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(B) The present value of the total amount to accrue to the Fund under subparagraph (A) to provide any annuity under this subsection shall be actuarially equivalent in value to such annuity, as calculated upon such tables of mortality as may from time to time be prescribed for this purpose by the Secretary of State.

(C) If a former spouse predeceases the participant or remarries before attaining age 60 (or, in the case of a spouse, the spouse does not qualify as a former spouse upon dissolution of the marriage)

(i) if an annuity reduction or salary allotment under subparagraph (A) is in effect for that spouse or former spouse, the annuity shall be recomputed and paid as if it had not been reduced or the salary allotment terminated, as the case may be, and

(ii) any amount accruing to the Fund under subparagraph (A) shall be refunded, but only to the extent that such amount may have exceeded the actuarial cost of providing benefits under this subsection for the period such benefits were provided, as determined under regulations prescribed by the Sec

retary of State. (D) Under regulations prescribed by the Secretary of State, an annuity shall be recomputed (or salary allotment terminated or adjusted), and a refund provided (if appropriate), in a manner comparable to that provided under subparagraph (C), in order to reflect à termination or reduction of future benefits under this subsection for a spouse in the event a former spouse of the participant dies or remarries before attaining age 60 and an increased annuity is provided for that spouse in accordance with this subchapter.168

(4) An annuity payable under this subsection to a spouse or former spouse shall commence on the day after the participant dies and shall terminate on the last day of the month before the former spouse's death or remarriage before attaining age 60.

(5) Section 826 shall not apply to any annuity under this subsection, unless authorized under regulations prescribed by the Secretary of State.

(d) 184 * * * (Repealed-1988)

SEC. 815.185 LUMP-SUM PAYMENTS.—(a) 186 (1) A participant is entitled to be paid a lump-sum credit if the participant

(A) is separated from the Service for at least 31 consecutive days, or is transferred to a position in which the participant is not subject to this chapter and remains in such a position for at least 31 consecutive days;

(B) files an application with the Secretary of State for payment of the lump-sum credit;

(C) is not reemployed in a position in which the participant is subject to this chapter at the time the participant files the application;

(D) will not become eligible to receive an annuity under this subchapter within 31 days after filing the application; and

(E) has notified any spouse or former spouse the participant may have of the application for payment in accordance with regulations prescribed by the Secretary of State.

184 Sec. 217(cX2) of Public Law 100-238 (101 Stat. 1775) repealed subsec. (d).
186 22 U.S.C. 4055.
136 Sec. 218(a) of Public Law 100-238 (101 Stat. 1775) restated subsec. (a).

Such regulations may provide ist waiver ot sicparagraph Es under circumstances described iseer's SOI C.iii.

3) Sucn iumd-sum creat snaut be cand so the partcipant and o any former spouse o: cre partssant a accordance with subsection 1).

b) Whenever 22 annusaat becomes separated from the Service following a cerca di reca:l service without Secoming enginie for a supplemental recotoutea 2.Wynder section 23. ne compuisory contribucons cibe ann ant e una or such serce. togetner witā ny Special ConCULONS ae annutant nay have made for other service CertCred tar de cate ct separation rom the Service unich i s ce casis ICT antov, snall be returned o the annuitant ind IV Correr spouse wine annuitant who was married to the participant uring e cerca -1 recaii service, in accoruance with sucsecenian

Ich hati anrusy -rts acer is succnapter 168 based on the Service er 3 veceasta particicant cr urusant terminate zerore che tolau annuty said eguas se 10-a redit o wnicn the participant or annusant :s ansi.ea. e 1.7erence sbau be paid in accordance with sucseccon".

its participant criter carrossant ies and is not survived by an individuai 10.e ar an unriv "inaer is supcnapter 168 or ev sucn an 20012. ravcuais me wnose annuity nights terminale cercre 33.71 or surror innwv '

Sied, ne iumpsum credit to wrica ne cart.c:cant r innuitant is entitled snail be paid in accorcance with subsection

es it an annu:tant ro vas a iurer ar cipant wes, any annuty acerued and incaid shal. Je pad : jccordance with subsection

Payments in der subsections : Chrough ej snail be paid in the onowing srcer ct precedence o naividuais surviving the participant and 2.ve in te tate artit.ement to be payment anses. upon the establisn.nent ::'an nereror, una sucn payment Saati de a car o recovery oviny other person:

1) To ne cenericiar r Jereticianes ast iesignated by the participant Cercre or at er retirement 01 signed and witnessed writing the with the Secretary of State prior to the dealn or ne partic:cant. cr wrica purpose a designation, change, or "ance!.ation of beneficiart in a wiil or other document wrich is 10t so executed und Tied snail have no force or eitect.

2. If there 5 10 such beneticary, to the surviving wife or husband of the participant.

3) If one of the 2nove to the child without regard to the definition in section 50412.) or children of the participant (including adopted and natural children but not stepchildren) and descendants of teceased children av representation.

14; If none of the above, to the parents of the participants or the survivor of them

15; If none of the above, to the duly appointed executor or administrator of the estate of the parcpant.

6) If none of the above, to such other next of kin of the participant as a determined in the judgment of the Secretary

egally entitied to such payment, except

(0) shall be recovery appointi tantuitor of

te of the re is no sucined by the of death of

that no payment shall be made under this paragraph until after the expiration of 30 days after the death of the partici

pant or annuitant. (g) Annuity accrued and unpaid on the death of a survivor annuitant shall be paid in the following order of precedence, and the payment bars recovery by any other person:

(1) To the duly appointed executor or administrator of the estate of the survivor annuitant.

(2) If there is no such executor or administrator, to such person as may be determined by the Secretary of State (after the expiration of 30 days from the date of death of the survivor annuitant) to be entitled under the laws of the domicile of the

survivor annuitant at the time of death. (h) 187 Amounts deducted and withheld from basic salary of a participant under section 805 from the beginning of the first pay period after the participant has completed 35 years of service computed under section 816 (excluding service credit for unused sick leave under section 816(b)), together with interest on the amounts at the rate of 3 percent a year compounded annually from the date of the deduction to the date of retirement or death, shall be applied toward any special contribution due under section 805(d), and any balance not so required shall be refunded in a lump sum to the participant after separation or, in the event of a death in service, to a beneficiary in the order of precedence specified in subsection

(f).

(i) Unless otherwise expressly provided by any spousal agreement or court order under section 820(b)(1), the amount of a participant's or former participant's lump-sum credit payable to a former spouse of that participant shall be

(1) if the former spouse was married to the participant throughout the period of creditable service of the participant, 50 percent of the lump-sum credit to which such participant would be entitled in the absence of this subsection, or

(2) if such former spouse was not married to the participant throughout such creditable service, an amount equal to such former spouse's pro rata share of 50 percent of such lump-sum

credit. The lump-sum credit of the participant shall be reduced by the amount of the lump-sum credit payable to the former spouse. For

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

"Section 1. Interest Rales, Deposits, Refunds, and Redeposits. (a) The second sentence of Section 805(X3) of the Act (22 U.S.C. 40454dX3)), the first sentence of Section 815(h) (22 U.S.C. 4055(h)), and the first sentence of Section 825(a) (22 U.S.C. 40654a)), 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 thercaser 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.

" )... "(c) The amendments deemed to be made by section 1 of this Order shall apply (i) to contributions for civilian service performed on or aser the first day of the month following issuance of this Order, (ii) 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 815(h) and voluntary contributions under section 825(a) from the first day of the month following issuance of this Order.".

the purposes of this subsection, the term “creditable service” means service which is creditable under subchapter I or II.188

Sec. 816.189 CREDITABLE SERVICE.-(a) 190 (1) 191 Except as otherwise specified by law, all periods of civilian and military and naval service, and all other periods through the date of final separation of a participant from the Service that the Secretary of State determines would be creditable toward retirement under the Civil Service Retirement and Disability System (as determined in accordance with section 8332 of title 5, United States Code), shall be creditable for purposes of this subchapter 168 Conversely, any such service performed after December 31, 1976, that would not be creditable under specified conditions under section 8332 of title 5, United States Code, shall be excluded under this chapter under the same conditions.

(2) 191 The service of an individual who first becomes a participant on or after the date of this Order without any credit under section 816 for civilian service performed prior to October 1, 1982, shall include credit for:

(A) each period of military or naval service performed before January 1, 1957, and

188 This sentence was added by sec. 404(c) of Public Law 99-335 (100 Stat. 610). 189 22 U.S.C. 4056.

190 Sec. 5 of Executive Order 12446 (October 17, 1983; 48 F.R. 48443; 22 U.S.C. 4067 note) provided the following

"Sec. 5. Recomputation al Age 62 of Credit for Mililary Service of Current Annuitants. (a) Section 816(a) of the Act (22 U.S.C. 4056(a)) is deemed to be further amended so that the provisions of section 83326) or Title 5 of the United States Code, relating to credit for military service, shall not apply with respect to any individual who is entitled to an annuity under such Act on or before the date of approval of this Order, or who is entitled to an annuity based on a separation from service occurring on or before such date. "b) Subject to subsection (c), in any case in which an individual described in subsection (a)

insurance benefits under section 202 or the Social Security Act (or would be enlilled to such benefits upon filing application therefor), the amount of the annuity to which such individual is entitled under chapler 8 of the Act (aser taking into account subsection (a)) which is payable for any month shall be reduced by an amount determined by multiplying the amount of such old-age or survivors insurance benefit for the determination month by a fraction

"(1) the numerator of which is the total of the wages (within the meaning of section 209 of the Social Security Act) for service referred to in section 210(1) of such Act (relating to service in the uniformed services) and deemed additional wages (within the meaning of section 229 of such Act) of such individual crediled for years aner 1956 and before the calendar year in which the determination month occurs, up to the contribution and benefit base determined under section 280 of the Social Security Act (or other applicable maximum annual amount referred to in section 215(eX1) of such Act) for each such year, and

"(2) the denominator of which is the wlal of all wages deemed additional wages described in paragraph (1) of this subsection plus all other wages (within the meaning of section 209 or the Social Security Act) and all sell-cmployment income (within the meaning of section 211(b) of such Act) of such individual crediud for years arer 1936 and before the calendar year in which the determination month occurs, up to the contribution and benefit base (or such other amount referred to in such section 215(cXl) of such Act) for each such year.

"(c) Subsection (b) shall not reduce the annuity of any individual below the amount of the annuity which would be payable under chapter 8 of the Act to the individual for the determination month is section 83320) of Title 5 of the United States Code applied to the individual for such month.

"d) For purposes of this section, the term (determination month) means

"1) the first month the individual described in subsection (a) is entitled to old-age or survivors insurance benefits under section 202 of the Social Security Act (or would be entitled to such benefits upon filing application therefor); or

(2) the first day of the month following the month in which this Order is issued in the case of any individual so entitled to such benefits for such month.

We The preceding provisions of this section shall lake e Tect with respect to any annuity pay. ment payable under chapter 8 of the Act for calendar months beginning after the date of this Onder.

"YO The Secretary of Health and Human Services shall furnish such information to the Secretary of State as may be necessary to carry out the preceding provisions of this section.".

191 Sec. 4(b) of Executive Order 12446 (October 17, 1983; 48 F.R. 48443) inserted the par. des. ignation "Y1y" anitd a new par. (2), (3), and (4), effective October 17, 1983.

(B) each period of military or naval service performed after December 31, 1956, and before the separation on which the entitlement to annuity under this subchapter 168 is based, only if a deposit (with interest if any is required) is made with respect

to that period, as provided in section 805(e). (3) 191 The service of an individual who first became a participant on or after the date of this Order with credit under section 816 for civilian service performed prior to October 1982, shall include credit for each period of military or naval service performed before the date of separation on which the entitlement to an annuity under this subchapter 168 is based, subject, in the case of military or naval service performed after December 1956, to section 8166), as deemed to be added by this Order.

(4) 191 The service of an individual who first became a participant before the date of this Order shall include credit for each period of military or naval service performed before the date of the separation on which the entitlement to an annuity under this subchapter 168 is based, subject, in the case of military or naval service performed after December 1976, to section 816(j), as deemed to be added by this Order.

(b) In computing any annuity under this subchapter, 168 the total service of a participant who retires on an immediate annuity or who dies leaving a survivor or survivors entitled to an annuity includes (without regard to the 35-year limitation imposed by section 806(a)) the days of unused sick leave to the credit of the participant, except that these days shall not be counted in determining average basic salary or annuity eligibility under this subchapter.168 A contribution to the Fund shall not be required from a participant for this service credit.

(cX1) A participant who enters on approved leave without pay to serve as a full-time officer or employee of an organization composed primarily of Government employees may, within 60 days after entering on that leave without pay, file with the employing agency an election to receive full retirement credit for each such periods of leave without pay and arrange to pay concurrently into the Fund through the employing agency, amounts equal to the retirement deductions and agency contributions on the Foreign Service salary rate that would be applicable if the participant were in a pay status. If the election and all payments provided by this subsection are not made for the periods of such leave without pay occurring after November 7, 1976, the participant may not receive any credit for such periods of leave without pay occurring after such date.

(2) A participant may make a special contribution for any period or periods of approved leave without pay while serving before November 7, 1976, as a full-time officer or employee of an organization composed primarily of Government employees. Any such contribution shall be based upon the suspended Foreign Service salary rate and shall be computed in accordance with section 805. A participant who makes such contributions shall be allowed full retirement credit for the period or periods of leave without pay. If this contribution is not made, up to 6 months' retirement credit shall be allowed for such periods of leave without pay each calendar year.

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