US Code

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

22 U.S.C. § 4071d

Entitlement to annuity

(a)

Retirement conditions; definitions

(1)
section 4051 of this title Any participant may be retired under the conditions specified in and shall be retired under the conditions specified in sections 4052 and 4053 of this title and receive benefits under this part.
(2)
For the purposes of this subsection—
(A)
the term “participant”, as used in the sections referred to in paragraph (1), means a participant in the Foreign Service Pension System; and
(B)
the term “System”, as used in those sections, means the Foreign Service Pension System.
(3)
1
1 See References in Text note below.
section 5304 of title 5 For purposes of any annuity computation under this subsection, the average pay (as used in section 8414  of title 5) of any member of the Service whose official duty station is outside the continental United States shall be considered to be the salary that would have been paid to the member had the member’s official duty station been Washington, D.C., including locality-based comparability payments under that would have been payable to the member if the member’s official duty station had been Washington, D.C.
(b)

Voluntary or mandatory retirement with authorization for immediate annuity; computation of annuity

(1)
Any participant who retires voluntarily or mandatorily under section 4007, 4008, 4010a, 4051, 4052, or 4053 of this title under conditions authorizing an immediate annuity for participants in the Foreign Service Retirement and Disability System or for participants in the Foreign Service Pension System, and who has completed at least 5 years as a member of the Foreign Service, shall be entitled to an immediate annuity computed under paragraph (2).
(2)
An annuity under paragraph (1) shall be computed—
(A)
section 8415(e)(1) of title 5 in accordance with for all service while a participant in this System and for prior service creditable under this part not otherwise counted as—
(i)
a member of the Service,
(ii)
50 U.S.C. 201150 U.S.C. 2152(a) an employee of the Central Intelligence Agency entitled to retirement credit under title II of the Central Intelligence Agency Retirement Act ( et seq.) or under section 302(a) or 303(b) of that Act (, 2153(b)), or
(iii)
a participant as a Member of Congress, a congressional employee, law enforcement officer, firefighter, or air traffic controller in the Civil Service Retirement System under subchapter III of chapter 83, title 5, or in the Federal Employees’ Retirement System under chapter 84 of title 5; and
(B)
section 8415(a) of title 5 at the rate stated in for all other service creditable under this System including service in excess of 20 years otherwise creditable under paragraph (A).
(3)
Any participant who is involuntarily retired or separated under section 4007, 4008, 4010, or 4010a of this title and who would if a participant under part I, become eligible for a refund of contributions or a deferred annuity under part I, shall, in lieu thereof, receive benefits for an involuntary separation under this part.
(4)
section 8452(b) of title 5section 4051 of this title A disability annuity under this part required to be redetermined under , or computed under section 8452(c) or (d) of such title 5, shall be recomputed or computed using the formula in subsection (b)(2)(A) of this section rather than section 8415 of such title 5 (as stated in section 8452(b)(2)(A) and 8452(c) and (d) of such title). Such annuity shall also be computed in accordance with the preceding sentence if, as of the day on which such annuity commences or is restored, the annuitant satisfies the age and service requirements for entitlement to an immediate annuity under .
(5)
section 8413(b) of title 5 A former participant entitled to a deferred annuity under shall not be subject to section 8415(g)(1) of such title 5 if the former participant has 20 years of service creditable under this part and is at least 50 years of age as of the date on which the annuity is to commence.
(6)
(A)
The amount of a survivor annuity for a widow or widower of a participant or former participant shall be 50 percent of an annuity computed for the deceased under this part rather than under section 8415 of such title 5 (as stated in sections 8442(a)(1), (b)(1)(B), and (c)(2) of such title).
(B)
Any calculation for a widow or widower of a participant or former participant under section 8442(f)(2)(A) shall be based on an “assumed FSRDS annuity” rather than an “assumed CSRS annuity” as stated in such section. For the purpose of this subparagraph, the term “assumed FSRDS annuity” means the amount of the survivor annuity to which the widow or widower would be entitled under part I based on the service of the deceased annuitant determined under section 8442(f)(5) of such title 5.
(c)

Annuity supplement

1A participant who is entitled to an immediate annuity under subsection (b) shall be entitled to receive an annuity supplement while the annuitant is under 62 years of age. The annuity supplement shall be based on the total creditable service of the annuitant and shall be computed in accordance with sections 8421(b) and 8421a of title 5 as if the participant were a law enforcement officer retired under section 8412(d)  of such title.

(d)

Separation for cause based on disloyalty

section 4010 of this titleAny participant who is separated for cause under shall not be entitled to an annuity under this System when the Secretary determines that the separation was based in whole or in part on disloyalty to the United States.

Pub. L. 96–465, title I, § 855Pub. L. 99–335, title IV, § 415100 Stat. 617Pub. L. 99–556, title IV, § 406100 Stat. 3138Pub. L. 103–178, title II, § 204(b)(3)107 Stat. 2033Pub. L. 105–277, div. G112 Stat. 2681–827Pub. L. 105–382, § 2(d)(3)(B)112 Stat. 3408Pub. L. 107–228, div. A, title III, § 322(b)(1)116 Stat. 1384Pub. L. 112–96, title V, § 5001(c)(2)(F)126 Stat. 200(, as added , , ; amended , , ; , , ; , subdiv. B, title XXIII, § 2312(b), , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Section 8414 of title 5Section 8415 of title 5section 8401 of title 5, referred to in subsec. (a)(3), does not contain the term “average pay”. relates to annuity computation, and defines “average pay”.

Pub. L. 88–643Pub. L. 102–496, title VIII, § 802106 Stat. 3196section 2001 of Title 50The Central Intelligence Agency Retirement Act, referred to in subsec. (b)(2)(A)(ii), is , as revised generally by , , . Title II of the Act is classified generally to subchapter II (§ 2011 et seq.) 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.

section 8412 of title 5Pub. L. 117–225, § 3(b)(1)136 Stat. 2294Subsec. (d) of , referred to in subsec. (c), was redesignated as subsec. (d)(1) of that section, and a new subsec. (d)(2) was added, by , , .

Amendments

Pub. L. 112–96, § 5001(c)(2)(F)(i)2012—Subsec. (b)(2)(A). , substituted “section 8415(e)(1)” for “section 8415(d)(1)” in introductory provisions.

Pub. L. 112–96, § 5001(c)(2)(F)(ii)Subsec. (b)(5). , substituted “section 8415(g)(1)” for “section 8415(f)(1)”.

Pub. L. 107–2282002—Subsec. (a)(3). added par. (3).

Pub. L. 105–277, § 2312(b)(1)(A)Pub. L. 105–3821998—Subsec. (b)(1). , and amended par. (1) identically, inserting “4010a,” after “4008,”.

Pub. L. 105–277, § 2312(b)(1)(C), substituted “Service, shall” for “Service shall”.

Pub. L. 105–277, § 2312(b)(1)(B), inserted “or for participants in the Foreign Service Pension System,” after “Retirement and Disability System”.

Pub. L. 105–382Pub. L. 105–277, § 2312(b)(2)Subsec. (b)(3). , which directed the insertion of “4010a,” after “4008,” in par. (3), was not executed to reflect the probable intent of Congress and the amendment by . See below.

Pub. L. 105–277, § 2312(b)(2), substituted “4010, or 4010a” for “or 4010”.

Pub. L. 103–17850 U.S.C. 201150 U.S.C. 2152(a)1993—Subsec. (b)(2)(A)(ii). substituted “under title II of the Central Intelligence Agency Retirement Act ( et seq.) or under section 302(a) or 303(b) of that Act (, 2153(b))” for “under title II of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees or under section 302(a) or 303(b) of that Act”.

Pub. L. 99–556, § 406(a)1986—Subsec. (b)(1). , substituted “as a member of the Foreign Service” for “of service subject to this subchapter”.

Pub. L. 99–556, § 406(b)Subsec. (b)(2). , amended par. (2) by substituting subpars. (A) and (B) for former subpars. (A) to (C). Prior to amendment, subpars. (A) to (C) read as follows:

section 8415(d) of title 5“(A) for all service earned while a participant in this System, at the rate stated in ; and

section 4071c(d) of this title“(B) for all service earned while a participant in another retirement system creditable under , at the rate which would have been applicable to the individual had that individual remained a participant in the other system; and

section 4071c(c) of this titlesection 8415(a) of title 5“(C) for all volunteer service creditable under , at the rate stated in .”

Pub. L. 99–556, § 406(c)Subsec. (b)(3) to (6). , added pars. (3) to (6).

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Pub. L. 107–228section 322(c)(1) of Pub. L. 107–228section 4046 of this titleAmendment by applicable to service performed on or after the first day of the first pay period beginning on or after the date that is 90 days after , see , set out as a note under .

Effective Date of 1998 Amendments

Pub. L. 105–382section 4 of Pub. L. 105–382section 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 .

Pub. L. 105–277Pub. L. 105–277section 4010a of this titlesection 2312(c) of Pub. L. 105–277section 4009 of this titleAmendment by effective , except that amendment made by section 2312(b)(1)(A), (2) of applicable with respect to any actions taken under on or 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 .