US Code

Public Law 119-73 (01/23/2026)

22 U.S.C. § 4071c

Creditable service

(a)

Service included

For purposes of this part, creditable service of a participant includes—
(1)
service as a participant after ;
(2)
service with respect to which deductions and withholdings under section 204(a)(2) of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983 have been made; and
(3)
50 U.S.C. 2011 except as provided in subsection (b), any civilian service performed before (other than service under paragraph (1) or (2)), which, but for the amendment made by section 414 of the Federal Employees’ Retirement System Act of 1986, would be creditable under part I (determined without regard to any deposit or redeposit requirement under such part, subchapter III of chapter 83 of title 5 (the Civil Service Retirement System), or title II of the Central Intelligence Agency Retirement Act ( et seq.), any requirement that the individual become subject to such part, subchapter, or title after performing the service involved, or any requirement that the individual give notice in writing to the official by whom such individual is paid of such individual’s desire to become subject to such part, subchapter, or title).
(b)

Refund of retirement deductions; retirement deduction not made; required deposit; computation of interest

(1)
A participant who has received a refund of retirement deductions under part I with respect to any service described in subsection (a)(3) may not be allowed credit for such service under this part unless such participant deposits into the Fund an amount equal to 1.3 percent of basic pay for such service, with interest.
(2)
A participant may not be allowed credit under this part for any service described in subsection (a)(3) for which retirement deductions under part I have not been made, unless such participant deposits into the Fund an amount equal to 1.3 percent of basic pay for such service, with interest.
(3)
section 4045(d) of this title Interest under paragraph (1) or (2) shall be computed in accordance with and regulations issued by the Secretary of State.
(c)

Volunteer service; required payment

(1)
Credit shall be given under this System to a participant for a period of prior satisfactory service as—
(A)
22 U.S.C. 2501 a volunteer or volunteer leader under the Peace Corps Act ( et seq.),
(B)
a volunteer under part A of title VIII of the Economic Opportunity Act of 1964, or
(C)
1
1 See References in Text note below.
42 U.S.C. 4951 a full-time volunteer for a period of service of at least 1 year’s duration under part A, B, or C of title I of the Domestic Volunteer Service Act of 1973 ( et seq.),

 

3.25

January 1, 1999, to December 31, 1999.

 

3.4

January 1, 2000, to December 31, 2000.
if the participant makes a payment to the Fund equal to 3 percent of pay received for the volunteer service; except, the amount to be paid for volunteer service beginning on , through , shall be as follows:
(2)
The amount of such payments shall be determined in accordance with regulations of the Secretary of State consistent with regulations for making corresponding determinations under chapter 83, title 5, together with interest determined under regulations issued by the Secretary of State.
(d)

Prior service under other retirement system; waiver of credit and payment into Fund

50 U.S.C. 2151Credit shall be given under this System to a participant for a period of prior service under the Federal Employees’ Retirement System (described in chapter 84 of title 5) or under title III of the Central Intelligence Agency Retirement Act ( et seq.) if the participant waives credit under the other retirement system and makes a payment to the Fund equal to the amount which was deducted and withheld from the individual’s basic pay under the other retirement system during the prior creditable service under the other retirement system together with interest on such amount computed in accordance with regulations issued by the Secretary of State.

(e)

Employees of Members or offices of Congress

section 4071f(a) of this titleA participant who, while on approved leave without pay, serves as a full-time paid employee of a Member or office of the Congress shall continue to make contributions to the Fund based upon the Foreign Service salary rate that would be in effect if the participant were in a pay status. The participant’s employing Member or office in the Congress shall make a contribution (from the appropriation or fund which is used for payment of the salary of the participant) determined under to the Treasury of the United States to the credit of the Fund. All periods of service for which full contributions to the Fund are made under this subsection shall be counted as creditable service for purposes of this part and shall not, unless all retirement credit is transferred, be counted as creditable service under any other Government retirement system.

Pub. L. 96–465, title I, § 854Pub. L. 99–335, title IV, § 415100 Stat. 616Pub. L. 99–556, title IV, § 405100 Stat. 3137Pub. L. 100–238, title II, § 242101 Stat. 1776Pub. L. 103–178, title II, § 204(b)(2)107 Stat. 2033Pub. L. 105–33, title VII, § 7001(e)(1)(B)111 Stat. 661Pub. L. 106–346, § 101(a) [title V, § 505(e)(2)]114 Stat. 1356(, as added , , ; amended , , ; , , ; , , ; , , ; , , , 1356A–54.)

Editorial Notes

References in Text

section 204(a)(2) of Pub. L. 98–168section 8331 of Title 5Section 204(a)(2) of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983, referred to in subsec. (a)(2), is , which is set out as a note under , Government Organization and Employees.

section 414 of Pub. L. 99–335100 Stat. 614section 4043 of this titleSection 414 of the Federal Employees’ Retirement System Act of 1986, referred to in subsec. (a)(3), is , title IV, , , which amended .

Pub. L. 88–643Pub. L. 102–496, title VIII, § 802106 Stat. 3196section 2001 of Title 50The Central Intelligence Agency Retirement Act, referred to in subsecs. (a)(3) and (d), is , as revised generally by , , . Titles II and III of the Act are classified generally to subchapters II (§ 2011 et seq.) and III (§ 2151 et seq.), respectively, of chapter 38 of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 87–29375 Stat. 612section 2501 of this titleThe Peace Corps Act, referred to in subsec. (c)(1)(A), is , , , which is classified principally to chapter 34 (§ 2501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 88–45273 Stat. 508Pub. L. 88–452Pub. L. 90–222, title I, § 11081 Stat. 722Pub. L. 93–113, title VI, § 60387 Stat. 417The Economic Opportunity Act of 1964, referred to in subsec. (c)(1)(B), is , , . Part A of title VIII of the Act is part A of title VIII of , as added by , , , which was classified generally to part A (§ 2992 et seq.) of subchapter VIII of chapter 34 of Title 42, The Public Health and Welfare, prior to its repeal by , , . See sections 4951 et seq., 5042(13)(A), and 5055 of Title 42.

Pub. L. 93–11387 Stat. 394Pub. L. 111–13, title II, § 2121123 Stat. 1584section 4950 of Title 42The Domestic Volunteer Service Act of 1973, referred to in subsec. (c)(1)(C), is , , . Parts A and C of title I of the Act are classified generally to parts A (§ 4951 et seq.) and C (§ 4991 et seq.), respectively, of subchapter I of chapter 66 of Title 42, The Public Health and Welfare. Part B of title I of the Act, which had been classified generally to part B (§ 4971 et seq.) of subchapter I of chapter 66 of Title 42, was repealed by , , . For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 106–3462000—Subsec. (c)(1). , in concluding provisions, substituted “” for “”, and in table in concluding provisions, struck out item at end relating to service period , to .

Pub. L. 105–331997—Subsec. (c). amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Credit shall be given under this System to a participant for a period of prior satisfactory service as—

22 U.S.C. 2501“(1) a volunteer or volunteer leader under the Peace Corps Act ( et seq.),

“(2) a volunteer under part A of title VIII of the Economic Opportunity Act of 1964, or

42 U.S.C. 4951“(3) a full-time volunteer for a period of service of at least one year’s duration under part A, B, or C of title I of the Domestic Volunteer Service Act of 1973 ( et seq.),

if the participant makes a payment to the Fund equal to 3 percent of pay received for the volunteer service (as determined in accordance with regulations of the Secretary of State consistent with regulations for making corresponding determinations under chapter 83, title 5) together with interest determined under regulations issued by the Secretary of State.”

Pub. L. 103–178, § 204(b)(1)50 U.S.C. 20111993—Subsec. (a)(3). , substituted “the Central Intelligence Agency Retirement Act ( et seq.)” for “the Central Intelligence Agency Retirement Act of 1964 for Certain Employees”.

Pub. L. 103–178, § 204(b)(2)(B)50 U.S.C. 2151Subsec. (d). , substituted “the Central Intelligence Agency Retirement Act ( et seq.)” for “the Central Intelligence Agency Retirement Act of 1964 for Certain Employees”.

Pub. L. 100–238section 4071f(a) of this title1988—Subsec. (e). struck out “matching” after “shall make a” and inserted “determined under ” after “participant)”.

Pub. L. 99–556, § 405(a)section 4071c(a) of this titlesection 4071e(a) of this title1986—Subsec. (d). , which directed that subsec. (d) be amended by substituting “which was deducted and withheld from the individual’s basic pay under the other retirement system” for “which would have been deducted from pay under had the individual been a participant”, was executed by making the substitution for “which would have been deducted from pay under had the individual been a participant”, as the probable intent of Congress.

Pub. L. 99–556, § 405(b)Subsec. (e). , added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Pub. L. 106–346Pub. L. 106–346section 8334 of Title 5Amendment by effective upon the close of calendar year 2000 and applicable thereafter, see section 101(a) [title V, § 505(i)] of , set out as a note under , Government Organization and Employees.

Effective Date of 1997 Amendment

Pub. L. 105–33section 7001(f) of Pub. L. 105–33section 8334 of Title 5Amendment by effective , see , set out as a note under , Government Organization and Employees.

Effective Date of 1988 Amendment

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

Effective Date of 1986 Amendment

Pub. L. 99–556section 408 of Pub. L. 99–556section 4046 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 105–33Impact of Amendments by on Agency Contributions

Pub. L. 105–33, title VII, § 7001(e)(2)111 Stat. 662

22 U.S.C. 4071fsection 4071e of this title“Agency contributions under section 857 of the Foreign Service Act of 1980 () shall not be reduced as a result of the amendments made under paragraph (1) of this subsection [amending this section and ].”
, , , provided that: