Title 22 — Foreign Relations and IntercourseRelease 119-73
§4071c Creditable service
Title 22 › Chapter CHAPTER 52— - FOREIGN SERVICE › Subchapter SUBCHAPTER VIII— - FOREIGN SERVICE RETIREMENT AND DISABILITY › Part Part II— - Foreign Service Pension System › § 4071c
Summary
Lists what kinds of past work count as creditable service for the Foreign Service retirement fund. It covers three main kinds: service as a participant after December 31, 1986; service where special deductions under section 204(a)(2) of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983 were taken; and, with some limits, civilian work done before January 1, 1989 that would have counted if not for a 1986 change in the rules. If someone already got a refund for that pre-1989 service, or if no retirement deductions were taken then, the person must put into the Fund an amount equal to 1.3 percent of the basic pay for that service plus interest. The interest is figured under section 4045(d) and State Department rules. It also allows credit for certain prior volunteer work: Peace Corps volunteers, volunteers under part A of title VIII of the Economic Opportunity Act of 1964, and full‑time volunteers of at least one year under the Domestic Volunteer Service Act. The Secretary of State decides payment amounts and interest for those. Service under the Federal Employees’ Retirement System (chapter 84, title 5) or the CIA retirement (title III) can count only if the person gives up credit under that other system and pays into the Fund what was originally deducted plus interest. If a participant is on approved leave without pay to work full time for a Member or office of Congress, they must keep contributing based on their Foreign Service pay and the employing office must make the matching contribution under section 4071f(a); those paid leave periods count only for this System unless all retirement credit is moved.
Full Legal Text
Title 22, §4071c
Foreign Relations and Intercourse — Source: USLM XML via OLRC
(a)For purposes of this part, creditable service of a participant includes—
(1)service as a participant after December 31, 1986;
(2)service with respect to which deductions and withholdings under section 204(a)(2) of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983 have been made; and
(3)except as provided in subsection (b), any civilian service performed before January 1, 1989 (other than service under paragraph (1) or (2)), which, but for the amendment made by section 414 of the Federal Employees’ Retirement System Act of 1986, would be creditable under part I (determined without regard to any deposit or redeposit requirement under such part, subchapter III of chapter 83 of title 5 (the Civil Service Retirement System), or title II of the Central Intelligence Agency Retirement Act (50 U.S.C. 2011 et seq.), any requirement that the individual become subject to such part, subchapter, or title after performing the service involved, or any requirement that the individual give notice in writing to the official by whom such individual is paid of such individual’s desire to become subject to such part, subchapter, or title).
(b)(1)A participant who has received a refund of retirement deductions under part I with respect to any service described in subsection (a)(3) may not be allowed credit for such service under this part unless such participant deposits into the Fund an amount equal to 1.3 percent of basic pay for such service, with interest.
(2)A participant may not be allowed credit under this part for any service described in subsection (a)(3) for which retirement deductions under part I have not been made, unless such participant deposits into the Fund an amount equal to 1.3 percent of basic pay for such service, with interest.
(3)Interest under paragraph (1) or (2) shall be computed in accordance with section 4045(d) of this title and regulations issued by the Secretary of State.
(c)(1)Credit shall be given under this System to a participant for a period of prior satisfactory service as—
(A)a volunteer or volunteer leader under the Peace Corps Act (22 U.S.C. 2501 et seq.),
(B)a volunteer under part A of title VIII of the Economic Opportunity Act of 1964, or
(C)a full-time volunteer for a period of service of at least 1 year’s duration under part A, B,11 See References in Text note below. or C of title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.),
(2)The amount of such payments shall be determined in accordance with regulations of the Secretary of State consistent with regulations for making corresponding determinations under chapter 83, title 5, together with interest determined under regulations issued by the Secretary of State.
(d)Credit shall be given under this System to a participant for a period of prior service under the Federal Employees’ Retirement System (described in chapter 84 of title 5) or under title III of the Central Intelligence Agency Retirement Act (50 U.S.C. 2151 et seq.) if the participant waives credit under the other retirement system and makes a payment to the Fund equal to the amount which was deducted and withheld from the individual’s basic pay under the other retirement system during the prior creditable service under the other retirement system together with interest on such amount computed in accordance with regulations issued by the Secretary of State.
(e)A participant who, while on approved leave without pay, serves as a full-time paid employee of a Member or office of the Congress shall continue to make contributions to the Fund based upon the Foreign Service salary rate that would be in effect if the participant were in a pay status. The participant’s employing Member or office in the Congress shall make a contribution (from the appropriation or fund which is used for payment of the salary of the participant) determined under section 4071f(a) of this title to the Treasury of the United States to the credit of the Fund. All periods of service for which full contributions to the Fund are made under this subsection shall be counted as creditable service for purposes of this part and shall not, unless all retirement credit is transferred, be counted as creditable service under any other Government retirement system.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
section 204(a)(2) of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983, referred to in subsec. (a)(2), is section 204(a)(2) of Pub. L. 98–168, which is set out as a note under section 8331 of Title 5, Government Organization and Employees. section 414 of the Federal Employees’ Retirement System Act of 1986, referred to in subsec. (a)(3), is section 414 of Pub. L. 99–335, title IV, June 6, 1986, 100 Stat. 614, which amended section 4043 of this title. The Central Intelligence Agency Retirement Act, referred to in subsecs. (a)(3) and (d), is Pub. L. 88–643, as revised generally by Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3196. Titles II and III of the Act are classified generally to subchapters II (§ 2011 et seq.) and III (§ 2151 et seq.), respectively, of chapter 38 of Title 50, War and National Defense. For complete classification of this Act to the Code, see
Short Title
note set out under section 2001 of Title 50 and Tables. The Peace Corps Act, referred to in subsec. (c)(1)(A), is Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, which is classified principally to chapter 34 (§ 2501 et seq.) of this title. For complete classification of this Act to the Code, see
Short Title
note set out under section 2501 of this title and Tables. The Economic Opportunity Act of 1964, referred to in subsec. (c)(1)(B), is Pub. L. 88–452, Aug. 20, 1964, 73 Stat. 508. Part A of title VIII of the Act is part A of title VIII of Pub. L. 88–452, as added by Pub. L. 90–222, title I, § 110, Dec. 23, 1967, 81 Stat. 722, which was classified generally to part A (§ 2992 et seq.) of subchapter VIII of chapter 34 of Title 42, The Public Health and Welfare, prior to its repeal by Pub. L. 93–113, title VI, § 603, Oct. 1, 1973, 87 Stat. 417. See section 4951 et seq., 5042(13)(A), and 5055 of Title 42. The Domestic Volunteer Service Act of 1973, referred to in subsec. (c)(1)(C), is Pub. L. 93–113, Oct. 1, 1973, 87 Stat. 394. Parts A and C of title I of the Act are classified generally to parts A (§ 4951 et seq.) and C (§ 4991 et seq.), respectively, of subchapter I of chapter 66 of Title 42, The Public Health and Welfare. Part B of title I of the Act, which had been classified generally to part B (§ 4971 et seq.) of subchapter I of chapter 66 of Title 42, was repealed by Pub. L. 111–13, title II, § 2121, Apr. 21, 2009, 123 Stat. 1584. For complete classification of this Act to the Code, see
Short Title
note set out under section 4950 of Title 42 and Tables.
Amendments
2000—Subsec. (c)(1). Pub. L. 106–346, in concluding provisions, substituted “
December 31, 2000” for “
December 31, 2002”, and in table in concluding provisions, struck out item at end relating to service period
January 1, 2001, to
December 31, 2002. 1997—Subsec. (c). Pub. L. 105–33 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Credit shall be given under this System to a participant for a period of prior satisfactory service as— “(1) a volunteer or volunteer leader under the Peace Corps Act (22 U.S.C. 2501 et seq.), “(2) a volunteer under part A of title VIII of the Economic Opportunity Act of 1964, or “(3) a full-time volunteer for a period of service of at least one year’s duration under part A, B, or C of title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.), if the participant makes a payment to the Fund equal to 3 percent of pay received for the volunteer service (as determined in accordance with
Regulations
of the Secretary of State consistent with
Regulations
for making corresponding determinations under chapter 83, title 5) together with interest determined under
Regulations
issued by the Secretary of State.” 1993—Subsec. (a)(3). Pub. L. 103–178, § 204(b)(1), substituted “the Central Intelligence Agency Retirement Act (50 U.S.C. 2011 et seq.)” for “the Central Intelligence Agency Retirement Act of 1964 for Certain Employees”. Subsec. (d). Pub. L. 103–178, § 204(b)(2)(B), substituted “the Central Intelligence Agency Retirement Act (50 U.S.C. 2151 et seq.)” for “the Central Intelligence Agency Retirement Act of 1964 for Certain Employees”. 1988—Subsec. (e). Pub. L. 100–238 struck out “matching” after “shall make a” and inserted “determined under section 4071f(a) of this title” after “participant)”. 1986—Subsec. (d). Pub. L. 99–556, § 405(a), which directed that subsec. (d) be amended by substituting “which was deducted and withheld from the individual’s basic pay under the other retirement system” for “which would have been deducted from pay under section 4071c(a) of this title had the individual been a participant”, was executed by making the substitution for “which would have been deducted from pay under section 4071e(a) of this title had the individual been a participant”, as the probable intent of Congress. Subsec. (e). Pub. L. 99–556, § 405(b), added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date
of 2000 AmendmentAmendment 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 AmendmentAmendment by Pub. L. 105–33 effective Oct. 1, 1997, see section 7001(f) of Pub. L. 105–33, set out as a note under section 8334 of Title 5, Government Organization and Employees.
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. 99–556 effective Jan. 1, 1987, see section 408 of Pub. L. 99–556, set out as a note under section 4046 of this title. Impact of
Amendments
by Pub. L. 105–33 on Agency Contributions Pub. L. 105–33, title VII, § 7001(e)(2), Aug. 5, 1997, 111 Stat. 662, provided that: “Agency contributions under section 857 of the Foreign Service Act of 1980 (22 U.S.C. 4071f) shall not be reduced as a result of the
Amendments
made under paragraph (1) of this subsection [amending this section and section 4071e of this title].”
Reference
Citations & Metadata
Citation
22 U.S.C. § 4071c
Title 22 — Foreign Relations and Intercourse
Last Updated
Apr 6, 2026
Release point: 119-73