U.S Code last checked for updates: Nov 22, 2024
§ 4156.
Preservation of status and benefits
(a)
Conversion to class, grade, or step corresponding to level prior to conversion; reduction in position or salary; conversion from Foreign Service under section 4154 of this title
(1)
Every individual who is converted under this subchapter shall be converted to the class or grade and pay rate that most closely corresponds to the class or grade and step at which the individual was serving immediately before conversion. No conversion under this subchapter shall cause any individual to incur a reduction in his or her class, grade, or basic rate of salary.
Any Foreign Service Reserve officer with limited tenure who has reemployment rights to a personnel category in the Foreign Service in which he or she would be a participant in the Foreign Service Retirement and Disability System and who would, but for this paragraph, continue to participate in the Civil Service Retirement and Disability System by virtue of conversion under section 4154 of this title may elect, during the 120-day period beginning on the date of such conversion, to become a participant in the Foreign Service Retirement and Disability System so long as he or she is employed in an agency which is authorized to utilize the Foreign Service personnel system. If such an election is made, the individual shall be transferred to the Foreign Service Retirement and Disability System and contributions made by that individual to the Civil Service Retirement and Disability Fund shall be transferred to the Foreign Service Retirement and Disability Fund.
(c)
Conversion to type of appointment corresponding in tenure to that prior to conversion
(d)
Reappointment resulting from enactment of Foreign Service Act of 1980
Any individual who on February 15, 1981, is serving—
(1)
under an appointment in the Foreign Service, or
(2)
in any other office or position continued by this chapter, may continue to serve under such appointment, subject to the provisions of this chapter, and need not be reappointed by virtue of the enactment of this chapter.
(e)
Deferment of retirement provisions
Any individual in the Foreign Service—
(1)
who is serving under a career appointment on October 17, 1980, and
(2)
who was not subject to section 633(a)(2) of the Foreign Service Act of 1946 immediately before February 15, 1981,
may not be retired under section 4008 of this title until 10 years after February 15, 1981, or when such individual first becomes eligible for an immediate annuity under subchapter VIII of this chapter, whichever occurs first.
(Pub. L. 96–465, title II, § 2106, Oct. 17, 1980, 94 Stat. 2151.)
cite as: 22 USC 4156