{"identifier":"/us/usc/t22/s4071a","title":22,"num":"\u00a7\u202f4071a.","heading":"Definitions","text":"\u00a7\u202f4071a.\nDefinitions\nAs used in this part, unless otherwise specified\u2014\n(1) the term \u201ccourt order\u201d has the same meaning given in\nsection 4044(4) of this title\n(2) the term \u201cFund\u201d means the Foreign Service Retirement and Disability Fund maintained by the Secretary of the Treasury pursuant to\nsection 4042 of this title\n(3) the term \u201clump-sum credit\u201d means the unrefunded amount consisting of\u2014\n(A) retirement deductions made from the basic pay of a participant under\nsection 4071e of this title\n(B) amounts deposited by a participant under\nsection 4071c of this title\n(C) interest on the deductions and deposits which, for any calendar year, shall be equal to the overall average yield to the Fund during the preceding fiscal year from all obligations purchased by the Secretary of the Treasury during such fiscal year under\n(i) if the service covered thereby aggregates 1 year or less; or\n(ii) for a fractional part of a month in the total service;\n(4) the term \u201cnormal cost\u201d means the entry-age normal cost of the provisions of the System which relate to the Fund, computed by the Secretary of State in accordance with generally accepted actuarial practice and standards (using dynamic assumptions) and expressed as a level percentage of aggregate basic pay;\n(5) the term \u201cparticipant\u201d means a person who participates in the Foreign Service Pension System;\n(6) the term \u201cpro rata share\u201d in the case of any former spouse of any participant or former participant means the percentage which is equal to the percentage that (A) the number of years during which the former spouse was married to the participant during the service of the participant which is creditable under this subchapter is of (B) the total number of years of such service, disregarding extra credit under\nsection 4057 of this title\n(7) the term \u201crevised annuity participant\u201d means any individual who\u2014\n(A) on\n(i) is not a participant;\n(ii) is not performing service which is creditable service under\nsection 4071c of this title\n(iii) has less than 5 years creditable service under\nsection 4071c of this title\n(B) after\nDecember 31, 2012\nJanuary 1, 2014\nsection 4071c of this title\n(8) the term \u201cfurther revised annuity participant\u201d means any individual who\u2014\n(A) on\n(i) is not a participant;\n(ii) is not performing service which is creditable service under\nsection 4071c of this title\n(iii) has less than 5 years creditable service under\nsection 4071c of this title\n(B) after\nDecember 31, 2013\nsection 4071c of this title\n(9) the term \u201csupplemental liability\u201d means the estimated excess of\u2014\n(A) the actuarial present value of all future benefits payable from the Fund under this part based on the service of participants or former participants, over\n(B) the sum of\u2014\n(i) the actuarial present value of (I) deductions to be withheld from the future basic pay of participants pursuant to\nsection 4071e of this title\n(ii) the actuarial present value of future contributions to be made pursuant to\nsection 4071f of this title\n(iii) the Fund balance as of the date the supplemental liability is determined, to the extent that such balance is attributable\u2014\n(I) to the System, or\n(II) to the contributions made under the Federal Employees\u2019 Retirement Contribution Temporary Adjustment Act of 1983 (\n5 U.S.C. 8331\n(iv) any other appropriate amount, as determined by the Secretary of State in accordance with generally accepted actuarial practices and principles;\n(10) the term \u201cSystem\u201d means the Foreign Service Pension System; and\n(11) the term \u201cspecial agent\u201d has the same meaning given in\nsection 4044(15) of this title","url":"https://projectusc.org/usc/t22/s4071a.html","content":[{"t":"sec","id":"/us/usc/t22/s4071a","children":[{"t":"num","text":"\u00a7\u202f4071a."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"As used in this part, unless otherwise specified\u2014"},{"t":"para","id":"/us/usc/t22/s4071a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the term \u201ccourt order\u201d has the same meaning given in ","children":[{"t":"ref","text":"section 4044(4) of this title","href":"/us/usc/t22/s4044/4","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s4071a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the term \u201cFund\u201d means the Foreign Service Retirement and Disability Fund maintained by the Secretary of the Treasury pursuant to ","children":[{"t":"ref","text":"section 4042 of this title","href":"/us/usc/t22/s4042","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s4071a/3","children":[{"t":"num","text":"(3)"},{"t":"chapeau","text":" the term \u201clump-sum credit\u201d means the unrefunded amount consisting of\u2014"},{"t":"subpara","id":"/us/usc/t22/s4071a/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" retirement deductions made from the basic pay of a participant under ","children":[{"t":"ref","text":"section 4071e of this title","href":"/us/usc/t22/s4071e","tail":" (or under section 204 of the Federal Employees\u2019 Retirement Contribution Temporary Adjustment Act of 1983);"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s4071a/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" amounts deposited by a participant under ","children":[{"t":"ref","text":"section 4071c of this title","href":"/us/usc/t22/s4071c","tail":" to obtain credit under this System for prior civilian or military service; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s4071a/3/C","children":[{"t":"num","text":"(C)"},{"t":"chapeau","text":" interest on the deductions and deposits which, for any calendar year, shall be equal to the overall average yield to the Fund during the preceding fiscal year from all obligations purchased by the Secretary of the Treasury during such fiscal year under ","children":[{"t":"ref","text":"section 4059 of this title","href":"/us/usc/t22/s4059","tail":", as determined by the Secretary of the Treasury (compounded annually); but does not include interest\u2014"}]},{"t":"clause","id":"/us/usc/t22/s4071a/3/C/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" if the service covered thereby aggregates 1 year or less; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s4071a/3/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" for a fractional part of a month in the total service;","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s4071a/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" the term \u201cnormal cost\u201d means the entry-age normal cost of the provisions of the System which relate to the Fund, computed by the Secretary of State in accordance with generally accepted actuarial practice and standards (using dynamic assumptions) and expressed as a level percentage of aggregate basic pay;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s4071a/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" the term \u201cparticipant\u201d means a person who participates in the Foreign Service Pension System;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s4071a/6","children":[{"t":"num","text":"(6)"},{"t":"content","text":" the term \u201cpro rata share\u201d in the case of any former spouse of any participant or former participant means the percentage which is equal to the percentage that (A) the number of years during which the former spouse was married to the participant during the service of the participant which is creditable under this subchapter is of (B) the total number of years of such service, disregarding extra credit under ","children":[{"t":"ref","text":"section 4057 of this title","href":"/us/usc/t22/s4057","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s4071a/7","children":[{"t":"num","text":"(7)"},{"t":"chapeau","text":" the term \u201crevised annuity participant\u201d means any individual who\u2014"},{"t":"subpara","id":"/us/usc/t22/s4071a/7/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" on ","children":[{"t":"text","text":"December 31, 2012","tail":"\u2014"}]},{"t":"clause","id":"/us/usc/t22/s4071a/7/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" is not a participant;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s4071a/7/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" is not performing service which is creditable service under ","children":[{"t":"ref","text":"section 4071c of this title","href":"/us/usc/t22/s4071c","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s4071a/7/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" has less than 5 years creditable service under ","children":[{"t":"ref","text":"section 4071c of this title","href":"/us/usc/t22/s4071c","tail":"; and"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s4071a/7/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" after ","children":[{"t":"text","text":"December 31, 2012","tail":", and before "},{"t":"text","text":"January 1, 2014","tail":", becomes a participant performing service which is creditable service under "},{"t":"ref","text":"section 4071c of this title","href":"/us/usc/t22/s4071c","tail":";"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s4071a/8","children":[{"t":"num","text":"(8)"},{"t":"chapeau","text":" the term \u201cfurther revised annuity participant\u201d means any individual who\u2014"},{"t":"subpara","id":"/us/usc/t22/s4071a/8/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" on ","children":[{"t":"text","text":"December 31, 2013","tail":"\u2014"}]},{"t":"clause","id":"/us/usc/t22/s4071a/8/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" is not a participant;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s4071a/8/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" is not performing service which is creditable service under ","children":[{"t":"ref","text":"section 4071c of this title","href":"/us/usc/t22/s4071c","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s4071a/8/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" has less than 5 years creditable service under ","children":[{"t":"ref","text":"section 4071c of this title","href":"/us/usc/t22/s4071c","tail":"; and"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s4071a/8/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" after ","children":[{"t":"text","text":"December 31, 2013","tail":", becomes a participant performing service which is creditable service under "},{"t":"ref","text":"section 4071c of this title","href":"/us/usc/t22/s4071c","tail":";"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s4071a/9","children":[{"t":"num","text":"(9)"},{"t":"chapeau","text":" the term \u201csupplemental liability\u201d means the estimated excess of\u2014"},{"t":"subpara","id":"/us/usc/t22/s4071a/9/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the actuarial present value of all future benefits payable from the Fund under this part based on the service of participants or former participants, over","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s4071a/9/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" the sum of\u2014"},{"t":"clause","id":"/us/usc/t22/s4071a/9/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the actuarial present value of (I) deductions to be withheld from the future basic pay of participants pursuant to ","children":[{"t":"ref","text":"section 4071e of this title","href":"/us/usc/t22/s4071e","tail":" and (II) contributions for past civilian and military service;"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s4071a/9/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the actuarial present value of future contributions to be made pursuant to ","children":[{"t":"ref","text":"section 4071f of this title","href":"/us/usc/t22/s4071f","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s4071a/9/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"chapeau","text":" the Fund balance as of the date the supplemental liability is determined, to the extent that such balance is attributable\u2014"},{"t":"subclause","id":"/us/usc/t22/s4071a/9/B/iii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" to the System, or","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t22/s4071a/9/B/iii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" to the contributions made under the Federal Employees\u2019 Retirement Contribution Temporary Adjustment Act of 1983 (","children":[{"t":"ref","text":"5 U.S.C. 8331","href":"/us/usc/t5/s8331","tail":" note); and"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s4071a/9/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" any other appropriate amount, as determined by the Secretary of State in accordance with generally accepted actuarial practices and principles;","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s4071a/10","children":[{"t":"num","text":"(10)"},{"t":"content","text":" the term \u201cSystem\u201d means the Foreign Service Pension System; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s4071a/11","children":[{"t":"num","text":"(11)"},{"t":"content","text":" the term \u201cspecial agent\u201d has the same meaning given in ","children":[{"t":"ref","text":"section 4044(15) of this title","href":"/us/usc/t22/s4044/15","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}