Sec. 8. Retirement, termination of appointment, disability, and related maters
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Chapter 14 of title I of the Foreign Service Act of 1980 ( 22 U.S.C. 3901 et seq. ), as amended by section 7 of this Act, is further amended by adding at the end the following: A member of the Diplomatic Reserve Corps who is at least 60 years of age and has at least 20 years of service in the Corps creditable toward retirement under section 1483(b) may, on the member’s application and with the consent of the Secretary of State, be retired from the Corps. A member of the Diplomatic Reserve Corps retired under subsection
(a)shall be entitled to an immediate annuity under subchapter VIII. Except as provided in subsection (b), each member of the Diplomatic Reserve Corps shall be retired from the Corps at the end of the month in which the member reaches 65 years of age. A member of the Senior Diplomatic Reserve or the Senior Diplomatic Retiree Reserve who is otherwise required to retire under subsection
(a)during the term of an appointment to the Senior Diplomatic Reserve or the Senior Diplomatic Retiree Reserve, as the case may be, may continue to serve in that appointment until that appointment terminates. When the Secretary of State determines it to be in the public interest, a member of the Diplomatic Reserve Corps who is otherwise required to retire under subsection
(a)may be retained in the Corps for a period not to exceed one year from the date on which the member would otherwise be retired under that subsection. Any period of retention under this paragraph may be renewed. Any period or periods of retention of a member under this paragraph shall be considered the aggregate period of retention of the member under this paragraph for purposes of paragraph (3). A member who completes a period of service authorized by paragraph (1), or completes the aggregate period of retention in the Corps authorized by paragraph (2), shall be retired from the Corps at the end of the month in which such authorized service is completed or such aggregate period is completed, as applicable. A member of the Diplomatic Reserve Corps who has at least 5 years of service in the Corps creditable toward retirement under section 1483(b) at the time of retirement under this section is entitled to an immediate annuity under subchapter VIII. A member of the Corps who is not described by paragraph
(1)at the time of retirement under this section shall receive the benefits, if any, for an involuntary separation under subchapter II of chapter 8 of this title that are provided under section 855(b)(3) to similarly situated members of the Foreign Service who are involuntarily retired or separated from the Service. This section applies to members of the Diplomatic Reserve Corps who become totally disabled or incapacitated for useful and efficient service in the Corps by reason of disease, injury, or illness (not due to vicious habits, intemperance, or willful conduct of the member concerned). A member of the Diplomatic Reserve Corps covered by subsection
(a)who has at least 5 years of service in the Corps creditable toward retirement under section 1483(b) upon becoming totally disabled or incapacitated as described in that subsection shall, upon the member’s own application or upon order of the Secretary of State, be retired from the Corps. A member of the Diplomatic Reserve Corps covered by subsection
(a)who is not retireable under subsection
(b)shall have the member’s appointment in the Corps terminated. A member of the Corps whose disability or incapacity as described in subsection
(a)is by reason of a disability, illness, or injury due to vicious habits, intemperance, or willful conduct of the member shall have the member’s appointment in the Corps terminated. A member of the Diplomatic Reserve Corps who is retired under subsection
(b)shall be entitled to an immediate annuity under subchapter VIII. In the case of a member covered by subparagraph
(A)who has fewer than 20 years of service in the Corps creditable toward retirement under section 1483(b) at the time of retirement, the annuity under that subparagraph shall be computed on the assumption that the member had 20 years of such service at such time, except that the additional service credit that may accrue to a member may not exceed the difference between the member’s age at the time of retirement and 60 years of age. A member of the Corps whose appointment in the Corps is terminated under subsection (c)(1) shall receive the benefits, if any, for an involuntary separation under subchapter II of chapter 8 of this title that are provided under section 855(b)(3) to similarly situated members of the Foreign Service who are involuntarily retired or separated from the Service. A member of the Corps whose appointment in the Corps is terminated under subsection (c)(2) is not entitled to benefits under subchapter VIII in connection with the termination or the service so terminated. The Secretary of State shall, by regulations, establish maximum time in class limitations for members of the Diplomatic Reserve Corps. The regulations prescribed pursuant to paragraph
(1)shall, to the extent practicable, conform to the regulations on maximum time in class limitations for members of the Foreign Service under section 607(a). Paragraphs
(2)and
(3)of section 607(a) shall apply to maximum time in class limitations established pursuant to subsection (a). A member of the Diplomatic Reserve Corps described in paragraph
(2)may continue to serve under a limited extension of the member’s appointment after the expiration of the member’s maximum time in class limitation under subsection (a). A member of the Corps described in this paragraph is a member whose maximum time in class under subsection
(a)expires— after the member attains the highest salary class for the member’s occupational specialty; or in the case of members of the Senior Diplomatic Reserve or the Senior Diplomatic Retiree Reserve, while they are in a salary class designated by the Secretary for purposes of this subsection. An extension may be granted by the Secretary under this subsection only if the Secretary determines that such extension serves the needs of the Corps. In making such determination, the Secretary shall take into account the recommendations of a selection board under section 1442. The term of an extension under this subsection may not exceed 3 years or the time remaining in the term of the member’s current appointment at the time of expiration of maximum time in class, as elected by the Secretary at the time of expiration. Any term of extension under this subsection may be renewed. Any such renewal shall be made in accordance with the requirements for the granting of extensions under paragraph (3). Each member of the Corps described in paragraph
(2)shall be retired from the Corps. A member of the Corps described in this paragraph is a member— whose maximum time in class under subsection
(a)expires and who is not promoted to a higher class or combination of classes, as the case may be; or whose limited extension under subsection
(c)expires and is not renewed. Notwithstanding any other provision of this section, the provisions of section 607(d) shall apply to members of the Corps whose maximum time in class under subsection
(a)expires. A member of the Diplomatic Reserve Corps who has reached 60 years of age and has at least 20 years of service in the Corps creditable toward retirement under section 1483(b) at the time of retirement under this section shall be entitled to an immediate annuity under subchapter VIII. A member of the Corps who is under 60 years of age and has at least 20 years of service in the Corps creditable toward retirement under section 1483(b) at the time of retirement under this section shall be entitled to a deferred annuity under subchapter VIII upon reaching 60 years of age. A member of the Corps not described by paragraph
(1)or
(2)at the time of retirement under this section shall receive the benefits, if any, for an involuntary separation under subchapter II of chapter 8 of this title that are provided under section 855(b)(3) to similarly situated members of the Foreign Service who are involuntarily retired or separated from the Service. In the administration of subsections
(b)and (e)— any reference to the Foreign Service shall be deemed to be a reference to the Diplomatic Reserve Corps; any reference to members of the Senior Foreign Service shall be deemed to be a reference to the Senior Diplomatic Reserve or the Senior Diplomatic Retiree Reserve, as applicable; any reference to a member of the Foreign Service shall be deemed to be a reference to a member of the Diplomatic Reserve or the Diplomatic Retiree Reserve, as applicable; and any reference to a career member of the Foreign Service shall be deemed to be a reference to a member of the Corps. When the review of a selection board under section 1442 indicates that the performance of a member of the Diplomatic Reserve Corps may not meet standards and qualifications of performance prescribed pursuant to section 1491 that are applicable to the member, the Secretary of State shall provide for administrative review of the performance of the member. The review shall include an opportunity for the member to be heard. If an administrative review conducted under subsection
(a)substantiates that a member of the Diplomatic Reserve Corps has failed to meet the standards and qualifications of performance applicable to the member, the member shall— in the case of a member who has at least 20 years of service in the Corps creditable toward retirement under section 1483(b) at the time of such substantiation, be retired from the Corps; or in the case of any other member, have the member’s appointment in the Corps terminated. A member of the Diplomatic Reserve Corps who has reached 60 years of age at the time of retirement under subsection (b)(1) shall be entitled to an immediate annuity under subchapter VIII. A member of the Corps who is under 60 years of age at the time of retirement under subsection (b)(1) shall be entitled to a deferred annuity under subchapter VIII upon reaching 60 years of age. A member of the Corps whose appointment in the Corps is terminated under subsection (b)(2) shall receive the benefits, if any, for an involuntary separation under subchapter II of chapter 8 of this title that are provided under section 855(b)(3) to similarly situated members of the Foreign Service who are involuntarily retired or separated from the Service. The Secretary of State may decide to separate any member of the Diplomatic Reserve Corps for such cause as will promote the efficiency of the Corps. A member of the Diplomatic Reserve Corps for whom separation is proposed under subsection
(a)shall be entitled to— written notice stating the specific reasons for the proposed separation; a reasonable time to respond orally and in writing to the proposed separation; obtain at the member’s own expense representation by an attorney or other representative; and a final written decision, including the specific reasons for such decision, as soon as practicable. Except as provided in paragraph (2), a member of the Diplomatic Service Corps who is separated under subsection
(a)shall receive the benefits, if any, for an involuntary separation under subchapter II of chapter 8 of this title that are provided under section 855(b)(3) to similarly situated members of the Foreign Service who are involuntarily retired or separated from the Service. A member of the Corps whose separation under subsection
(a)is determined by the Secretary to be based, in whole or in part, on the ground of disloyalty to the United States is not entitled to benefits under subchapter VIII in connection with the separation or the service from which separated. In order to promote the efficiency of the Diplomatic Reserve Corps, the Secretary of State may suspend a member of the Corps when— the member’s security clearance is suspended; or there is reasonable cause to believe that the member has committed a crime for which a sentence of imprisonment may be imposed. A member of the Diplomatic Reserve Corps for whom a suspension is proposed under subsection (a), shall be entitled to the matters specified in paragraphs
(1)through
(4)of section 1476(b) in connection with notice and an opportunity to respond to the proposed suspension. .
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Sec. 8
Retirement, termination of appointment, disability, and related maters
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