22 U.S. Code § 4053 - Reassignment and retirement of former Presidential appointees

(a) Reassignment or retirement of participants not eligible for retirement
A participant, who completes an assignment under section 3942 (b) of this title 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 4046 or 4071d of this title, as appropriate.
(b) Retirement of participants eligible for retirement
A participant who completes an assignment under section 3942 (b) of this title in a position to which the participant was appointed by the President and is eligible for retirement and is not reassigned within 90 days after the termination of such assignment and any period of authorized leave, shall be retired from the Service and receive retirement benefits in accordance with section 4046 of this title or section 4071d of this title, as appropriate.
(c) Retirement of reemployed participants
A participant who is retired under subsection (a)(2) of this section and is subsequently employed by the United States Government, thereafter, shall be eligible to retire only under the terms of the applicable retirement system.

Source

(Pub. L. 96–465, title I, § 813,Oct. 17, 1980, 94 Stat. 2113; Pub. L. 102–138, title I, § 149,Oct. 28, 1991, 105 Stat. 670; Pub. L. 103–236, title I, § 174,Apr. 30, 1994, 108 Stat. 413.)
Amendments

1994—Pub. L. 103–236added subsecs. (a) to (c) and struck out former subsecs. (a) to (c) which read as follows:
“(a) Except as provided under subsection (b) of this section, a participant, who completes an assignment under section 3942 (b) of this title in a position to which he or she was appointed by the President, shall be offered reassignment within 90 days after the termination of such assignment and any period of authorized leave.
“(b) Subsection (a) of this section shall not apply with respect to a participant, if the Secretary of State determines that reassignment of the participant is not in the interest of the United States and the Foreign Service.
“(c) A participant who is not reassigned under subsection (a) of this section shall be retired from the Service and receive retirement benefits in accordance with section 4046 or 4071d of this title, as appropriate.”
1991—Pub. L. 102–138inserted “Reassignment and” in section catchline and amended text generally. Prior to amendment, text read as follows: “If a participant completes an assignment under section 3942 (b) of this title in a position to which he or she was appointed by the President and has not been reassigned within 3 months after the termination of such assignment (plus any period of authorized leave), the participant shall be retired from the Service and receive retirement benefits in accordance with section 4046 of this title.”

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

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22 USCDescription of ChangeSession YearPublic LawStatutes at Large

 

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