§ 4156. — Preservation of status and 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: 22USC4156]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER XII--TRANSITION
Sec. 4156. Preservation of status and benefits
(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.
(Pub. L. 96-465, title II, Sec. 2106, Oct. 17, 1980, 94 Stat. 2151.)
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, as amended,
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, Sec. 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.
Section Referred to in Other Sections
This section is referred to in section 4152 of this title.
