Title 22Foreign Relations and IntercourseRelease 119-73

§4047 Payment of annuity

Title 22 › Chapter CHAPTER 52— - FOREIGN SERVICE › Subchapter SUBCHAPTER VIII— - FOREIGN SERVICE RETIREMENT AND DISABILITY › Part Part I— - Foreign Service Retirement and Disability System › § 4047

Last updated Apr 6, 2026|Official source

Summary

An annuity begins on the first day of the month after you leave the Service or after your pay stops and you meet the age and service rules. There are exceptions for three kinds of people: those retired or involuntarily separated under certain other rules (except removal for cause), those retiring for disability under another rule, and those who serve 3 days or less in the month they retire. A survivor’s annuity won’t be paid until the survivor files an application and gives the proof the Secretary of State requires; if no application or proof is filed while the eligible person is alive, nothing is payable to their estate. You may refuse all or part of your annuity by signing a waiver with the Secretary of State and can cancel that waiver in writing at any time, but no payments are made while the waiver was in effect. The Secretary of State won’t try to recover an overpayment when the person was not at fault and recovery would be unfair or impossible to administer. The Secretary of State must make rules so a participant with a life‑threatening or serious medical condition can, when retiring (except under the disability rule), choose annuity benefits under this part instead of other benefits. The rules must offer alternative annuity options, including at least: payment of the lump‑sum credit (excluding interest) plus a lifetime annuity to the participant, and for those married at retirement, that same lump sum plus a lifetime annuity with a survivor annuity for the spouse. The alternatives should, as much as possible, equal the actuarial value of the normal annuity. If married, you cannot make this election unless your spouse signs a waiver; if a former spouse is entitled to benefits, you cannot elect unless that former spouse signs a waiver. A married participant who makes this election can, within the 18‑month period after retirement and subject to any required deposit, make the special election provided under the rules. Receiving a lump‑sum credit under these choices does not stop you from getting any other benefits allowed here.

Full Legal Text

Title 22, §4047

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)(1)Except as otherwise provided in paragraph (2), the annuity of a participant who has met the eligibility requirements for an annuity shall commence on the first day of the month after—
(A)separation from the Service occurs; or
(B)pay ceases and the service and age requirements for entitlement to annuity are met.
(2)The annuity of—
(A)a participant who is retired and is eligible for benefits under section 4009(a) of this title or a participant who is retired under section 4053 of this title or is otherwise involuntarily separated from the Service, except by removal for cause on charges of misconduct or delinquency,
(B)a participant retiring under section 4048 of this title due to a disability, and
(C)a participant who serves 3 days or less in the month of retirement—
(b)The annuity to a survivor shall become effective as otherwise specified but shall not be paid until the survivor submits an application for such annuity, supported by such proof of eligibility as the Secretary of State may require. If such application or proof of eligibility is not submitted during the lifetime of an otherwise eligible individual, no annuity shall be due or payable to his or her estate.
(c)An individual entitled to annuity from the Fund may decline to accept all or any part of the annuity by submitting a signed waiver to the Secretary of State. The waiver may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver was in effect.
(d)Recovery of overpayments under this part may not be made from an individual when, in the judgment of the Secretary of State, the individual is without fault and recovery would be against equity and good conscience or administratively infeasible.
(e)(1)The Secretary of State shall prescribe regulations under which any participant who has a life-threatening affliction or other critical medical condition may, at the time of retiring under this part (other than under section 4048 of this title), elect annuity benefits under this section instead of any other benefits under this part (including survivor benefits) based on the service of the participant.
(2)Subject to paragraph (3), the Secretary of State shall by regulation provide for such alternative forms of annuities as the Secretary considers appropriate, except that among the alternatives offered shall be—
(A)an alternative which provides for—
(i)payment of the lump-sum credit (excluding interest) to the participant; and
(ii)payment of an annuity to the participant for life; and
(B)in the case of a participant who is married at the time of retirement, an alternative which provides for—
(i)payment of the lump-sum credit (excluding interest) to the participant; and
(ii)payment of an annuity to the participant for life, with a survivor annuity payable for the life of a surviving spouse.
(3)Each alternative provided for under paragraph (2) shall, to the extent practicable, be designed such that the total value of the benefits provided under such alternative (including any lump-sum credit) is actuarially equivalent to the value of the annuity which would otherwise be provided the participant under this part, as computed under section 4046(a) of this title.
(4)A participant who, at the time of retiring under this part—
(A)is married, shall be ineligible to make an election under this section unless a waiver is made under section 4046(b)(1)(B) of this title; or
(B)has a former spouse, shall be ineligible to make an election under this section if the former spouse is entitled to benefits under this part (based on the service of the participant) unless a waiver has been made under section 4046(b)(1)(C) of this title.
(5)A participant who is married at the time of retiring under this part and who makes an election under this section may, during the 18-month period beginning on the date of retirement, make the election provided for under section 4046(n) of this title, subject to the deposit requirement thereunder.
(6)Notwithstanding any other provision of law, any lump-sum credit provided pursuant to an election under this subsection shall not preclude an individual from receiving any other benefits under this subsection.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1993—Subsec. (e)(1). Pub. L. 103–66 substituted “any participant who has a life-threatening affliction or other critical medical condition” for “a participant”. 1986—Subsec. (d). Pub. L. 99–335, § 402(a)(2), substituted “part” for “subchapter”. Subsec. (e). Pub. L. 99–335, § 408, added subsec. (e). 1983—Subsec. (a). Ex. Ord. No. 12446 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Except as otherwise provided, the annuity of a former participant who has met the eligibility requirements for an annuity shall commence on the day after separation from the Service or on the day after pay ceases. The annuity of a former participant who is entitled to a deferred annuity under this chapter shall become effective on the day he or she attains age 60.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1993 AmendmentAmendment by Pub. L. 103–66 effective Oct. 1, 1994, and applicable with respect to any annuity commencing on or after that date, see section 11002(d) of Pub. L. 103–66, set out as a note under section 8343a of Title 5, Government Organization and Employees.

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.

Effective Date

of 1983 AmendmentAmendment by Ex. Ord. No. 12446 effective 30 days after Oct. 17, 1983, see section 3(b) of Ex. Ord. No. 12446, set out under section 4067 of this title.

Reference

Citations & Metadata

Citation

22 U.S.C. § 4047

Title 22Foreign Relations and Intercourse

Last Updated

Apr 6, 2026

Release point: 119-73