PRIA, Government Policy, Made Personal

Summary

People who finish an assignment under section 3942(b) in a job they were appointed to by the President and are not already eligible to retire must be put back in a job within 90 days after the assignment and any authorized leave end. If the Secretary of State finds reassignment would hurt the Foreign Service, the person must be retired and get retirement benefits under section 4046 or 4071d. If a person who is already eligible to retire finishes that assignment and is not reassigned within 90 days after the assignment and leave end, they must be retired and get benefits under section 4046 or 4071d. If someone retired under the Secretary-of-State rule and later returns to federal work, any future retirement must follow the rules of the retirement system that applies to that employment.

Title 22, §4053

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Reassignment or retirement of participants not eligible for retirement

A participant, who completes an assignment under section 3942(b) of this title in a position to which the participant was appointed by the President, and is not otherwise eligible for retirement—

(1)shall be reassigned within 90 days after the termination of such assignment and any period of authorized leave, or

(2)if the Secretary of State determines that reassignment is not in the interest of the Foreign Service, shall be retired from the Service and receive retirement benefits in accordance with section 4046 or 4071d of this title, as appropriate.

(b)Retirement of participants eligible for retirement

A participant who completes an assignment under section 3942(b) of this title in a position to which the participant was appointed by the President and is eligible for retirement and is not reassigned within 90 days after the termination of such assignment and any period of authorized leave, shall be retired from the Service and receive retirement benefits in accordance with section 4046 of this title or section 4071d of this title, as appropriate.

(c)Retirement of reemployed participants

A participant who is retired under subsection (a)(2) and is subsequently employed by the United States Government, thereafter, shall be eligible to retire only under the terms of the applicable retirement system.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Pub. L. 103–236 added subsecs. (a) to (c) and struck out former subsecs. (a) to (c) which read as follows: “(a) Except as provided under subsection (b) of this section, a participant, who completes an assignment under section 3942(b) of this title in a position to which he or she was appointed by the President, shall be offered reassignment within 90 days after the termination of such assignment and any period of authorized leave. “(b) Subsection (a) of this section shall not apply with respect to a participant, if the Secretary of State determines that reassignment of the participant is not in the interest of the United States and the Foreign Service. “(c) A participant who is not reassigned under subsection (a) of this section shall be retired from the Service and receive retirement benefits in accordance with section 4046 or 4071d of this title, as appropriate.” 1991—Pub. L. 102–138 inserted “Reassignment and” in section catchline and amended text generally. Prior to amendment, text read as follows: “If a participant completes an assignment under section 3942(b) of this title in a position to which he or she was appointed by the President and has not been reassigned within 3 months after the termination of such assignment (plus any period of authorized leave), the participant shall be retired from the Service and receive retirement benefits in accordance with section 4046 of this title.”

§4053 Reassignment and Retirement of Former Presidential Appointees

Summary

Title 22, §4053

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata