Civil Service and Foreign Service Retirement Systems
Regulations to implement prescribed by Executive order
Federal Employees’ Retirement and Foreign Service Pension Systems
The President shall maintain, under the same conditions and in the same manner as provided in subsections (a) and (b) existing conformity between the Federal Employees’ Retirement System provided in chapter 84 of title 5 and the Foreign Service Pension System provided in part II of this subchapter.
Pub. L. 96–465, title I, § 82794 Stat. 2124 Pub. L. 99–335, title IV, § 411100 Stat. 614 (, , ; , , .)
Editorial Notes
Amendments
Pub. L. 99–3351986—Subsec. (c). added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Pub. L. 99–335section 702(a) of Pub. L. 99–335section 8401 of Title 5Amendment by effective , see , set out as an Effective Date note under , Government Organization and Employees.
Reference to Veterans’ Administration Deemed Reference to Department of Veterans Affairs
Pub. L. 102–54, § 13(h)(2)105 Stat. 275
Construction of Section With Civil Service Retirement Spouse Equity Act of 1984
section 2 of Pub. L. 98–615section 4 of Pub. L. 98–615section 4(h) of Pub. L. 98–615Pub. L. 98–615section 4069–1 of this titlesection 4(h) of Pub. L. 98–615section 8341 of Title 5This section not applicable with respect to either the amendments made by or the provisions of relating to equitable treatment under the Civil Service Retirement System for former spouses, except that, notwithstanding , this section applicable with respect to sections 8339(j) and 8341(e) and (h) of Title 5, Government Organization and Employees, and section 4 (except subsec. (b)) of to the extent that those sections apply to a qualified former wife or husband, see and , set out as an Effective Date of 1984 Amendment note under .
Executive Documents
Recommendations by Secretary of State to President
section 3901 of this titleFor authority for the Secretary of State to make recommendations to the President through the Director of the Office of Management and Budget whenever action is appropriate under this section to maintain existing conformity between the Civil Service Retirement and Disability System and the Foreign Service Retirement and Disability System, see section 3 of Ex. Ord. No. 12293, , 46 F.R. 13969, set out as a note under .
Ex. Ord. No. 12289. Conforming the Foreign Service and Civil Service Retirement and Disability Systems
Pub. L. 102–54, § 13(h)(2)105 Stat. 275 Ex. Ord. No. 12289, , 46 F.R. 12693, as amended by , , , provided:
22 U.S.C. 4067By the authority vested in me as President of the United States of America by Section 827 of the Foreign Service Act of 1980 (), and in order to conform further the Foreign Service Retirement and Disability System to the Civil Service Retirement and Disability System, it is hereby ordered as follows:
Section22 U.S.C. 4066(c)
Section 5532 of title 5“However, if a participant retiring under this section is receiving retired pay or retainer pay for military service (except that specified in Section 8332(c)(1) or (2) of title 5 of the United States Code) or Department of Veterans Affairs pension or compensation in lieu of such retired or retainer pay, the annuity of that participant shall be computed under this chapter excluding extra credit authorized by this subsection and excluding credit for military service from that computation. If the amount of the annuity so computed, plus the retired or retainer pay which is received, or which would be received but for the application of the limitation in of the United States Code, or the Department of Veterans Affairs pension or compensation in lieu of such retired pay or retainer pay, is less than the annuity that would be payable under this chapter in the absence of the previous sentence, an amount equal to the difference shall be added to the annuity computed under this chapter.”.
Sec. 3. The amendments to be deemed made by this Order shall take effect as of .
Ex. Ord. No. 12446. Conforming the Foreign Service and Civil Service Retirement and Disability Systems
Ex. Ord. No. 12446, , 48 F.R. 48443, provided:
22 U.S.C. 4067By the authority vested in me as President of the United States of America by Section 827 of the Foreign Service Act of 1980 () (hereafter referred to as “the Act” [this chapter]), and in order to conform further the Foreign Service Retirement and Disability System to the Civil Service Retirement and Disability System, it is hereby ordered as follows:
SectionInterest Rates, Deposits, Refunds, and Redeposits22 U.S.C. 4045(d)(3)22 U.S.C. 4055(h)22 U.S.C. 4065(a)22 U.S.C. 4059 1. . (a) The second sentence of Section 805(d)(3) of the Act (), the first sentence of Section 815(h) (), and the first sentence of Section 825(a) (), are deemed to be amended to provide that interest shall be compounded at at the annual rate of 3 percent per annum through , and thereafter at a rate equal to the overall average yield to the Fund during the preceding fiscal year from all obligations purchased by the Secretary of the Treasury during such fiscal year under section 819 [], as determined by the Secretary of the Treasury.
22 U.S.C. 4046(a)22 U.S.C. 4045(b) Sections 806(a) and 816(d) of the Act ( and 4056(d)) are deemed to be amended to exclude from the computation of creditable civilian service under section 816(a) of the Act any period of civilian service for which retirement deductions or contributions have not been made under section 805(d) [] of the Act unless—
(1) the participant makes a contribution for such period as provided in such section 805(d); or
(2) no contribution is required for such service as provided under section 805(f) of the Act as deemed to be amended by this Order, or under any other statute.
22 U.S.C. 4055(h)22 U.S.C. 4065(a)(c) The amendments deemed to be made by section 1 of this Order shall apply (i) to contributions for civilian service performed on or after the first day of the month following issuance of this Order [], (ii) to contributions for prior refunds to participants for which application is received by the employing agency on and after such first day of the month, and (iii) to excess contributions under section 815(h) [] and voluntary contributions under section 825(a) [] from the first day of the month following issuance of this Order.
SecRounding Down of Annuities22 U.S.C. 4066(e). 2. . (a) Section 826(e) of the Act () is deemed to be amended by striking out “fixed at the nearest” and inserting in lieu thereof “rounded to the next lowest”.
(b) The amendment deemed to be made by section 2(a) of this Order shall be effective with respect to any adjustment or redetermination of any annuity made on or after the date of this Order [].
SecLater Commencement Date For Certain Annuities.. 3.
shall commence on the day after separation from the Service or the day after pay ceases and the requirements for entitlement to annuity are met.”.
a participant who serves 3 days or less in the month of retirement—(b) The amendment deemed to be made by paragraph 3(a) of this Order shall become effective thirty days after the effective date of this Order [].
SecCredit For Military Service22 U.S.C. 4045. 4. . (a) Section 805 of the Act () is deemed to be amended—
(i) by striking out subsection (e) and substituting the following subsection in lieu thereof:
section 204 of title 37“(e)(1) Each participant who has performed military or naval service before the date of separation on which the entitlement to any annuity under this chapter is based may pay to the Secretary a special contribution equal to 7 percent of the amount of the basic pay paid under of the United States Code, to the participant for each period of military or naval service after December 1956. The amount of such payments shall be based on such evidence of basic pay for military service as the participant may provide or if the Secretary determines sufficient evidence has not been so provided to adequately determine basic pay for military or naval service, such payment shall be based upon estimates of such basic pay provided to the Department under paragraph (4).
“(2) Any deposit made under paragraph (1) of this subsection more than two years after the later of—
“(A) the effective date of this Order, or
“(B) the date on which the participant making the deposit first became a participant in a Federal staff retirement system for civilian employees,—
shall include interest on such amount computed and compounded annually beginning on the date of the expiration of the two-year period. The interest rate that is applicable in computing interest in any year under this paragraph shall be equal to the interest rate that is applicable for such year under subsection (d) of this section.
“(3) Any payment received by the Secretary under this section shall be remitted to the Fund.
“(4) The Secretary of Defense, the Secretary of Transportation, the Secretary of Commerce, or the Secretary of Health and Human Services, as appropriate, shall furnish such information to the Secretary as the Secretary may determine to be necessary for the administration of this subsection.
22 U.S.C. 4045(e)22 U.S.C. 4056(a)22 U.S.C. 4056“(f) Contributions shall only be required to obtain credit for periods of military or naval service to the extent provided under section 805(e) [] and section 816(a) [], except that credit shall be allowed in the absence of contributions to individuals of Japanese ancestry under section 816 [] for periods of internment during World War II.”; and—
(ii) by redesignating subsection (f) as subsection (g).
(e) The amendments deemed to be made by Section 4 of this Order shall be effective on the date of this Order [].
SecRecomputation at Age 62 of Credit for Military Service of Current Annuitants22 U.S.C. 4056(a)section 8332(j) of Title 5. 5. . (a) Section 816(a) of the Act () is deemed to be further amended so that the provisions of of the United States Code, relating to credit for military service, shall not apply with respect to any individual who is entitled to an annuity under such Act [this chapter] on or before the date of approval of this order [], or who is entitled to an annuity based on a separation from service occurring on or before such date.
42 U.S.C. 402(b) Subject to subsection (c), in any case in which an individual described in subsection (a) is also entitled to old-age or survivors insurance benefits under section 202 of the Social Security Act [] (or would be entitled to such benefits upon filing application therefor), the amount of the annuity to which such individual is entitled under chapter 8 of the Act [this subchapter] (after taking into account subsection (a)) which is payable for any month shall be reduced by an amount determined by multiplying the amount of such old-age or survivors insurance benefit for the determination month by a fraction—
42 U.S.C. 40942 U.S.C. 41042 U.S.C. 42942 U.S.C. 415(e)(1)42 U.S.C. 409(1) the numerator of which is the total of the wages (within the meaning of section 209 of the Social Security Act []) for service referred to in section 210(1) of such Act [] (relating to service in the uniformed services) and deemed additional wages (within the meaning of section 229 of such Act []) of such individual credited for years after 1956 and before the calendar year in which the determination month occurs, up to the contribution and benefit base determined under section 230 of the Social Security Act []) (or other applicable maximum annual amount referred to in section 215(e)(1) of such Act []) for each such year, and
42 U.S.C. 40942 U.S.C. 411(b)42 U.S.C. 415(e)(1)(2) the denominator of which is the total of all wages deemed additional wages described in paragraph (1) of this subsection plus all other wages (within the meaning of section 209 of the Social Security Act []) and all self-employment income (within the meaning of section 211(b) of such Act []) of such individual credited for years after 1936 and before the calendar year in which the determination month occurs, up to the contribution and benefit base (or such other amount referred to in such section 215(e)(1) of such Act []) for each such year.
section 8332(j) of Title 5(c) Subsection (b) shall not reduce the annuity of any individual below the amount of the annuity which would be payable under chapter 8 of the Act [this subchapter] to the individual for the determination month if of the United States Code applied to the individual for such month.
(d) For purposes of this section, the term “determination month” means—
42 U.S.C. 402(1) the first month the individual described in subsection (a) is entitled to old-age or survivors insurance benefits under section 202 of the Social Security Act [] (or would be entitled to such benefits upon filing application therefor); or
(2) the first day of the month following the month in which this Order is issued [] in the case of any individual so entitled to such benefits for such month.
(e) The preceding provisions of this section shall take effect with respect to any annuity payment payable under chapter 8 of the Act [this subchapter] for calendar months beginning after the date of this Order [].
(f) The Secretary of Health and Human Services shall furnish such information to the Secretary of State as may be necessary to carry out the preceding provisions of this section.
SecGeneral Limitation on Cost-of-Living Adjustment for Annuities22 U.S.C. 4066
22 U.S.C. 4066(b) The amendment made by subsection (a) of this Section shall not cause any annuity to be reduced below the rate that is payable on the date of approval of this Order [], but shall apply to any adjustment occurring on or after under Section 826 of the Act [] to any annuity payable from the Foreign Service Retirement and Disability Fund, whether such annuity has a commencing date before, on, or after the date of this Order.
Ex. Ord. No. 13105. Open Enrollment Season for Participants in the Foreign Service Retirement and Disability System and the Central Intelligence Agency Retirement and Disability System
Ex. Ord. No. 13105, , 63 F.R. 60201, provided:
22 U.S.C. 406750 U.S.C. 2141By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 827 of the Foreign Service Act of 1980 () and section 292 of the Central Intelligence Agency Retirement Act of 1964 (), and in order to conform further the Foreign Service Retirement and Disability System and the Central Intelligence Agency Retirement and Disability System to the Civil Service Retirement and Disability System, it is hereby ordered as follows:
Section22 U.S.C. 4071i 1. In conjunction with section 860 of the Foreign Service Act of 1980 (), the Secretary of State shall issue regulations providing for an open enrollment period from , to , during which employee participants in the Foreign Service Retirement and Disability System may elect to become subject to the Foreign Service Pension System.
Sec50 U.S.C. 2157(a)Public Law 105–615 U.S.C. 8331. 2. In conjunction with section 307(a) of the Central Intelligence Agency Retirement Act of 1964 (), the Director shall provide for an open enrollment period from , to , during which employee participants in the Central Intelligence Agency Retirement and Disability System may elect to become subject to the Federal Employees’ Retirement System, comparable to the election for civil service employees provided for by the Federal Employees’ Retirement System Open Enrollment Act of 1997, [ note].
Ex. Ord. No. 13297. Applying the Federal Physicians Comparability Allowance Amendments of 2000 to Participants in the Foreign Service Retirement and Disability System, the Foreign Service Pension System, and the Central Intelligence Agency Retirement and Disability System
Ex. Ord. No. 13297, , 68 F.R. 22565, provided:
22 U.S.C. 406750 U.S.C. 2141section 301 of title 3By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 827 of the Foreign Service Act of 1980 (), section 292 of the Central Intelligence Agency Retirement Act of 1964 (), and , United States Code, and in order to conform the Foreign Service Retirement and Disability System, the Foreign Service Pension System, and the Central Intelligence Agency Retirement and Disability System to the Civil Service Retirement System, it is hereby ordered as follows:
SectionForeign Service Retirement and Disability SystemPublic Law 106–57122 U.S.C. 4041 1. . (a) The following provisions of the Federal Physicians Comparability Allowance Amendments of 2000 () [see Tables for classification] shall apply to the Foreign Service Retirement and Disability System, subchapter I of chapter 8 of the Foreign Service Act of 1980 [ et seq.], as amended:
Section 3(a) of Public Law 106–571section 8331 of Title 5section 5948 of title 5(i) [amending , Government Organization and Employees] to provide that any amount received under , United States Code (physicians comparability allowance), be included in the definition of basic pay; and
Section 3(b) of Public Law 106–571(ii) [amending sections 8331 and 8339 of Title 5] to provide for the inclusion of the physicians comparability allowance in the computation of an annuity under the same rules that apply with respect to the Civil Service Retirement System.
Public Law 106–571(b) The Secretary of State shall issue regulations that reflect the application of sections 3(a) and 3(b) of to the Foreign Service Retirement and Disability System. Such regulations shall provide that the foregoing provisions be retroactive to .
SecForeign Service Pension SystemPublic Law 106–57122 U.S.C. 4071. 2. . (a) The following provisions of the Federal Physicians Comparability Allowance Amendments of 2000 () shall apply to the Foreign Service Pension System, subchapter II of chapter 8 of the Foreign Service Act of 1980 [ et seq.], as amended:
Section 3(a) of Public Law 106–571section 5948 of title 5(i) to provide that any amount received under , United States Code (physicians comparability allowance), be included in the definition of basic pay; and
Section 3(c) of Public Law 106–571(ii) [amending sections 8401 and 8415 of Title 5] to provide for the inclusion of the physicians comparability allowance in the computation of an annuity under the same rules that apply with respect to the Federal Employees Retirement System.
Public Law 106–571(b) The Secretary of State shall issue regulations that reflect the application of sections 3(a) and 3(c) of to the Foreign Service Pension System. Such regulations shall provide that the foregoing provisions be retroactive to .
SecCentral Intelligence Agency Retirement and Disability System.. 3.
Public Law 106–57150 U.S.C. 2011(a) The following provisions of the Federal Physicians Comparability Allowance Amendments of 2000 () shall apply to the Central Intelligence Agency Retirement and Disability System, title II of the Central Intelligence Agency Retirement Act of 1964 [ et seq.], as amended:
Section 3(a) of Public Law 106–571section 5948 of title 5(i) to provide that any amount received under , United States Code (physicians comparability allowance), be included in the definition of basic pay; and
Section 3(b) of Public Law 106–571(ii) to provide for the inclusion of the physicians comparability allowance in the computation of an annuity under the same rules that apply with respect to the Civil Service Retirement System.
Public Law 106–571(b) The Director of Central Intelligence shall issue regulations to reflect the application of sections 3(a) and 3(b) of to the Central Intelligence Agency Retirement and Disability System. Such regulations shall provide that the foregoing provisions be retroactive to .
SecJudicial Review. 4. . This order is not intended to create, nor does it create any right, benefit, or privilege, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, employees, or any other person.