(a) Career appointees or candidates; chiefs of mission
Except as provided in subsection (d) of this section, the following members of the Service (hereinafter in this part referred to as “participants”) shall be entitled to the benefits of the System:
(1)Every member who is serving under a career appointment or as a career candidate under section
3946 of this title—
(A)in the Senior Foreign Service, or
(B)assigned to a salary class in the Foreign Service Schedule.
(2)Every chief of mission, who is not a participant under paragraph (1), who—
(A)has served as chief of mission for an aggregate period of 20 years or more, and
(B)has paid into the Fund a special contribution for each year of such service in accordance with section
4045 of this title.
(b) Executive branch appointees
Any otherwise eligible member of the Service who is appointed to a position in the executive branch by the President, by and with the advice and consent of the Senate, or by the President alone, shall not by virtue of the acceptance of such appointment cease to be eligible to participate in the System.
(c) Binational Center Grantees
In addition to the individuals who are participants in the System under subsection (a) of this section, any individual who was appointed as a Binational Center Grantee and who completed at least 5 years of satisfactory service as such a grantee or under any other appointment under the Foreign Service Act of 1946 may become a participant in the System, and shall receive credit for such service if an appropriate special contribution is made to the Fund in accordance with section
4045(d) or (f) of this title.
An individual subject to the Foreign Service Pension System (described in part II of this subchapter) is not a participant in this System.
The Foreign Service Act of 1946, referred to in subsec. (c), is act Aug. 13, 1946, ch. 957, titles I to X, 60 Stat. 999, as amended, which was classified principally to chapter 14 (§ 801 et seq.) of this title, and was repealed by Pub. L. 96–465, title II, 2205(1), Oct. 17, 1980, 94 Stat. 2159.
1986—Subsec. (a). Pub. L. 99–335, §§ 402(a)(2),
414(1), substituted “Except as provided in subsection (d) of this section, the” for “The” and “part” for “subchapter” in provisions preceding par. (1).
Amendment by Pub. L. 99–335effective Jan. 1, 1987, see section 702(a) ofPub. L. 99–335, set out as an Effective Date note under section
8401 of Title
5, Government Organization and Employees.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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