or (f) of this title.

(d)An individual subject to the Foreign Service Pension System (described in part II) is not a participant in this System.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Foreign Service Act of 1946, referred to in subsec. (c), is act Aug. 13, 1946, ch. 957, titles I to X, 60 Stat. 999, which was classified principally to chapter 14 (§ 801 et seq.) of this title, and was repealed by Pub. L. 96–465, title II, 2205(1), Oct. 17, 1980, 94 Stat. 2159.

Amendments

1986—Subsec. (a). Pub. L. 99–335, §§ 402(a)(2), 414(1), substituted “Except as provided in subsection (d), the” for “The” and “part” for “subchapter” in provisions preceding par. (1). Subsec. (d). Pub. L. 99–335, § 414(2), added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date

of 1986 AmendmentAmendment by Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as an

Effective Date

note under section 8401 of Title 5, Government Organization and Employees.

§4043 Participants

Summary

Title 22, §4043

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata