22 U.S.C. § 4067: Compatibility between retirement systems

affects the treatment of current or former participants, annuitants, or survivors under the Civil Service Retirement and Disability System; and affects treatment which, immediately prior to the enactment of such law, was substantially identical to the treatment accorded to participants, former participants, annuitants, or survivors under the Foreign Service Retirement and Disability System; all provisions of law enacted prior to the effective date of that provision of the Executive order, and any prior provision of an Executive order issued under this section. The President shall maintain, under the same conditions and in the same manner as provided in subsections (a) and (b) existing conformity between the Federal Employees’ Retirement System provided in chapter 84 of title 5 and the Foreign Service Pension System provided in part II of this subchapter. ⅙ of the applicable percent change determined under Subsection (b) of this Section, multiplied by the number of full months for which the annuity was payable from the Fund before the effective date of the increase (counting any portion of a month as a full month).”. separation from the Service occurs; or pay ceases and the service and age requirements for entitlement to annuity are met. a participant who is retired and is eligible for benefits under section 609(a) [ 22 U.S.C. 4009(a) ] or a participant who is retired under section 813 [ 22 U.S.C. 4053 ] or is otherwise involuntarily separated from the Service, except by removal for cause on charges of misconducted or delinquency. a participant retiring under section 808 [ 22 U.S.C. 4048 ] due to a disability, and a participant who serves 3 days or less in the month of retirement— shall commence on the day after separation from the Service or the day after pay ceases and the requirements for entitlement to annuity are met.”. each period of military or naval service performed before January 1, 1957 , and each period of military or naval service performed after December 31, 1956 , and before the separation on which the entitlement to annuity under this chapter is based, only if a deposit (with interest if any is required) is made with respect to that period, as provided in section 805(e) [ 22 U.S.C. 4045(e) ]. The service of an individual who first became a participant on or after the date of this Order with credit under section 816 [ 22 U.S.C. 4056 ] for civilian service performed prior to October 1982, shall include credit for each period of military or naval service performed before the date of the separation on which the entitlement to an annuity under this chapter is based, subject, in the case of military or naval service performed after December 1956, to section 816(j) [ 22 U.S.C. 4056(j) ], as deemed to be added by this Order. The service of an individual who first became a participant before the date of this Order shall include credit for each period of military or naval service performed before the date of the separation on which the entitlement to an annuity under this chapter is based, subject, in the case of military or naval service performed after December 1976, to section 816(j) [ 22 U.S.C. 4056(j) ], as deemed to be added by this Order” Except as otherwise provided by statute or Executive Order, Section 8332(j) of Title 5 , United States Code, relating to redetermination of credit for military and naval service, shall be applied to annuities payable under this chapter. The Secretary of State shall redetermine service, and may request and obtain information from the Secretary of Health and Human Services, as the Office of Personnel Management is directed or authorized to do in Section 8332(j). the service of any individual who first became a participant on or after the date of this Order without any credit under section 816 [ 22 U.S.C. 4056 ] for civilian service performed prior to October 1982; or any military or naval service performed prior to 1957 by an individual who first became a participant on or after the date of this Order with credit under section 816 [ 22 U.S.C. 4056 ] for civilian service performed prior to October 1982, or any period of military or naval service performed after 1956 with respect to which the participant has made a contribution (with interest if any is required) under section 805(e) [ 22 U.S.C. 4045(e) ]; or any military or naval service performed prior to 1977 by any individual who first became a participant before the date of this Order or any period of military or naval service performed after 1976 with respect to which the participant has made a contribution (with interest if any is required) under section 805(e) [ 22 U.S.C. 4045(e) ].” the maximum pay rate payable for class FS–1 under section 403, 30 days before the effective date of the adjustment under this section; or the final pay (or average pay, if higher) of the former participant with respect to whom the annuity is paid, increased by the overall annual average percentage adjustments (compounded) in rates of pay of the Foreign Service Schedule under such section 403 during the period— beginning on the date the annuity commenced (or, in the case of a survivor of the retired participant, the date the participant’s annuity commenced), and For the purposes of paragraph (1) of this subsection, ‘pay’ means the rate of salary or basic pay as payable under any provision of law, including any provision of law limiting the expenditure of appropriated funds.”.