 See References in Text note below.

of title 5) of any member of the Service whose official duty station is outside the continental United States shall be considered to be the salary that would have been paid to the member had the member’s official duty station been Washington, D.C., including locality-based comparability payments under

Editorial Notes

References in Text

Section 8414 of title 5, referred to in subsec. (a)(3), does not contain the term “average pay”. Section 8415 of title 5 relates to annuity computation, and section 8401 of title 5 defines “average pay”.

The Central Intelligence Agency Retirement Act, referred to in subsec. (b)(2)(A)(ii), is Pub. L. 88–643, as revised generally by Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3196. Title II of the Act is classified generally to subchapter II (§ 2011 et seq.) of chapter 38 of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 2001 of Title 50 and Tables.

Subsec. (d) of section 8412 of title 5, referred to in subsec. (c), was redesignated as subsec. (d)(1) of that section, and a new subsec. (d)(2) was added, by Pub. L. 117–225, § 3(b)(1), Dec. 9, 2022, 136 Stat. 2294.

Amendments

2012—Subsec. (b)(2)(A). Pub. L. 112–96, § 5001(c)(2)(F)(i), substituted “section 8415(e)(1)” for “section 8415(d)(1)” in introductory provisions.

Subsec. (b)(5). Pub. L. 112–96, § 5001(c)(2)(F)(ii), substituted “section 8415(g)(1)” for “section 8415(f)(1)”.

2002—Subsec. (a)(3). Pub. L. 107–228 added par. (3).

1998—Subsec. (b)(1). Pub. L. 105–277, § 2312(b)(1)(A), and Pub. L. 105–382 amended par. (1) identically, inserting “4010a,” after “4008,”.

Pub. L. 105–277, § 2312(b)(1)(C), substituted “Service, shall” for “Service shall”.

Pub. L. 105–277, § 2312(b)(1)(B), inserted “or for participants in the Foreign Service Pension System,” after “Retirement and Disability System”.

Subsec. (b)(3). Pub. L. 105–382, which directed the insertion of “4010a,” after “4008,” in par. (3), was not executed to reflect the probable intent of Congress and the amendment by Pub. L. 105–277, § 2312(b)(2). See below.

Pub. L. 105–277, § 2312(b)(2), substituted “4010, or 4010a” for “or 4010”.

1993—Subsec. (b)(2)(A)(ii). Pub. L. 103–178 substituted “under title II of the Central Intelligence Agency Retirement Act (50 U.S.C. 2011 et seq.) or under section 302(a) or 303(b) of that Act (50 U.S.C. 2152(a), 2153(b))” for “under title II of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees or under section 302(a) or 303(b) of that Act”.

1986—Subsec. (b)(1). Pub. L. 99–556, § 406(a), substituted “as a member of the Foreign Service” for “of service subject to this subchapter”.

Subsec. (b)(2). Pub. L. 99–556, § 406(b), amended par. (2) by substituting subpars. (A) and (B) for former subpars. (A) to (C). Prior to amendment, subpars. (A) to (C) read as follows:

“(A) for all service earned while a participant in this System, at the rate stated in section 8415(d) of title 5; and

“(B) for all service earned while a participant in another retirement system creditable under section 4071c(d) of this title, at the rate which would have been applicable to the individual had that individual remained a participant in the other system; and

“(C) for all volunteer service creditable under section 4071c(c) of this title, at the rate stated in section 8415(a) of title 5.”

Subsec. (b)(3) to (6). Pub. L. 99–556, § 406(c), added pars. (3) to (6).

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–228 applicable to service performed on or after the first day of the first pay period beginning on or after the date that is 90 days after Sept. 30, 2002, see section 322(c)(1) of Pub. L. 107–228, set out as a note under section 4046 of this title.

Effective Date of 1998 Amendments

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

Amendment by Pub. L. 105–277 effective Oct. 21, 1998, except that amendment made by section 2312(b)(1)(A), (2) of Pub. L. 105–277 applicable with respect to any actions taken under section 4010a of this title on or after Jan. 1, 1996, see section 2312(c) of Pub. L. 105–277, set out as a note under section 4009 of this title.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–556 effective Jan. 1, 1987, see section 408 of Pub. L. 99–556, set out as a note under section 4046 of this title.