§4156 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Keeps a person’s job grade and pay from getting worse when they are converted under this law. If someone is moved to the competitive service under section 4154, their new job (or any later job they are placed in, unless they asked for the change) is treated as being at the grade that matches the class they held right before conversion, for as long as they hold that job. Lets people who were in the Foreign Service retirement system keep that coverage for 120 days after they would otherwise lose it. During those 120 days they can choose in writing to stay in the Foreign Service retirement system if they work for an agency that uses Foreign Service personnel; if they do not choose, they join the Civil Service retirement system and their contributions move over. A similar 120-day choice applies to certain Foreign Service Reserve officers with limited tenure who have reemployment rights. Converts get the type of appointment that most closely matches their prior tenure, but conversion does not extend any limited appointment time or time-in-class. People serving on February 15, 1981 under a Foreign Service appointment or a continued position may keep serving without a new appointment. Paragraph (e) names certain career appointees on October 17, 1980, and who were not subject to section 633(a)(2) immediately before February 15, 1981.

Title 22, §4156

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)(1)Every individual who is converted under this subchapter shall be converted to the class or grade and pay rate that most closely corresponds to the class or grade and step at which the individual was serving immediately before conversion. No conversion under this subchapter shall cause any individual to incur a reduction in his or her class, grade, or basic rate of salary.

(2)An individual converted under section 4154 of this title to a position in the competitive service shall be entitled to have that position, or any other position to which the individual is subsequently assigned (other than at the request of the individual), be considered for all purposes as at the grade which corresponds to the class in which the individual served immediately before conversion so long as the individual continues to hold that position.

(b)(1)Any participant in the Foreign Service Retirement and Disability System who would, but for this paragraph, participate in the Civil Service Retirement and Disability System by virtue of conversion under this subchapter shall remain a participant in the Foreign Service Retirement and Disability System for 120 days after participation in the Foreign Service Retirement and Disability System would otherwise cease. During such 120-day period, the individual may elect in writing to continue to participate in the Foreign Service Retirement and Disability System instead of the Civil Service Retirement and Disability System so long as he or she is employed in an agency which is authorized to utilize the Foreign Service personnel system. If such an election is not made, the individual shall then be covered by the Civil Service Retirement and Disability System and contributions made by the participant to the Foreign Service Retirement and Disability Fund shall be transferred to the Civil Service Retirement and Disability Fund.

(2)Any Foreign Service Reserve officer with limited tenure who has reemployment rights to a personnel category in the Foreign Service in which he or she would be a participant in the Foreign Service Retirement and Disability System and who would, but for this paragraph, continue to participate in the Civil Service Retirement and Disability System by virtue of conversion under section 4154 of this title may elect, during the 120-day period beginning on the date of such conversion, to become a participant in the Foreign Service Retirement and Disability System so long as he or she is employed in an agency which is authorized to utilize the Foreign Service personnel system. If such an election is made, the individual shall be transferred to the Foreign Service Retirement and Disability System and contributions made by that individual to the Civil Service Retirement and Disability Fund shall be transferred to the Foreign Service Retirement and Disability Fund.

(c)Individuals who are converted under this subchapter shall be converted to the type of appointment which corresponds most closely in tenure to the type of appointment under which they were serving immediately prior to such conversion, except that this subchapter shall not operate to extend the duration of any limited appointment or previously applicable time in class.

(d)Any individual who on February 15, 1981, is serving—

(1)under an appointment in the Foreign Service, or

(2)in any other office or position continued by this chapter, may continue to serve under such appointment, subject to the provisions of this chapter, and need not be reappointed by virtue of the enactment of this chapter.

(e)Any individual in the Foreign Service—

(1)who is serving under a career appointment on October 17, 1980, and

(2)who was not subject to section 633(a)(2) of the Foreign Service Act of 1946 immediately before February 15, 1981,

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (d), was in the original “this Act”, meaning Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, known as the Foreign Service Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 3901 of this title and Tables. section 633(a)(2) of the Foreign Service Act of 1946, referred to in subsec. (e)(2), which was classified to section 1003(a)(2) of this title, was repealed by Pub. L. 96–465, title II, § 2205(1), Oct. 17, 1980, 94 Stat. 2159. Codification In subsecs. (d) and (e), “February 15, 1981” substituted for “the

Effective Date

of this Act” pursuant to section 2403 of Pub. L. 96–465, set out as an

Effective Date

note under section 3901 of this title.

§4156 Preservation of Status and Benefits

Summary

Title 22, §4156

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Effective Date

Effective Date

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