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(ii) for a fractional part of a month in the total serv

ice; (4) the term "normal cost” means the entry-age normal cost of the provisions of the System which relate to the Fund, computed by the Secretary of State in accordance with generally accepted actuarial practice and standards (using dynamic assumptions) and expressed as a level percentage of aggregate basic pay;

(5) the term “participant” means a person who participates in the Foreign Service Pension System;

(6) the term “pro rata share” in the case of any former spouse of any participant or former participant means the percentage which is equal to the percentage that (A) the number of years during which the former spouse was married to the participant during the service of the participant which is creditable under this chapter is of (B) the total number of years of such service, disregarding extra credit under section 817;

(7) the term "supplemental liability” means the estimated excess of

(A) the actuarial present value of all future benefits pay. able from the Fund under this subchapter based on the service of participants or former participants, over (B) the sum of

(i) the actuarial present value of (I) deductions to be withheld from the future basic pay of participants pursuant to section 856 and (II) contributions for past civilian and military service;

(ii) the actuarial present value of future contributions to be made pursuant to section 857;

(iii) the Fund balance as of the date the supplemental liability is determined, to the extent that such balance is attributable

(I) to the System, or

(II) to the contributions made under the Federal Employees' Retirement Contribution Temporary

Adjustment Act of 1983 (5 U.S.C. 8331 note); and (iv) any other appropriate amount, as determined by the Secretary of State in accordance with generally ac

cepted actuarial practices and principles; and (8) the term “System” means the Foreign Service Pension System. SEC. 853.230, 234 PARTICIPANTS.—(a) Except for persons excluded by subsection (b), (c), or (d), all members of the Foreign Service, any of whose service after December 31, 1983, is employment for the purpose of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1986,235 who would, but for this section, be participants in the Foreign Service Retirement and Disability System pursuant to section 803 shall instead be participants in the Foreign Service Pension System.

234 22 U.S.C. 4071b.

236 Sec. 2 of the Tax Reform Act of 1986 (Public Law 99-514; 100 Stat. 2095) struck out "Internal Revenue Code of 1954" and inserted in lieu thereof "Internal Revenue Code of 1986', wherever it is cited in any law.

(b) Members of the Service who were participants in the Foreign Service Retirement and Disability System on or before December 31, 1983, and who have not had a break in service in excess of one year since that date, are not made participants in the System by this section, without regard to whether they are subject to title II of the Social Security Act.

(c) Individuals who become members of the Service after having completed at least 5 years of civilian service creditable under subchapter I, subchapter III of chapter 83 of title 5, United States Code (the Civil Service Retirement System), or title II of the Central Intelligence Agency Retirement Act (50 U.S.C. 2011 et seq.) 236 (determined without regard to any deposit or redeposit requirement under any such subchapter or title, any requirement that the individual become subject to such 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 subchapter or title) are not participants in the System, except to the extent provided for under title Ill of the Federal Employees' Retirement System Act of 1986 pursuant to an election under such title to become subject to this subchapter (under regulations issued by the Secretary of State pursuant to section 860).

(d) The Secretary may exclude from the operation of this subchapter any member of the Foreign Service, or group of members, whose employment is temporary or intermittent, except a member whose employment is part-time career appointment or career candidate appointment under section 306.

SEC. 854.230, 237 CREDITABLE SERVICE.-a) For purposes of this subchapter, creditable service of a participant includes

(1) service as a participant after December 31, 1986;

(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) except as provided in subsection (b), any civilian service performed before January 1, 1989 (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 subchapter I (determined without regard to any deposit or redeposit requirement under such subchapter, subchapter III of chapter 83 of title 5, Uniud States Code (the Civil Service Retirement System), or title II of the Central Intelligence Agency Retirement Act (60 U.S.C. 2011 et seq.) 238 any requirement that the individual become

238 Sec. 204(6X1) of the Intelligence Authorization Act for Fiscal Year 1994 (Public Law 103 178; 107 Suat. 2033) struck out "uitle Il of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees and inserted in lieu ther

rted in lieu thereof "Lille Il of the Cenu al locelligence Agency Retirement Act (50 U.S.C. 2011 et seq.)".

Previously, bec. 804(b) of the Intelligence Authorization Act for Fiscal Year 1993 (Public Law 102-496; 106 Slat. 3253) provided that any reference in law to the "Central Intelligence Agency Retirement Act of 1964 for Certain Employeershall be deemed to refer to the "Central Intel ligence Agency Retirement Act", as amended and reslated by sec. 802 of Public Law 102 496.

237 22 U.S.C. 4071c.

238 Sec. 2044bX2XA) of the Intelligence Authorization Act for Fiscal Year 1994 (Public Law 103-178; 107 Slat. 2033) struck out "lille il of the Central Intelligence Agency Retirement Act

Continued wiove and inserted in hieu thereof "title Ill of the Centrai inichigence HowUS.C. 2151 et seq.).

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Samui Act". as amended and roatated by sec 02 of Pubic Law 102-490. in ina the Intelligence Authorization Act or Fiscal Year 1994 (Pubic Law i muruck out "ditle ! Il of the Central Intelligence Agency Retirement Act 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.

w the Intelligence Authorization Act for Fiscal Year 1993 (Public Law in provided that any reference in law 'o the "Central Intelligence Agency

lo Certain Employees shall be deemed to refer to the teniral Inter* Ace”, as amended and reatated by sec. 202 of Public Law 102-496. klaw 99-FFA IMA Stat. 3137) struck out which would have been de

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(e) 241 A 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 242 (from the appropriation or fund which is used for payment of the salary of the participant) determined under section 857(a) 243 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 subchapter and shall not, unless all retirement credit is transferred, be counted as creditable service under any other Government retirement system.

SEC. 855.230, 244 ENTITLEMENT TO ANNUITY.-(a)1) Any participant may be retired under the conditions specified in section 811 and shall be retired under the conditions specified in sections 812 and 813 and receive benefits under this subchapter. (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. (b)(1) Any participant who retires voluntarily or mandatorily under section 607, 608, 811, 812, or 813 under conditions authorizing an immediate annuity for participants in the Foreign Service Retirement and Disability System and who has completed at least 5 years as a member of the Foreign Service 245 shall be entitled to an immediate annuity computed under paragraph (2). (2) An annuity under paragraph (1) shall be computed

(A) 246 in accordance with section 8416(0/1) of title 5, United States Code, for all service while a participant in this System and for prior service creditable under this subchapter not otherwise counted as

(i) a member of the Service,

(ii) an employee of the Central Intelligence Agency entitled to retirement credit under title II of the Central Intelligence Agency Retirement Act (50 U.S.C. 2011 et seq.) or

thereof "which was deducted and withheld from the individual's basic pay under the other retirement system".

ni Sec. 405(b) of Public Law 99-556 (100 Stat. 3137) added subsec. (e).
32 Sec. 242(1) of Public Law 100–238 (101 Stat. 1776) struck out "matching here.

M3 Sec. 242(2) of Public Law 100_238 (101 Stat. 1776) inserted “determined under section 857(a)".

22 U.S.C. 4071d. 246 Sec. 406(a) of Public Law 99-556 (100 Stat. 3138) struck out "of service subject to this chapter" at this point and inserted "as a member of the Foreign Service".

mis Sec. 406(b) of Public Law 99_556 (100 Stat. 3138) substantially a mended and restated all subpar. under sec. 855(b).

under section 302(a) or 303(b) of that Act (50 U.S.C. 2152(a), 2153(b)) 247 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, United States Code, or in the Federal Employees' Retirement System

under chapter 84 of title 5, United States Code; and (B) at the rate stated in section 8415(a) of title 5, United States Code, for all other service creditable under this System including service in excess of 20 years otherwise creditable

under paragraph (A). (3) 248 any participant who is involuntarily retired or separated under section 607, 608, or 610 and who would if a participant under subchapter I, become eligible for a refund of contributions or a deferred annuity under subchapter I, shall, in lieu thereof, receive benefits for an involuntary separation under this subchapter.

(4) 248 A disability annuity under this subchapter required to be redetermined under section 8452(b) of title 5, United States Code, 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 section 811 of this Act.

(5) 248 A former participant entitled to a deferred annuity under section 8413(b) of title 5, United States Code, shall not be subject to section 8415(f)(1) of such title 5 if the former participant has 20 years of service creditable under this subchapter and is at least 50 years of age as of the date on which the annuity is to commence.

(6) 248 (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 subchapter 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) 249 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 enti

ection 8413.15(0)(1) of sue under this the annuity is

247 Sec. 204(X3) of the Intelligence Authorization Act for Fiscal Year 1994 (Public Law 103– 178; 107 Stat. 2033) struck out “under title Il of the Central Intelligence Agency Retirement Act of 1964 for Certain Employces or under section 302(a) or 303(b) of that Act" and inserted in lieu thereof "under title II of the Central Intelligence Agency Retirement Act (50 U.S.C. 2011 et seq.) or under section 302(a) or 303(b) of that Act (50 U.S.C. 2152(a), 2153(b))".

Previously, sec. 804(b) of the Intelligence Authorization Act for Fiscal Year 1993 (Public Law 102-496; 106 Stat. 3253) provided that any reference in law to the "Central Intelligence Agency Retirement Act of 1964 for Certain Employees” shall be deemed to refer to the "Central Intel. ligence Agency Retirement Act", as amended and restated by sec. 802 of Public Law 102-496.

248 Sec. 406(c) of Public Law 99-556 (100 Stat. 3138) added par. (3), (4), (5), and (6). 249 Refers to tille 5 U.S.C. 8442(0X2XA).

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