§ 4009. — Retirement benefits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4009]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER VI--PROMOTION AND RETENTION
Sec. 4009. Retirement benefits
(a) Entitlement
A member of the Service--
(1) who is retired under section 4007(c)(2) of this title; or
(2) who is retired under section 4007(c)(1) or 4008(b) or 4010a
of this title--
(A) after becoming eligible for voluntary retirement under
section 4051 of this title or any other applicable provision of
chapter 84 of title 5, or
(B) from the Senior Foreign Service or while assigned to
class 1 in the Foreign Service Schedule,
shall receive retirement benefits in accordance with section 4046 of
this title or section 4071d of this title, as appropriate.
(b) Computation of amount; refund; death of member
Any member of the Service (other than a member to whom subsection
(a) of this section applies) who is retired under section 4007(c)(1) or
4008(b) or 4010a of this title shall receive--
(1) one-twelfth of a year's salary at his or her then current
salary rate for each year of service and proportionately for a
fraction of a year, but not exceeding a total of one year's salary
at his or her then current salary rate, payable without interest
from the Foreign Service Retirement and Disability Fund in 3 equal
installments, such installments to be paid on January 1 of each of
the first 3 calendar years beginning after the retirement of the
member (except that in special cases, the Secretary of State may
accelerate or combine such installments); and
(2)(A) for those participants in the Foreign Service Retirement
and Disability System, a refund as provided in section 4055 of this
title of the contributions made by the member to the Foreign Service
Retirement and Disability Fund, except that in lieu of such refund a
member who has at least 5 years of service credit toward retirement
under the Foreign Service Retirement and Disability System
(excluding military and naval service) may elect to receive an
annuity, computed under section 4046 of this title, commencing at
age 60; and (B) for those participants in the Foreign Service
Pension System, benefits as provided in section 4071 of this title.
In the event that a member of the Service has elected to receive
retirement benefits under paragraph (2) and dies before reaching age 60
(for participants in the Foreign Service Retirement and Disability
System) or age 62 (for participants in the Foreign Service Pension
System), his or her death shall be considered a death in service within
the meaning of section 4049 of this title.
(Pub. L. 96-465, title I, Sec. 609, Oct. 17, 1980, 94 Stat. 2098; Pub.
L. 103-236, title I, Sec. 181(a)(3), Apr. 30, 1994, 108 Stat. 417; Pub.
L. 105-277, div. G, subdiv. B, title XXIII, Sec. 2312(a), Oct. 21, 1998,
112 Stat. 2681-827.)
Amendments
1998--Subsec. (a). Pub. L. 105-277, Sec. 2312(a)(2), inserted ``or
section 4071d of this title, as appropriate'' after ``section 4046 of
this title'' in concluding provisions.
Subsec. (a)(2)(A). Pub. L. 105-277, Sec. 2312(a)(1), inserted ``or
any other applicable provision of chapter 84 of title 5'' after
``section 4051 of this title''.
Subsec. (b). Pub. L. 105-277, Sec. 2312(a)(4), inserted ``(for
participants in the Foreign Service Retirement and Disability System) or
age 62 (for participants in the Foreign Service Pension System)'' after
``age 60'' in concluding provisions.
Subsec. (b)(2). Pub. L. 105-277, Sec. 2312(a)(3), designated
existing provisions as subpar. (A), inserted ``for those participants in
the Foreign Service Retirement and Disability System,'' before ``a
refund'', and added subpar. (B).
1994--Subsecs. (a)(2), (b). Pub. L. 103-236 inserted ``or 4010a''
after ``4008(b)''.
Effective Date of 1998 Amendment
Pub. L. 105-277, div. G, subdiv. B, title XXIII, Sec. 2312(c), Oct.
21, 1998, 112 Stat. 2681-827, provided that:
``(1) In general.--Except as provided in paragraph (2), the
amendments made by this section [amending this section and section 4071d
of this title] shall take effect on the date of the enactment of this
Act [Oct. 21, 1998].
``(2) Exceptions.--The amendments made by paragraphs (2) and (3) of
subsection (a) and paragraphs (1)(A) and (2) of subsection (b) [amending
this section and section 4071d of this title] shall apply with respect
to any actions taken under section 611 of the Foreign Service Act of
1980 [22 U.S.C. 4010a] on or after January 1, 1996.''
Special Annuity for Certain Foreign Service Officers
Pub. L. 95-105, title IV, Sec. 411, Aug. 17, 1977, 91 Stat. 855, as
amended by Pub. L. 95-426, title IV, Sec. 412(b), Oct. 7, 1978, 92 Stat.
981, provided that:
``(a) Subject to the conditions established in subsection (b), any
Foreign Service officer--
``(1) who was retired under section 633(a)(1) of the Foreign
Service Act of 1946 [former section 1003(a)(1) of this title, see
section 4007(a) of this title] before the date of enactment of this
section, [Aug. 17, 1977];
``(2) who was not in class 1, 2, or 3 at the time of retirement;
``(3) who was 40 years of age or older at the time of
retirement; and
``(4) who had at least 20 years of service, exclusive of credit
for unused sick leave, creditable for purposes of section 821 of
such Act [former section 1076 of this title, see section 4046 of
this title] at the time of retirement;
shall be entitled to receive retirement benefits in accordance with the
provisions of such section 821 [former section 1076 of this title, see
section 4046 of this title] in lieu of any retirement benefits which the
officer may be entitled to elect under section 634(b)(2) of such Act
[former section 1004(b)(2) of this title, see subsec. (b)(2) of this
section]. Such retirement benefits shall be paid from the Foreign
Service Retirement and Disability Fund and shall be effective on the
date the officer reaches age 50, the date of enactment of this section
[Aug. 17, 1977], or October 1, 1977, whichever date is latest.
``(b) Retirement benefits may not be paid under this section unless
(1) any refund of contributions paid to the officer under section
634(b)(2) of the Foreign Service Act of 1946 [former section 1004(b)(2)
of this title, see subsec. (b)(2) of this section] is repaid to the
Foreign Service Retirement and Disability Fund, with interest, in
accordance with sections 811(d) and (f) of such Act [former section
1071(d) and (f) of this title, see section 4045(d) and (f) of this
title]; and (2) the service forming the basis for such retirement
benefits is not used as the basis for any other retirement benefits
under any retirement system.
``(c) In the event that an officer who is entitled to retirement
benefits under this section dies before reaching the age of fifty, but
after the date of enactment of this section [Aug. 17, 1977], his or her
death shall be considered a death in service within the meaning of
section 832 of the Foreign Service Act of 1946 [former section 1082 of
this title, see section 4049 of this title], except that no survivor's
annuity (other than a survivor's annuity which would be payable under
the first complete sentence in section 634(b)(2) of such Act [former
section 1004(b)(2) of this title, see subsec. (b)(2) of this section]
but for the enactment of this section) shall become effective before
October 1, 1977.
``(d) An officer entitled to retirement benefits under this section
may make the election described in section 821(b) or (f), as
appropriate, of the Foreign Service Act of 1946 [former section 1076(b)
or (f) of this title, see section 4046(b) and (f) of this title] at any
time before reaching the age of fifty or before the end of the sixty-day
period beginning on the date of enactment of this section [Aug. 17,
1977], whichever is later.''
Section Referred to in Other Sections
This section is referred to in sections 4007, 4008, 4010a, 4047,
4060, 4153 of this title; title 5 sections 5545a, 5595, 8501.
