Sec. 9. Retirement and disability retirement benefits and related matters
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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 8 of this Act, is further amended by adding at the end the following: Except as provided in subsection
(b)or as otherwise specifically provided in this subchapter or any other provision of law, the provisions of chapter 84 of title 5, United States Code, shall apply to all members of the Diplomatic Reserve Corps as if such members were participants in the Foreign Service Pension System under subchapter II of chapter 8 of this title, and such members shall be treated in all respects similar to persons whose participation in the Federal Employees’ Retirement System provided in such chapter 84 is required. Subsection
(a)shall not apply to a member of the Diplomatic Reserve Corps if the member, at the time of commencement of membership in the Corps, is entitled (whether or not in receipt) to any of the following: A retirement annuity under subchapter I or II of chapter 8 of this title. Retired pay or retainer pay under chapter 71 or 1223 of title 10, United States Code. A retirement annuity under chapter 83 or 84 of title 5, United States Code. Retired pay, retainer pay, or a retirement annuity under any other Federal Government personnel system. A member of the Diplomatic Reserve Corps participating in the Foreign Service Pension System by reason of this section is designated in this subchapter as a participating member of the Diplomatic Reserve Corps or participating member of the Corps . In this administration of subchapter II of chapter 8 of this title for purposes of this subchapter, any reference to a participant shall be deemed to be a reference to a participating member of the Diplomatic Reserve Corps. Service of a member of the Diplomatic Reserve Corps specified in subsection
(b)shall be treated as employment for the purpose of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1986. Service of a member of the Diplomatic Reserve Corps specified in this subsection is any service of a member of the Corps (whether or not a participating member of the Corps) as follows: Active service for training specified in section 1451(a)(1) that is performed under subchapter V. Active service that is performed under any provision of subchapter VI. Except as provided in paragraph (2), a participating member of the Diplomatic Reserve Corps is entitled to an annuity computed under section 1484 if the person— has attained 60 years of age; and has performed at least 20 years of service in the Corps creditable toward retirement (as computed under subsection (b)). A participating member of the Corps who is retired under section 1473(b) is entitled to an annuity upon retirement, regardless of whether the member satisfies the age requirement in paragraph (1)(A) at the time of retirement. Subject to paragraphs
(2)and (3), the years of service of a participating member in the Diplomatic Reserve Corps that are creditable toward retirement for purposes of this chapter are computed as one year of service for each one-year period in which the member has been credited with at least 50 points on the following bases: 15 points for membership in the Corps. One point for each day of active service that is performed under subchapter VI. One point for each day of active service for training specified in section 1451(a) that is performed under subchapter V. Service of a participating member of the Corps is creditable under subparagraphs
(B)and
(C)of paragraph
(1)only if the service meets the standards and qualifications of performance prescribed under section 1491 that are applicable to the member and such other standards and qualifications as the Secretary of State may prescribe. The following service or duty of a participating member of the Corps is not creditable toward retirement for purposes of this chapter: Service or duty while in inactive status under section 1452. Gratuitous service under section 1454. Active service for health care under section 1465. Subject to subsections (c), (d), and (e), the annuity of a participating member of the Diplomatic Reserve Corps retiring or retired under subchapter VII or IX and entitled to an annuity under this chapter is the amount equal to the product of— the amount equal to 2 percent of the member’s average pay in the Corps; and the number equal to the number of years of service of the member creditable toward retirement under section 1483(b). In this section, the term average pay , in the case of a participating member of the Diplomatic Reserve Corps, means the largest annual rate resulting from averaging the member’s basic salary rate or rates under subchapter III in effect over any 3 consecutive years of membership in the Corps (regardless of whether the member performed active service in the Corps during the entire period of such consecutive years). The total number of years of service of a participating member of the Diplomatic Reserve Corps that are creditable toward retirement for purposes of subsection (a)(2) may not exceed 35 years. In the case of a participating member of the Diplomatic Reserve Corps who is retiring or retired for disability or incapacity under section 1473(b), the member’s annuity under this chapter shall be computed in accordance with section 1473(d) and this subchapter rather than in accordance with section 8452 of title 5, United States Code. If in any year of membership in the Diplomatic Reserve Corps a participating member of the Corps performs an aggregate of active service in the Corps under subchapters V and VI of fewer than 2,087 hours, the annuity of the member as computed pursuant to subsection
(a)or
(d)is subject to reduction in accordance with the provisions of section 8415(g)(1) of title 5, United States Code. A participating member of the Diplomatic Reserve Corps is not entitled to an annuity supplement provided for by section 855(c), regardless of the member’s age at retirement. Each participating member of the Diplomatic Reserve Corps is deemed to consent and agree to the deductions under section 856(a) in connection with such member’s participation in the Foreign Service Pension System, as modified by the provisions of this subchapter, in connection with membership and service in the Corps as provided for by section 1481(a). .
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Sec. 9
Retirement and disability retirement benefits and related matters
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