22 U.S. Code § 4071a - Definitions

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As used in this part, unless otherwise specified—
(1) the term “court order” has the same meaning given in section 4044 (4) of this title;
(2) the term “Fund” means the Foreign Service Retirement and Disability Fund maintained by the Secretary of the Treasury pursuant to section 4042 of this title;
(3) the term “lump-sum credit” means the unrefunded amount consisting of—
(A) retirement deductions made from the basic pay of a participant under section 4071e of this title (or under section 204 of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983);
(B) amounts deposited by a participant under section 4071c of this title to obtain credit under this System for prior civilian or military service; and
(C) interest on the deductions and deposits which, for any calendar year, shall be 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 4059 of this title, as determined by the Secretary of the Treasury (compounded annually); but does not include interest—
(i) if the service covered thereby aggregates 1 year or less; or
(ii) for a fractional part of a month in the total service;
(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 subchapter is of
(B) the total number of years of such service, disregarding extra credit under section 4057 of this title;
(7) the term “revised annuity participant” means any individual who—
(A) on December 31, 2012—
(i) is not a participant;
(ii) is not performing service which is creditable service under section 4071c of this title; and
(iii) has less than 5 years creditable service under section 4071c of this title; and
(B) after December 31, 2012, becomes a participant performing service which is creditable service under section 4071c of this title;
(8) the term “supplemental liability” means the estimated excess of—
(A) the actuarial present value of all future benefits payable from the Fund under this part 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 4071e of this title and
(II) contributions for past civilian and military service;
(ii) the actuarial present value of future contributions to be made pursuant to section 4071f of this title;
(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 accepted actuarial practices and principles;
(9) the term “System” means the Foreign Service Pension System; and
(10) the term “special agent” has the same meaning given in section 4044 (15) of this title.

Source

(Pub. L. 96–465, title I, § 852, as added Pub. L. 99–335, title IV, § 415,June 6, 1986, 100 Stat. 615; amended Pub. L. 100–238, title II, § 241,Jan. 8, 1988, 101 Stat. 1776; Pub. L. 105–382, § 2(a)(2),Nov. 13, 1998, 112 Stat. 3406.)
References in Text

The Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983, referred to in pars. (3)(A) and (7)(B)(iii)(II), is title II of Pub. L. 98–168, Nov. 29, 1983, 97 Stat. 1106, as amended, which is set out as a note under section 8331 of Title 5, Government Organization and Employees.
Amendments

1998—Par. (9). Pub. L. 105–382added par. (9).
1988—Pars. (3) to (8). Pub. L. 100–238added par. (3) and redesignated former pars. (3) to (7) as (4) to (8), respectively.
Effective Date of 1998 Amendment

Amendment by Pub. L. 105–382effective Nov. 13, 1998, with provisions relating to applicability with respect to certain individuals, see section 4 ofPub. L. 105–382, as amended, set out as a note under section 4044 of this title.
Effective Date of 1988 Amendment

Amendment by Pub. L. 100–238effective 90 days after Jan. 8, 1988, see section 261(a) ofPub. L. 100–238, set out as a note under section 4054 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

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.

22 USCDescription of ChangeSession YearPublic LawStatutes at Large
§ 4071a2013113-67 [Sec.] 402(a)127 Stat. 1185
§ 4071a2012112-96 [Sec.] 5002(a)126 Stat. 200

 

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