§4007 Retirement for Expiration of Time in Class

Summary

The Secretary must set rules that limit how long career Foreign Service members can stay in a pay class. The rules must cover career members of the Senior Foreign Service (not less than 3 years), Foreign Service officers, and other career members in job categories the Secretary names who share those pay classes. Limits can apply to a single class or a combination of classes. The Secretary can raise or lower those limits. If a limit is lowered, affected members must be allowed to stay at least as long as the shorter of (a) the time they would have had before the change or (b) a minimum period the Secretary decides is needed to give others a fair chance at promotion. When a member’s time limit ends, different rules apply. If the time ends after they reached the highest pay class for their category, or for certain Senior Foreign Service classes, they may get limited extensions of up to 5 years, given or renewed based on selection board recommendations, and they remain career members. If they are not promoted and get no extension, or their extension ends and is not renewed, they must be retired and receive retirement benefits. If they hold a presidential appointment confirmed by the Senate, their career appointment continues until that appointment ends. The Secretary can also give one-year temporary extensions in special public-interest cases.