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Title 22 — Foreign Relations and IntercourseRelease 119-73not60

§4048 Retirement for Disability or Incapacity

Title 22 › Chapter 52— FOREIGN SERVICE › Subchapter VIII— FOREIGN SERVICE RETIREMENT AND DISABILITY › Part I— Foreign Service Retirement and Disability System › § 4048

Last updated Apr 5, 2026|Official source

Summary

People who have at least 5 years of retirement credit (military service does not count) and who become totally disabled by disease, illness, or injury not caused by bad habits, drunkenness, or willful misconduct can be retired and given an annuity figured under section 4046. If they have under 20 years of credit, the annuity is worked out as if they had 20 years, but the extra credited years cannot exceed the number of years between their age at retirement and age 60. If the person gets military retired or retainer pay (except pay described in 5 U.S.C. 8332(c)(1) or (2)) or a VA pension or compensation instead of that military pay, the extra credit and military service are left out of the annuity calculation. If the annuity so figured plus the military/VA payments is less than the annuity they would have gotten without that exclusion, the annuity is increased by the difference. Before retirement, the person must have a physical exam by doctors chosen by the Secretary of State, and the Secretary decides disability based on those doctors’ advice. If the disability is not permanent, yearly exams are required until age 60. If doctors say the person has recovered, the person has 1 year from that recovery date to apply for reinstatement or reappointment. The annuity continues until 6 months after the recovery exam or until the person is reinstated, whichever comes first. Exam fees and travel costs are paid from the Fund. If the annuitant refuses required exams, payments stop until disability is proven. If a recovered annuitant is not put back in the Service, they are treated as separated under sections 4050 or 4055 and may choose voluntary retirement under section 4051 if eligible. A person cannot get an annuity for the same period and workers’ compensation under chapter 81 at the same time, except they may receive scheduled disability payments under 5 U.S.C. 8107. A lump-sum award under 5 U.S.C. 8135 does not cancel annuity rights, but any part of that lump sum that covers time after the annuity starts must be repaid to the Department of Labor or deducted from the annuity. Claims must be filed with the Secretary of State before separation or within 1 year after; the Secretary may waive this 1-year limit for someone who was mentally incompetent, but then the claim must be filed within 1 year after competency is restored or a fiduciary is appointed.

Full Legal Text

Title 22, §4048

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)Any participant who has at least 5 years of service credit toward retirement under the System (excluding military and naval service) and who becomes totally disabled or incapacitated for useful and efficient service by reason of disease, illness, or injury (not due to vicious habits, intemperance, or willful conduct of the participant) shall, upon his or her own application or upon order of the Secretary, be retired on an annuity computed as prescribed in section 4046 of this title. If the disabled or incapacitated participant has less than 20 years of service credit toward retirement under the System at the time of retirement, his or her annuity shall be computed on the assumption that the participant has had 20 years of service, except that the additional service credit that may accrue to a participant under this sentence shall in no case exceed the difference between his or her age at the time of retirement and age 60. However, if a participant retiring under this section is receiving retired pay or retainer pay for military service (except that specified in section 8332(c)(1) or (2) of title 5) or Department of Veterans Affairs pension or compensation in lieu of such retired or retainer pay, the annuity of that participant shall be computed under this part excluding extra credit authorized by this subsection and excluding credit for military service from that computation. If the amount of the annuity so computed, plus the retired or retainer pay which is received, or which would be received but for the application of the limitation in section 5532 11 See References in Text note below. of title 5 or the Department of Veterans Affairs pension or compensation in lieu of such retired pay or retainer pay, is less than the annuity that would be payable under this part in the absence of the previous sentence, an amount equal to the difference shall be added to the annuity computed under this part.
(b)Before being retired under this section, the participant shall be given a physical examination by one or more duly qualified physicians or surgeons designated by the Secretary of State to conduct examinations. Disability or incapacity shall be determined by the Secretary of State on the basis of the advice of such physicians or surgeons. Unless the disability or incapacity is permanent, like examinations shall be made annually until the annuitant has attained age 60. If the Secretary of State determines on the basis of the advice of one or more duly qualified physicians or surgeons conducting such examinations that an annuitant has recovered to the extent that he or she can return to duty, the annuitant may apply for reinstatement or reappointment in the Service within 1 year from the date recovery is determined. Upon application, the Secretary shall reinstate such recovered annuitant in the class in which the annuitant was serving at time of retirement, or the Secretary may, taking into consideration the age, qualifications, and experience of such annuitant, and the present class of his or her contemporaries in the Service, appoint or recommend that the President appoint the annuitant to a higher class. Payment of the annuity shall continue until a date 6 months after the date of the examination showing recovery or until the date of reinstatement or reappointment in the Service, whichever is earlier. Fees for examinations under this section, together with reasonable traveling and other expenses incurred in order to submit to examination, shall be paid out of the Fund. If the annuitant fails to submit to examination as required under this subsection, payment of the annuity shall be suspended until continuance of the disability or incapacity is satisfactorily established.
(c)If a recovered annuitant whose annuity is discontinued is for any reason not reinstated or reappointed in the Service, he or she shall be considered to have been separated within the meaning of section 4050 of this title as of the date of retirement for disability or incapacity and shall, after the discontinuance of the annuity, be entitled to the benefits of that section or of section 4055 of this title, except that he or she may elect voluntary retirement if eligible under section 4051 of this title.
(d)No participant shall be entitled to receive an annuity under this part and compensation for injury or disability to himself or herself under subchapter I of chapter 81 of title 5, covering the same period of time, except that a participant may simultaneously receive both an annuity under this section and scheduled disability payments under section 8107 of title 5. This subsection shall not bar the right of any claimant to the greater benefit conferred by either this part or subchapter I of such chapter 8 22 So in original. Probably should be chapter “81”. for any part of the same period of time. Neither this subsection nor any provision of subchapter I of such chapter 8 2 shall be construed to deny the right of any participant to receive an annuity under this part and to receive concurrently any payment under subchapter I of such chapter 8 2 by reason of the death of any other individual.
(e)Notwithstanding any other law, the right of any individual entitled to an annuity under this part shall not be affected because such person has received an award of compensation in a lump sum under section 8135 of title 5, except that where such annuity is payable on account of the same disability for which compensation under such section has been paid, so much of such compensation as has been paid for any period extended beyond the date such annuity becomes effective, as determined by the Secretary of Labor, shall be refunded to the Department of Labor, to be paid into the Federal Employees’ Compensation Fund. Before such individual receives such annuity, he or she shall—
(1)refund to the Department of Labor the amount representing such commuted payments for such extended period, or
(2)authorize the deduction of such amount from the annuity payable under this part, which amount shall be transmitted to the Department of Labor for reimbursement to such Fund.
(f)A claim may be allowed under this section only if the application is filed with the Secretary of State before the participant is separated from the Service or within one year thereafter. This time limitation may be waived by the Secretary of State for a participant who at the date of separation from the Service or within one year thereafter is mentally incompetent, if the application is filed with the Secretary of State within one year from the date of restoration of the participant to competency or the appointment of a fiduciary, whichever is earlier.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Section 5532 of title 5, referred to in subsec. (a), was repealed by Pub. L. 106–65, div. A, title VI, § 651(a)(1), Oct. 5, 1999, 113 Stat. 664.

Amendments

1991—Subsec. (a). Pub. L. 102–54 substituted “Department of Veterans Affairs” for “Veterans’ Administration” in two places in second par. 1988—Subsecs. (a), (b). Pub. L. 100–238 substituted “60” for “65”. 1986—Subsec. (a). Pub. L. 99–335, § 402(a)(2), substituted “part” for “subchapter” in three places. Subsec. (d). Pub. L. 99–335, § 402(b)(1), substituted “subchapter I of such chapter 8” for “such subchapter” in three places and “part” for “chapter” in three places. Subsec. (e). Pub. L. 99–335, § 402(b)(2), substituted “part” for “chapter” in two places. 1981—Subsec. (a). Ex. Ord. No. 12289 added second par. relating to computation of annuity for participant retiring under this section and receiving retired or retainer pay.

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.

Effective Date

of 1981 AmendmentAmendment by Ex. Ord. No. 12289 effective Feb. 15, 1981, see section 3 of Ex. Ord. No. 12289, set out under section 4067 of this title.

Reference

Citations & Metadata

Citation

22 U.S.C. § 4048

Title 22 — Foreign Relations and Intercourse

Last Updated

Apr 5, 2026

Release point: 119-73not60