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SEC. 810.172 DISCONTINUED SERVICE RETIREMENT.—Any participant who voluntarily separates from the Service after obtaining at least 5 years of service credit toward retirement under the System (excluding military and naval service) may upon separation from the Service or at any time prior to becoming eligible for an annuity elect to have his or her contributions to the Fund returned in accordance with section 815, or to leave his or her contributions in the Fund and receive an annuity, computed under section 806, commencing at age 60.

SEC. 811.173 VOLUNTARY RETIREMENT.—Any participant who is at least 50 years of age and has 20 years of creditable service, including at least 5 years of service credit toward retirement under the System (excluding military and naval service), may on his or her own application and with the consent of the Secretary be retired from the Service and receive retirement benefits in accordance with section 806. The Secretary shall withhold consent for retirement under this section by any participant who has not been a member of the Service for 5 years. Any participant who voluntarily separates from the Service before completing 5 years in the System and who, on the date of separation, would be eligible for an annuity, based on a voluntary separation, under section 8336 or 8338 of title 5, United States Code, if the participant had been covered under the Civil Service Retirement System rather than subject to this chapter while a member of the Service, may receive an annuity under section 8336 or 8338, notwithstanding section 8333(b) of title 5, United States Code, if all contributions transferred to the Fund under section 805(c)(1) of this Act, as well as all contributions with held from the participant's pay or contributed by the employer, and deposited into the Fund during the period he or she was subject to this chapter, including interest on these amounts, are transferred to the Civil Service Retirement and Disability Fund effective on the date the participant separates from the Service. 174

SEC. 812.175 MANDATORY RETIREMENT.—(a)(1) 176 Except as provided in subsection (b), any participant shall be retired from the Service at the end of the month in which the participant has reached age 65 and has at least 5 years of service credit toward retirement under the System (excluding military and naval service), and shall receive retirement benefits in accordance with section 806.

(2) Notwithstanding paragraph (1), a Foreign Service criminal investigator/inspector of the Office of Inspector General of the Agency for International Development who would have been eligible for retirement pursuant to either section 8336(c) or 8412(d) of title 5, United States Code, as applicable, had the employee remained in civil service, shall be separated from the Service on the last day of the month in which that Foreign Service criminal investigator/inspector attains 57 177 years of age or completes 20 years of service if then over that age. If the head of the agency judges that the public interest so requires, that agency head may exempt such an employee from automatic separation under this subsection until that employee attains 60 years of age. The employing office shall notify the employee in writing of the date of separation at least 60 days before that date. Action to separate the employee is not effective without the consent of the employee, until the last day of the month in which the 60-day notice expires.

172 22 U.S.C. 4050. 173 22 U.S.C. 405).

174 Sec. 216 of Public Law 100-238 (101 Stat. 1774) added language from "The Secretary shall with hold".

176 22 U.S.C. 4052. Sec. 2403(0X1) of this Act specified that sec. 812 would be effective on the date of enactment of the Act (Ocwber 17, 1980).

176 Sec. 587(b) of the Forcign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Slat. 2056) inserted "Y1/" aller "(a)", and added a new paragraph (2).

(b)(1) Any participant who is otherwise required to retire under subsection (a) while occupying a position to which he or she was appointed by the President, by and with the advice and consent of the Senate, may continue to serve until that appointment is terminated.

(2) Whenever the Secretary determines it to be in the public interest, any participant who is otherwise required to retire under subsection (a) may be retained on active service for a period not to exceed 5 years.

(3) Any participant who completed a period of service authorized by this subsection shall be retired at the end of the month in which such authorized service is completed.

SEC. 813.178 REASSIGNMENT AND RETIREMENT OF FORMER PRESIDENTIAL APPOINTEES. —

(a) A participant, who completes an assignment under section 302(b) in a position to which the participant was appointed by the President, and is not otherwise eligible for retirement

(1) shall be reassigned within 90 days after the termination of such assignment and any period of authorized leave, or

(2) if the Secretary of State determines that reassignment is not in the interest of the Foreign Service, shall be retired from the Service and receive retirement benefits in accordance with

section 606 or 655, as appropriate (b) A participant who completes an assignment under section 302b) in a position to which the participant was appointed by the President and is eligible for retirement and is not reassigned with. in 90 days after the termination of such assignment and any period of authorized leave, shall be retired from the Service and receive

377 Sec. 4., of Public Law 102-499 (106 Stat 32657, struck out 58 and fucru in hev chers of "57

170 22 1.8.C. 4043 Sec174 of the Foreign Relationé Autraal het twaa Yuan 14, and 1995 "Pudir las it-236, 108 Stal 413), amenog ang waves suid after the wrap tion. It formerly read as follow&

a Except a pounded under subsection . paricipant va compiere ar g oment under secuur 3520 in a positon lo which he or she was app . Dy f r om oti oflered reassignment winin 90 days after the termnalip o ut abg af any perna of authorized wave

Mb Subcur a shall not apply with respect to a participar te bereary o Sabe der mne tha: reassignment of the participant is not in the after a la Sala 21, LTE Foreigr Service

C A mundent who is not reassigned under subsection (e. etia! s ense from the Series and receive FELTETI N: benefits in accordance with section 6

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retirement benefits in accordance with section 806 or section 855, as appropriate.

(c) A participant who is retired under subsection (a)2) and is subsequently employed by the United States Government, thereafter, shall be eligible to retire only under the terms of the applicable retirement system.

Sec. 814.179 FORMER SPOUSES.(a)(1) Unless otherwise expressly provided by any spousal agreement or court order under section 820(bX1), a former spouse of a participant or former participant is entitled to an annuity 180 if such former spouse was married to the participant for at least 10 years during service of the participant which is creditable under this chapter with at least 5 of such years occurring while the participant was a member of the Foreign Service and

(A) if married to the participant throughout the creditable service of the participant, equal to 50 percent of the annuity of the participant; or

(B) if not married to the participant throughout such creditable service, equal to that former spouse's pro rata share of 50 percent of such annuity. For the purposes of this paragraph, the term "creditable service” means service which is creditable under subchapter I or II. 181

(2) A former spouse shall not be qualified for an annuity under this subsection if before the commencement of the annuity the former spouse remarries before becoming 60 years of age.

(3) The annuity of a former spouse under this subsection commences on the later of the day the participant upon whose service the annuity is based becomes entitled to an annuity under this subchapter 168 on the first day of the month in which the divorce or annulment involved becomes final. The annuity of such former spouse and the right thereto terminate on

(A) the last day of the month before the former spouse dies or remarries before 60 years of age; or

(B) the date the annuity of the participant terminates (except in the case of an annuity subject to paragraph (5)(B)). (4) No spousal agreement or court order under section 820(b)(1) involving any participant may provide for an annuity or any combination of annuities under this subsection which exceeds the annuity of the participant, nor may any such court order relating to an annuity under this subsection be given effect if it is issued more than 24 182 months after the date the divorce or annulment involved becomes final.

179 22 U.S.C. 4054.

180 Sec. 217(a) of Public Law 100-238 (101 Stat. 1775) added language from this point to "Foreign Service and".

Sec. 261(bX2) of Public Law 100-238 (101 Stat. 1776) provided the following exception:

"(2) The amendment made by section 217(a) shall not apply with respect to the former spouse of a participant or former participant who is subject to subchapter I of chapter 8 of the Foreign Service Act of 1980 is, on the date of enactment of this title, (January 3, 1988) that former spouse

"(A) was the spouse of that participant or former participant; or

"(B) is entitle loan annuity under section 814 of the Foreign Service Act of 1980 pursuant to the divorce or annulment of the marriage to that participant or former participant.". 181 This sentence was added by sec. 404(X1) of Public Law 99335 (100 Stai. 610).

182 Sec. 217(b) of Public Law 100–238 (101 Stat. 1775) struck out "12" and inserted in lieu thereof "24".

(5)(A) The annuity payable to any participant shall be reduced by the amount of an annuity under this subsection paid to any former spouse based upon the service of that participant. Such reduction shall be disregarded in calculating the survivor annuity for any spouse, former spouse, or other survivor under this subchapter, 168 and in calculating any reduction in the annuity of the participant to provide survivor benefits under subsection (b) or section 806(b)(3).

(B) If any annuitant whose annuity is reduced under subparagraph (A) is recalled to service under section 308, or reinstated or reappointed in the Service in the case of a recovered disability annuitant or if any annuitant is reemployed as provided for under section 824, the salary of that annuitant shall be reduced by the same amount as the annuity would have been reduced if it had continued. Amounts equal to the reductions under this subparagraph shall be deposited in the Treasury of the United States to the credit of the Fund.

(6) Notwithstanding paragraph (3), in the case of any former spouse of a disability annuitant

(A) the annuity of the former spouse shall commence on the date the participant would qualify on the basis of his or her creditable service for an annuity under this subchapter 168 (other than a disability annuity) or the date the disability annuity begins, whichever is later, and

(B) the amount of the annuity of the former spouse shall be calculated on the basis of the annuity for which the participant

would otherwise so qualify. (7) An annuity under this subsection shall be treated the same as a survivor annuity under subsection (b) for purposes of section 806(h) or any comparable provision of law.

(b)(1) Subject to any election under section 806(b)(1)(C) and unless otherwise expressly provided by any spousal agreement or court order under section 820(b)(1), if a former participant who is entitled to receive an annuity is survived by a former spouse, the former spouse shall be entitled to a survivor annuity

(A) if married to the participant throughout the creditable service of the participant, equal to 55 percent of the full amount of the participant's annuity, as computed under section 806(a); or

(B) if not married to the participant throughout such creditable service, equal to that former spouse's pro rata share of 55 percent of the full amount of such annuity. For the purposes of this paragraph, the term 'creditable service' means service

which is creditable under subchapter I or II.183 (2) A former spouse shall not be qualified for an annuity under this subsection if before the commencement of that annuity the former spouse remarries before becoming 60 years of age.

(3) An annuity payable from the Fund under this subchapter 168 to a surviving former spouse under this subsection shall commence on the day after the annuitant dies and shall terminate on the last day of the month before the former spouse's death or remarriage before attaining age 60. If such a survivor annuity is terminated

183 This sentence was added by sec. 40476X2) of Public Law 99-335 (100 Stat. 610).

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