§4153 Conversion to Senior Foreign Service

Summary

Foreign Service officers and Reserve officers who, on February 15, 1981, were serving at class 2 or higher may send a written request to the Secretary within 120 days after that date asking to be placed in the Senior Foreign Service. A Reserve officer with limited tenure who asks must be given a limited Senior Foreign Service appointment unless the Secretary finds the officer is not available for worldwide assignment. A regular Foreign Service officer, or a Reserve officer with unlimited tenure, who asks must be recommended to the President for a career appointment (with Senate approval). If a request is made after the 120-day window but within three years of February 15, 1981, the Secretary may still grant or recommend appointment, subject to the worldwide-availability rules and other promotion rules consistent with subchapter VI. Appointments go to the appropriate class under section 3962. Any eligible officer who either does not apply within 120 days, or who applies late and is not appointed for reasons other than failing the worldwide-availability condition, cannot stay in the Foreign Service more than three years after February 15, 1981. During those three years they are treated like Senior Foreign Service members for most rules, but they cannot compete for performance pay under section 3965 or get a limited career extension under section 4007(b). If they leave and are in the Foreign Service Retirement and Disability System, they get retirement benefits the same as someone retired from the Senior Foreign Service under section 4007(c)(1), and section 4009(a)(2)(B) applies.