2017 US Code
Title 22 - Foreign Relations and Intercourse
Chapter 52 - Foreign Service
Subchapter VIII - Foreign Service Retirement and Disability
Part I - Foreign Service Retirement and Disability System
Sec. 4053 - Reassignment and retirement of former Presidential appointees
22 U.S.C. § 4053 (2017) |
§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. 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 participantsA participant who is retired under subsection (a)(2) and is subsequently employed by the United States Government, thereafter, shall be eligible to retire only under the terms of the applicable retirement system. |
(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. 103–236 added 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. 102–138 inserted "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." |
United States Code, 2012 Edition, Supplement 5, Title 22 - FOREIGN RELATIONS AND INTERCOURSE |
Bills and Statutes |
United States Code |
Y 1.2/5: |
Title 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 52 - FOREIGN SERVICE SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY Part I - Foreign Service Retirement and Disability System Sec. 4053 - Reassignment and retirement of former Presidential appointees |
section 4053 |
2017 |
January 12, 2018 |
No |
standard |
94 Stat. 2113 105 Stat. 670 108 Stat. 413 |
Public Law 96-465, Public Law 102-138, Public Law 103-236 |