22 U.S.C. § 4071a | Definitions

As used in this part, unless otherwise specified—

(1)

section 4044(4) of this title the term “court order” has the same meaning given in ;

(2)

section 4042 of this title the term “Fund” means the Foreign Service Retirement and Disability Fund maintained by the Secretary of the Treasury pursuant to ;

(3)

the term “lump-sum credit” means the unrefunded amount consisting of—

(A)

section 4071e of this title retirement deductions made from the basic pay of a participant under (or under section 204 of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983);

(B)

section 4071c of this title amounts deposited by a participant under to obtain credit under this System for prior civilian or military service; and

(C)

section 4059 of this title interest on the deductions and deposits which, for any calendar year, shall be 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 , as determined by the Secretary of the Treasury (compounded annually); but does not include interest—

(i)

if the service covered thereby aggregates 1 year or less; or

(ii)

for a fractional part of a month in the total service;

(4)

the term “normal cost” means the entry-age normal cost of the provisions of the System which relate to the Fund, computed by the Secretary of State in accordance with generally accepted actuarial practice and standards (using dynamic assumptions) and expressed as a level percentage of aggregate basic pay;

(5)

the term “participant” means a person who participates in the Foreign Service Pension System;

(6)

section 4057 of this title the term “pro rata share” in the case of any former spouse of any participant or former participant means the percentage which is equal to the percentage that (A) the number of years during which the former spouse was married to the participant during the service of the participant which is creditable under this subchapter is of (B) the total number of years of such service, disregarding extra credit under ;

(7)

the term “revised annuity participant” means any individual who—

(A)

December 31, 2012 on —

(i)

is not a participant;

(ii)

section 4071c of this title is not performing service which is creditable service under ; and

(iii)

section 4071c of this title has less than 5 years creditable service under ; and

(B)

December 31, 2012January 1, 2014section 4071c of this title after , and before , becomes a participant performing service which is creditable service under ;

(8)

the term “further revised annuity participant” means any individual who—

(A)

December 31, 2013 on —

(i)

is not a participant;

(ii)

section 4071c of this title is not performing service which is creditable service under ; and

(iii)

section 4071c of this title has less than 5 years creditable service under ; and

(B)

December 31, 2013section 4071c of this title after , becomes a participant performing service which is creditable service under ;

(9)

the term “supplemental liability” means the estimated excess of—

(A)

the actuarial present value of all future benefits payable from the Fund under this part based on the service of participants or former participants, over

(B)

the sum of—

(i)

section 4071e of this title the actuarial present value of (I) deductions to be withheld from the future basic pay of participants pursuant to and (II) contributions for past civilian and military service;

(ii)

section 4071f of this title the actuarial present value of future contributions to be made pursuant to ;

(iii)

the Fund balance as of the date the supplemental liability is determined, to the extent that such balance is attributable—

(I)

to the System, or

(II)

5 U.S.C. 8331 to the contributions made under the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983 ( note); and

(iv)

any other appropriate amount, as determined by the Secretary of State in accordance with generally accepted actuarial practices and principles;

(10)

the term “System” means the Foreign Service Pension System; and

(11)

section 4044(15) of this title the term “special agent” has the same meaning given in .

Pub. L. 96–465, title I, § 852 Pub. L. 99–335, title IV, § 415June 6, 1986100 Stat. 615 Pub. L. 100–238, title II, § 241Jan. 8, 1988101 Stat. 1776 Pub. L. 105–382, § 2(a)(2)Nov. 13, 1998112 Stat. 3406 Pub. L. 112–96, title V, § 5002(a)Feb. 22, 2012126 Stat. 200 Pub. L. 113–67, div. A, title IV, § 402(a)Dec. 26, 2013127 Stat. 1185(, as added , , ; amended , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 98–168Nov. 29, 198397 Stat. 1106 section 8331 of Title 5The Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983, referred to in pars. (3)(A) and (7)(B)(iii)(II), is title II of , , , which is set out as a note under , Government Organization and Employees.

Amendments

Pub. L. 113–67, § 402(a)(2)January 1, 2014December 31, 20122013—Par. (7)(B). , inserted “and before ,” after “after ,”.

Pub. L. 113–67, § 402(a)(1)Pars. (8) to (11). , added par. (8) and redesignated former pars. (8) to (10) as (9) to (11), respectively.

Pub. L. 112–962012—Pars. (7) to (10). added par. (7) and redesignated former pars. (7) to (9) as (8) to (10), respectively.

Pub. L. 105–3821998—Par. (9). added par. (9).

Pub. L. 100–2381988—Pars. (3) to (8). added par. (3) and redesignated former pars. (3) to (7) as (4) to (8), respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Pub. L. 105–382Nov. 13, 1998section 4 of Pub. L. 105–382 section 4044 of this titleAmendment by effective , with provisions relating to applicability with respect to certain individuals, see , as amended, set out as a note under .

Effective Date of 1988 Amendment

Pub. L. 100–238Jan. 8, 1988section 261(a) of Pub. L. 100–238 section 4054 of this titleAmendment by effective 90 days after , see , set out as a note under .