Title 22, Foreign Relations and IntercourseRelease 119-110

§4156 Preservation of Status and Benefits

Title 22 › CHAPTER 52 — FOREIGN SERVICE › SUBCHAPTER XII — TRANSITION › § 4156

Last updated Sep 22, 2026|Official source

Summary

People who are moved into a new job under this law must be put into the class, grade, and pay step that most closely matches what they had right before the move. The move cannot make them lose class, grade, or basic pay. If someone is moved into the competitive service under section 4154, the job they hold (or any later job they are placed into without asking) will be treated as the matching grade for as long as they keep that job. People will also get an appointment type that most closely matches their prior tenure, but this does not lengthen any limited appointment or previous time-in-class. People already in the Foreign Service Retirement and Disability System get an extra 120 days of coverage after they would otherwise stop. During those 120 days they can choose in writing to stay in the Foreign Service system instead of moving to the Civil Service system if they work for an agency allowed to use the Foreign Service personnel system. If they do not choose, they move to the Civil Service system and their contributions are transferred. A Foreign Service Reserve officer with limited tenure and reemployment rights has the same 120-day choice and transfer. Anyone serving on February 15, 1981, in the Foreign Service or in a position continued by this chapter can keep serving without being reappointed. A Foreign Service career appointee who was serving on October 17, 1980, and who was not covered by section 633(a)(2) before February 15, 1981, cannot be retired under section 4008 until 10 years after February 15, 1981, or until they first become eligible for an immediate annuity under subchapter VIII, whichever happens first.

Full Legal Text

Title 22, §4156

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Conversion to class, grade, or step corresponding to level prior to conversion; reduction in position or salary; conversion from Foreign Service under section 4154 of this title
(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)Participation in Foreign Service Retirement and Disability System
(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)Conversion to type of appointment corresponding in tenure to that prior to conversion
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)Reappointment resulting from enactment of Foreign Service Act of 1980
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)Deferment of retirement provisions
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,
may not be retired under section 4008 of this title until 10 years after February 15, 1981, or when such individual first becomes eligible for an immediate annuity under subchapter VIII of this chapter, whichever occurs first.

Legislative History

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.

Reference

Citations & Metadata

Citation

22 U.S.C. § 4156

Title 22, Foreign Relations and Intercourse

Last Updated

Sep 22, 2026

Release point: 119-110