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funds, and allowances. An equal amount shall be contributed by the Department from the appropriations or fund used for payment of the salary of the participant. The Department shall deposit in the Fund the amounts deducted and withheld from basic salary and the amounts contributed by the Department.

(2) 139 Notwithstanding the percentage limitation contained in paragraph (1) of this subsection

(A) the Department shall deduct and withhold from the basic pay of a Foreign Service criminal investigator/inspector of the Office of the Inspector General, Agency for International Development, who is qualified to have his annuity computed in the same manner as that of a law enforcement officer pursuant to section 8339(d) of title 5, an amount equal to that to be withheld from a law enforcement officer pursuant to section 8334(a)(1) of title 5. The amounts so deducted shall be contributed to the Fund for the payment of annuities, cash benefits, refunds, and allowances. An equal amount shall be contributed by the Department from the appropriations or fund used for payment of the salary of the participant. The Department shall deposit in the Fund the amount deducted and withheld from basic salary and amounts contributed by the Department.

(B) The Department shall deduct and withhold from the basic pay of a Foreign Service criminal investigator/inspector of the Office of the Inspector General, Agency for International Development, who is qualified to have his annuity computed pursuant to section 8415(d) of title 5, an amount equal to that to be withheld from a law enforcement officer pursuant to section 8422(a)(2)(B) of title 5. The amounts so deducted shall be contributed to the Fund for the payment of annuities, cash benefits, refunds, and allowances. An equal amount shall be contributed by the Department from the appropriations or fund used for payment of the salary of the participant. The Department shall deposit in the Fund the amounts deducted and withheld from basic salary and amounts contributed by the De

partment. (b) Each participant shall be deemed to consent and agree to such deductions from basic salary. Payment less such deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for all regular services during the period covered by such payment, except the right to the benefits to which the participant shall be entitled under this Act, notwithstanding any law, rule, or regulation affecting the salary of the individual.

(c)(1) If a member of the Service who is under another retirement system for Government employees becomes a participant in the System by direct transfer, the total contributions and deposits of that member that would otherwise be refundable on separation (except voluntary contributions), including interest thereon, shall be transferred to the Fund effective as of the date such member becomes a participant in the System. Each such member shall be deemed to consent to the transfer of such funds, and such transfer shall be a complete discharge and acquittance of all claims and demands against the other Government retirement fund on account of service rendered by such member prior to becoming a participant in the System.

(2) A member of the Service whose contributions are transferred to the Fund pursuant to paragraph (1) shall not be required to make additional contributions for periods of service for which required contributions were made to the other Government retirement fund; nor shall any refund be made to any such member on account of contributions made during any period to the other Government retirement fund at a higher rate than that fixed by subsection (d).

(d)(1) Any participant credited with civilian service after July 1, 1924—

(A) for which no retirement contributions, deductions, or deposits have been made, or

(B) for which a refund of such contributions, deductions, or

deposits has been made which has not been redeposited, may make a special contribution to the Fund. Special contributions for purposes of subparagraph (A) shall equal 141 the following percentages of basic salary received for such service:

Percent o basic salary

Time of service:

July 1, 1924, through October 15, 1960, inclusive
October 16, 1960, through December 31, 1969, inclusive .............

642 On and after January 1, 1970 .................... Special contributions for refunds under subparagraph (B) shall equal the amount of the refund received by the participant. 142

(2) Notwithstanding paragraph (1), a special contribution for prior nondeposit service as a National Guard technician which would be creditable toward retirement under subchapter III of chapter 83 of title 5, United States Code, and for which a special contribution has not been made, shall be equal to the special contribution for such service computed in accordance with the schedule in paragraph (1) multiplied by the percentage of such service that is creditable under section 816.

(3) Special contributions under this subsection shall include interest computed from the midpoint of each service period included in the computation, or from the date refund was paid, to the date of payment of the special contribution or commencing date of annuity, whichever is earlier. Interest shall be compounded at the annual rate of 4 percent to December 31, 1976, and 3 percent thereafter. 143 No interest shall be charged on special contributions for any period of separation from Government service which began be

141 Sec. 212(1) of Public Law 100-238 (101 Slat. 1773) struck out "equal to" at this point and inserted in lieu thereof “. Special contributions for purposes of subparagraph (A) shall equal".

142 Sec. 212(2) or Public Law 100-238 (101 Stat. 1773) added text from "Special contributions". 143 Sec. 1 of Executive Order 12446 (October 17, 1983; 48 F.R. 48443) provided the following:

"Section 1. Interest Rates, Deposits, Refunds, and Redeposits. (a) The second sentence of Sertion 805(0X3) of the Act (22 U.S.C. 4054(2X3)), the first sentence to Section 815(h) (22 U.S.C. 4055/h)), and the first sentence of Section 825(a) (22 U.S.C. 4065(a)), are deemed to be amended to provide that interest shall be compounded at the annual rate of 3 percent per annum through December 31. 1984. and thercaler 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.

"(b) ..

"(c) The amendments deemed to be made by section 1 of this Order shall apply (i) to contributions for civilian service performed on or aner the first day of the month following issuance of

his Order. () to contributions for prior refunds to participants for which application is received by the employing agency on and aller such first day of the month, and (iii) to excess contributions under section 815h) and voluntary contributions under seclion 825(a) from the first day of the month following issuance of this Order.".

fore October 1, 1956. Special contributions may be paid in installments (including by allotment of pay) when authorized by the Secretary of State.

(4) 144 Notwithstanding the preceding provisions of this subsection and any provision of section 206(b)(3) of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983, the percentage of basic pay required under this subsection in the case of a participant described in section 853(c) shall, with respect to any covered service (as defined by section 203(a)(3) of such Act) performed by such individual after December 31, 1983, and before January 1, 1987, be equal to 1.3 percent.

(5) 145 Notwithstanding paragraph (1), a special contribution for past service as a Foreign Service criminal investigator/inspector of the Office of the Inspector General, Agency for International Development which would have been creditable toward retirement under either section 8336(c) or 8412(d) of title 5, and for which a special contribution has not been made shall be equal to the difference between the amount actually contributed pursuant to either section 4045 or 4071e of title 22 and the amount that should have been contributed pursuant to either section 8334 or 8422 of title 5.

(e) 146 (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 section 204 of title 37 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.

144 Paragraph (4) was added by sec. 405(b) of Public Law 99-335 (100 Stat. 610). 146 Sec. 4(b) of Public Law 102-499 (106 Slat. 3265) added par. (5).

148 Sec. 4a) or Executive Order 12446 (October 17, 1983; 48 F.R. 28443) redesignated existing subsec. (e) as subsec. (g) and added new subsecs. (e) and (0), effective October 17, 1983.

(f) 146 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.

(g) 146 A participant or survivor may make a special contribution at any time before receipt of annuity and may authorize payment by offset against initial annuity accruals.

(h) 147 Effective with respect to pay periods beginning after December 31, 1986, in administering this section with respect to a participant described in section 853(c) whose service is employment for the purposes of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1954, contributions to the Fund and interest thereon shall be computed as if section 8334(k) of title 5, United States Code, were applicable.

Sec. 806.148 COMPUTATION OF ANNUITIES.(a) 149 (1) 150 The annuity of a participant shall be equal to 2 percent of his or her basic salary for the highest 3 consecutive years of service multiplied by the number of years, not exceeding 35, of service credit obtained in accordance with sections 816 and 817, except that the highest 3 years of service shall be used in computing the annuity of any participant who serves an assignment in a position, as described in section 302(b), to which the participant was appointed by the President and whose continuity of service in that position is interrupted prior to retirement by appointment or assignment to any other position determined by the Secretary of State to be of comparable importance. In determining the aggregate period of service upon which the annuity is to be based, the fractional part of a month, if any, shall not be counted. The annuity shall be reduced by 10 percent of any special contribution described in section 805(d) which is due for service for which no contributions were made and which remains unpaid unless the participant elects to eliminate the service involved for purposes of annuity computation.

(2) Notwithstanding the percentage limitation contained in paragraph (1) of this subsection

(A) utilizing the definition of average pay contained in section 8331(4) of title 5, United States Code, the annuity of a

**Subsection (h) was added by sec. 405(a X2) of Public Law 99-335 (100 Stal 610). 148 22 U.S.C. 4046.

1 Ser. I of Executive Order 12446 (October 17, 1983; 48 F.R. 48443; 22 U.S.C. 4067 note) provided the following

Section 1. Interest Rates, Deposils, Refunds, and Redeposits. "O) Sections 806a) and 816d) of the Act (22 U.S.C. 4046a) and 40560) are deemed to be amended to exclude from the computation of creditable anilian seriæ under section 816a) of the Act any penod of avihan service for which retirement deductions or contnbutions have not been made under section 805, d) of the Act unless

1) the participe nt makes a contnbution for such period as provided in such section 805 d), or

42) no contnbution is required for such service as provided under section 80510 of the Aet as deemed to be amended by this Order, or under any other sta tute.

c) The amendmenis dermed to be made by section I of this Order shall apply (i) to contnbotions for civihan service performed on or aller the first day of the month following issuance of this Order, and to contnbutions for pror refunds to participants for which application is received by the employing agency on and alter such first day of the month, and (m) to excess contributions under section 815 ) and voluntary contnbutons under section 825 a) from the first day of the month following issuancs of this Order,

18 Sec. 58(a) of the Foreign Operations Export Pinancing, and Related Programs Appropriations Act, 1991 (Puoise Law 101-513; 104 Sist. 2065) inserted U* after war, and added paragraphs (2) through (0)

Foreign Service criminal investigator/inspector of the Office of
the Inspector General, Agency for International Development,
who was appointed to a law enforcement position, as defined
in section 8331(20) of title 5, United States Code, prior to Jan-
uary 1, 1984, and would have been eligible to retire pursuant
to section 8336(c) of that title, after attaining 50 years of age
and completing 20 years as a law enforcement officer had the
employee remained in the civil service shall be computed in the
same manner as that of a law enforcement officer pursuant to
section 8339(d) of that title, except as provided in paragraph
(3); and

(B) the annuity of a Foreign Service criminal investigator/inspector of such office, who was appointed to a law enforcement position as defined in section 8401(17) of that title on or after January 1, 1984, and who would have been eligible to retire pursuant to section 8412(d) of that title, after attaining 50 years of age and completing 20 years of service as such a law enforcement officer, had the employee remained in the civil service, shall be computed in the same manner as that of a law

enforcement officer pursuant to section 8415(d) of that title. (3) The annuity of a Foreign Service investigator/inspector of the Office of the Inspector General, Agency for International Development, appointed to a law enforcement position prior to January 1, 1984, who exercised election rights under section 860 of the Foreign Service Act of 1980, shall be computed as follows: for the period prior to election the annuity shall be computed in accordance with section 8339(d) of title 5, United States Code; for the period following election the annuity shall be computed in accordance with section 8415(d) of that title.

(4) All service in a law enforcement position, as defined in section 8331(20) or 8401(17) of that title, as applicable, in any agency or combination of agencies shall be included in the computation of time for purposes of this paragraph.

(5) The annuity of a Foreign Service criminal investigator/inspector of the Office of the Inspector General of the Agency for International Development who has not completed 20 years of service as a law enforcement officer, as defined in section 8331(20) or 8401(17) of that title, shall be computed in accordance with paragraph (1).

(6) For purposes of paragraphs (2), (3), and (4) of this subsection, the term "basic pay" includes pay as provided in accordance with section 412 of this Act or section 5545(c)(2) 151 of title 5, United States Code.

(b)(1)(A) Except to the extent provided, otherwise under a written election under subparagraph (B) or (C), if at the time of retirement a participant or former participant is married (or has a former spouse who has not remarried before attaining age 60), the participant shall receive a reduced annuity and provide a survivor annuity for his or her spouse under this subsection or former spouse under section 814(b), or a combination of such annuities, as the case may be.

161 Sec. 4(d) of Public Law 102-499 (106 Stat. 3266) struck out “section 5545(aX2) and inserted in lieu thereof "section 5545(X2)".

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