For provisions relating to delayed applicability of amendment by Pub. L. 117–225, see Effective Date of 2022 Amendment note set out under section 8336 of Title 5, Government Organization and Employees.
Section 1(b) and (c) of Ex. Ord. No. 12446,
(1) the participant makes a contribution for such period as provided in such section 4045(d) of this title; or
(2) no contribution is required for such service as provided under section 4045(f) of this title as deemed to be amended by this Order, or under any other statute.
The Social Security Act, referred to in subsec. (m)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
2022—Subsec. (a)(6)(D). Pub. L. 117–225 added subpar. (D).
2012—Subsec. (a)(2)(B), (3). Pub. L. 112–96 substituted “section 8415(e)” for “section 8415(d)”.
2002—Subsec. (a)(9). Pub. L. 107–228 added par. (9).
1998—Subsec. (a)(6). Pub. L. 105–382, § 2(d)(1), added par. (6). Former par. (6) redesignated (7).
Subsec. (a)(7). Pub. L. 105–382, § 2(d)(2)(B), added par. (7). Former par. (7) redesignated (8).
Subsec. (a)(8). Pub. L. 105–382, § 2(d)(2)(A), (3)(A), redesignated par. (7) as (8) and substituted “(4), and (6)” for “and (4)”.
1992—Subsec. (a)(6). Pub. L. 102–499 substituted “section 5545(c)(2)” for “section 5545(a)(2)”.
1990—Subsec. (a). Pub. L. 101–513 designated existing provisions as par. (1) and added pars. (2) to (6).
1988—Subsec. (b)(1)(C). Pub. L. 100–238, § 213(a), substituted “24-month” for “12-month”.
Subsec. (c)(1), (2). Pub. L. 100–238, § 214(a)(1), inserted “or a former spouse who is the natural or adoptive parent of a surviving child of the annuitant” after “survived by a spouse”.
Subsec. (d). Pub. L. 100–238, § 214(a)(2), amended first sentence generally. Prior to amendment, first sentence read as follows: “If a surviving spouse dies or the annuity of a child is terminated, the annuities of any remaining children shall be recomputed and paid as though such spouse or child had not survived the participant.”
Subsec. (i)(2). Pub. L. 100–238, § 213(b), substituted “this part” for “section 4054(b) of this title”.
Subsec. (l). Pub. L. 100–238, § 217(c)(1), struck out subsec. (l) which set minimum rates for annuities paid under this part.
1986—Subsecs. (b)(3)(C), (h). Pub. L. 99–335, § 402(a)(3), inserted “under this part” after “payable from the Fund”.
Subsec. (l)(1), (2). Pub. L. 99–335, § 402(a)(2), substituted “part” for “subchapter”.
Subsec. (m). Pub. L. 99–556, § 402, amended subsec. (m) generally. Prior to amendment, subsec. (m) read as follows: “The annuity or survivor annuity payable to any individual subject to section 4045(h) of this title beginning with the first month for which such individual both—
“(1) attains the minimum age for old-age benefits under title II of the Social Security Act, and
“(2) first becomes entitled, or would upon proper application become entitled, for disability or survivor benefits under title II of the Social Security Act based on the service of any individual under this part,
shall be computed as if section 8349 of title 5 were applicable.”
Pub. L. 99–335, § 406, added subsec. (m).
Subsec. (n). Pub. L. 99–335, § 407, added subsec. (n).
Amendment by Pub. L. 117–225 effective
Pub. L. 107–228, div. A, title III, § 322(c)(1),
Amendment by Pub. L. 105–382 effective
Amendment by Pub. L. 100–238 effective 90 days after
Pub. L. 99–556, title IV, § 408,
Amendment by Pub. L. 99–335 effective
Pub. L. 99–335, title IV, § 417, “(a) Notwithstanding section 702 of this Act [5 U.S.C. 8401 note], the authority of the Secretary of State to issue regulations under subchapter II of title 8 [probably means subchapter II of chapter 8 of title I] of the Foreign Service Act of 1980 [part II of this subchapter] shall take effect on the date of enactment of this Act [“(b) 18-(1) Notwithstanding section 702 of this Act, the amendment made by section 407 [enacting subsec. (n) of this section] shall take effect 3 months after the date of enactment of this Act.“(2)(A) Subject to subparagraph (B), the amendment made by section 407 shall apply with respect to participants and former participants who retire before, on, or after such amendment first takes effect.“(B) For the purpose of applying the provisions of paragraph (1) of section 806(n) of the Foreign Service Act of 1980 (as added by section 407) to former participants who retire before the date on which the amendment first takes effect—“(i) the period referred to in subparagraph (A) or (B) of such paragraph (as the case may be) shall be considered to begin on the date on which such amendment first becomes effective; and“(ii) the amount referred to in paragraph (2) of such section 806(n) shall be computed without regard to the provisions of subparagraph (B)(ii) of such paragraph (relating to interest).“(3) For purposes of this subsection, the term ‘participant’ has the meaning given that term in section 803 of the Foreign Service Act of 1980 (22 U.S.C. 4043).”
For provisions relating to promulgation of regulations to carry out the amendments made by Pub. L. 117–225, see section 3(e) of Pub. L. 117–225, set out as a note under section 8336 of Title 5, Government Organization and Employees.
Pub. L. 100–238, title II, § 203, “(a) A former participant who married his or her current spouse before the effective date of the Foreign Service Act of 1980 [see Effective Date note set out under section 3901 of this title] and who married such spouse after retirement under the Foreign Service Retirement and Disability System and who was unable to provide a survivor annuity for such spouse because—“(1) the participant was married at the time of retirement and elected not to provide a survivor annuity for that spouse at the time of retirement, or“(2) subject to subsection (e), the participant failed to notify the Secretary of State of the participant’s post-retirement marriage within one year after the marriage,may make the election described in subsection (b).“(b) “(1) The election referred to in subsection (a) is an election in writing—“(A) to provide for a survivor annuity for such spouse under section 806(g) of the Foreign Service Act of 1980 (22 U.S.C. 4046(g));“(B) to have his or her annuity reduced under section 806(b)(2) of such Act; and“(C) to deposit in the Foreign Service Retirement and Disability Fund an amount determined by the Secretary of State, as nearly as may be administratively feasible, to reflect the amount by which such participant’s annuity would have been reduced had the election been continuously in effect since the annuity commenced, plus interest computed under paragraph (2).“(2) For the purposes of paragraph (1), the annual rate of interest shall be 6 percent for each year during which the annuity would have been reduced if the election had been in effect on and after the date the annuity commenced.“(c) If the participant does not make the deposit referred to in subsection (b)(1)(C), the Secretary of State shall collect such amount by offset against such participant’s annuity, up to a maximum of 25 percent of the net annuity otherwise payable to such participant. Such participant is deemed to consent to such offset.“(d) The Secretary of State shall provide for notice to the general public of the right to make an election under this section.“(e) In any case in which subsection (a)(2) applies, the retired employee or Member shall provide the Secretary of State with such documentation as the Secretary of State shall decide is appropriate, to show that such participant attempted to elect a reduced annuity with survivor benefit for his or her current spouse and that such election was rejected by the Secretary of State because it was untimely filed.“(f) A deposit required by this subsection may be made by the surviving spouse of the participant.“(g) The election authorized in subsection (a) may only be made within one year after the date of enactment of this title [“(h) For the purposes of this section, the terms ‘participant’ and ‘surviving spouse’ have the same meaning given such terms in subchapter I of chapter 8 of the Foreign Service Act of 1980 [this part].”