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Title 22 — Foreign Relations and IntercourseRelease 119-73

§4049 Death in service

Title 22 › Chapter CHAPTER 52— - FOREIGN SERVICE › Subchapter SUBCHAPTER VIII— - FOREIGN SERVICE RETIREMENT AND DISABILITY › Part Part I— - Foreign Service Retirement and Disability System › § 4049

Last updated Apr 6, 2026|Official source

Summary

If a participant dies and there is no annuity to pay, the law pays a lump-sum credit under the lump-sum rules. If the person had at least 18 months of civilian service and left a spouse or a former spouse who qualifies, that survivor gets 55% of the annuity the participant would have received. If the participant had under 3 years of service, the annuity is figured using the average pay for all of that service. If a surviving spouse or former spouse is the parent of a surviving child, each child may also get a payment. If no spouse survives but there are children, each child can get a payment under the child rules. If the person had less than 20 years, the spouse’s annuity is calculated as if the person had 20 years, but the extra credited years can’t be more than the difference between the person’s age at death and age 60. Special rules apply if the person died while recalled to service: survivor benefits are figured as if the recall ended on the day of death, and in some cases a surviving spouse or former spouse can choose a supplemental or redetermined survivor annuity instead of a refund. Survivor annuities start, stop, and resume under the usual benefit rules.

Full Legal Text

Title 22, §4049

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)If a participant dies and no claim for annuity is payable under this part, the lump-sum credit shall be paid in accordance with section 4055 of this title.
(b)If a participant who has at least 18 months of civilian service credit toward retirement under the System dies before retirement or other separation from the Service and is survived by a spouse or former spouse qualifying for an annuity under section 4054(b) of this title, such surviving spouse shall be entitled to an annuity equal to 55 percent of the annuity computed in accordance with subsections (e) and (g) of this section and section 4046(a) of this title and any surviving former spouse shall be entitled to an annuity under section 4054(b) of this title as if the participant died after being entitled to an annuity under this part. If the participant had less than 3 years creditable civilian service at the time of death, the survivor annuity shall be computed on the basis of the average salary for the entire period of such service.
(c)If a participant who has at least 18 months of civilian service credit toward retirement under the System dies before retirement or other separation from the Service and is survived by a spouse or a former spouse who is the natural or adoptive parent of a surviving child of the annuitant, and a child or children, each surviving child shall be entitled to an annuity computed in accordance with subsections (c)(1) and (d) of section 4046 of this title.
(d)If a participant who has at least 18 months of civilian service credit toward retirement under the System dies before retirement or other separation from the Service and is not survived by a spouse, or a former spouse who is the natural or adoptive parent of a surviving child of the annuitant, but by a child or children, each surviving child shall be entitled to an annuity computed in accordance with subsections (c)(2) and (d) of section 4046 of this title.
(e)If, at the time of his or her death, the participant had less than 20 years of service credit toward retirement under the System, the annuity payable in accordance with subsection (b) shall be computed in accordance with section 4046 of this title on the assumption he or she has had 20 years of service, except that the additional service credit that may accrue to a deceased participant under this subsection shall in no case exceed the difference between his or her age on the date of death and age 60. In all cases arising under this subsection or subsection (b), (c), (d), or (g), it shall be assumed that the deceased participant was qualified for retirement on the date of death.
(f)If an annuitant entitled to a reduced annuity dies in service after being recalled under section 3948 of this title and is survived by a spouse or former spouse entitled to a survivor annuity based on the service of such annuitant, such survivor annuity shall be computed as if the recall service had otherwise terminated on the day of death and the annuity of the deceased had been resumed in accordance with section 4063 of this title. If such death occurs after the annuitant had completed sufficient recall service to attain eligibility for a supplemental annuity, a surviving spouse or surviving former spouse who was married to the participant at any time during a period of recall service shall be entitled to elect, in addition to any other benefits and in lieu of a refund of retirement contributions made during the recall service, a supplemental survivor annuity computed and paid under section 4046(i) of this title as if the recall service had otherwise terminated. If the annuitant had completed sufficient recall service to attain eligibility to have his or her annuity determined anew, a surviving spouse or such a surviving former spouse may elect, in lieu of any other survivor benefit under this subchapter, to have the rights of the annuitant redetermined and to receive a survivor annuity computed under subsection (b) on the basis of the total service of the annuitant.
(g)Notwithstanding subsection (b), if the participant or former participant had a former spouse qualifying for an annuity under section 4054(b) of this title, the annuity of the spouse under this section shall be subject to the limitation of section 4046(b)(3)(B) of this title.
(h)Annuities that become payable under this section shall commence, terminate, and be resumed in accordance with subsection (b)(4), (e), or (h) of section 4046 of this title, as appropriate.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Subsecs. (c), (d). Pub. L. 100–238, § 214(b), inserted “or a former spouse who is the natural or adoptive parent of a surviving child of the annuitant,” after “spouse”. Subsec. (e). Pub. L. 100–238, § 215(b), substituted “60” for “65”. 1986—Subsec. (a). Pub. L. 99–335, § 402(c), substituted “part” for “chapter”. Subsec. (b). Pub. L. 99–335, § 402(a)(2), substituted “part” for “subchapter”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 AmendmentAmendment by Pub. L. 100–238 effective 90 days after Jan. 8, 1988, see section 261(a) of Pub. L. 100–238, set out as a note under section 4054 of this title.

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.

Reference

Citations & Metadata

Citation

22 U.S.C. § 4049

Title 22 — Foreign Relations and Intercourse

Last Updated

Apr 6, 2026

Release point: 119-73