22 U.S.C. § 4045 — Contributions to Fund
submitted 46 years ago by Pub. L. 96-465 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 1,913 words · no verdicts yet
This section sets participant and agency retirement contributions, permits deposits for uncredited civilian or military service, and sets rules for interest, transfers, and payment. This section states the applicable rule.
(a) Rates and deposits. (1) Unless this section provides otherwise, 7.25% of each participant’s basic salary must be withheld and paid into the Fund for annuities, cash benefits, refunds, and allowances. The employing agency must contribute the percentage set by the cited Balanced Budget Act and 2001 appropriations provision, plus .25% of basic salary, from the salary appropriation or fund, and deposit both amounts. (2) For qualifying Foreign Service criminal investigator/inspectors in AID’s Inspector General office, the employee contribution is the amount withheld from a title 5 law-enforcement officer plus .25% of basic pay* under subparagraph (A), or the amount withheld under section 8422(a)(2)(B) plus .25% under subparagraph (B). The agency contributes an equal amount and deposits both. (3) For special-agent service, apply paragraph (1) by using the law-enforcement-officer percentage under section 8334(a)(1), plus .25%. (b) Consent and discharge. Each participant is treated as consenting to the deductions. Pay after deductions fully settles all claims for regular services covered by the pay, except rights to benefits under this chapter. (c) Transfers. (1) If a Service member transfers directly from another federal employee retirement system, all refundable contributions and deposits, with interest but excluding voluntary contributions, transfer to this Fund when System participation begins. The transfer is deemed consent and settles all claims against the former fund for earlier service. (2) The member need not make extra contributions for service already covered by required contributions to the other fund, and receives no refund merely because that fund used a higher rate. (d) Civilian service. (1) A participant may make a special contribution for post-July 1, 1924 civilian service with no contributions, or for service whose refunded contributions were not redeposited. For no-contribution service, the rates are 5% for July 1, 1924–October 15, 1960; 6.5% for October 16, 1960–December 31, 1969; 7% for January 1, 1970–December 31, 1998; 7.25% for January 1–December 31, 1999; 7.4% for January 1–December 31, 2000; and 7% after December 31, 2000. For refunded contributions, the special contribution equals the refund. (2) For prior nondeposit service as a qualifying National Guard technician, the amount is the paragraph (1) amount multiplied by the percentage of service creditable under section 4056. (3) Add interest from the midpoint of each service period, or refund date, to payment or annuity commencement, whichever comes first. Interest is compounded at 4% annually through December 31, 1976, and 3% afterward. No interest is charged for a separation period that began before October 1, 1956. The Secretary may allow installments, including pay allotments. (4) For covered service after December 31, 1983, and before January 1, 1987, by a person described in section 4071b(c), the required percentage is 1.3%. (5) For qualifying past AID criminal-investigator/inspector service, the special contribution is the difference between the amount actually contributed and the amount that should have been contributed under the cited title 5 provisions. (6) For prior special-agent service, subject to paragraph (4) and subsection (h), use the title 5 law-enforcement-officer percentages instead of paragraph (1). (e) Military or naval service. (1) Subject to paragraph (5), a participant may pay 7% of basic pay under section 204 of title 37 for each period of post-December 1956 military or naval service before the separation supporting an annuity. The Secretary may use participant evidence or estimates supplied under paragraph (4). (2) Deposits made more than 2 years after the later of October 17, 1983, or first participation in a civilian federal staff retirement system include annually compounded interest from the end of that 2-year period, at the rate applicable under subsection (d). (3) Payments received go to the Fund. (4) The Secretaries of Defense, Transportation, Commerce, or Health and Human Services must provide information the Secretary needs to administer this subsection. (5) For military or naval service after December 31, 1998, use the percentage that would apply to an employee under section 8334(c) of title 5. (f) Exemption. Contributions are required for military or naval credit only as subsections (e) and 4056(a) provide. But Japanese-ancestry individuals receive credit without contributions for World War II internment periods under section 4056. (g) Timing and offset. A participant or survivor may make a special contribution any time before receiving an annuity and may authorize payment by offset against initial annuity payments. (h) Certain service. For pay periods beginning after December 31, 1986, for a section 4071b(c) participant whose service is employment for Social Security title II and Internal Revenue Code chapter 21, compute Fund contributions and interest as if title 5 section 8334(k) applied.
Except as otherwise provided in this section, 7.25 percent of the basic salary received by each participant shall be deducted from the salary and contributed to the Fund for the payment of annuities, cash benefits, refunds, and allowances. The contribution by the employing agency shall be a percentage of basic salary equal to the percentage in effect under section 7001(d)(1) of the Balanced Budget Act of 1997 (Public Law 105–33; 22 U.S.C. 4045 note), and section 505(h) of the Department of Transportation and Related Agencies Appropriations Act, 2001 (as enacted by Public Law 106–346; 114 Stat. 1356A–54), plus .25 percent of basic salary, and shall be made from the appropriations or fund used for payment of the salary of the participant. The employing agency shall deposit in the Fund the amounts deducted and withheld from basic salary and the amounts contributed by the employing agency.
Notwithstanding the percentage limitation contained in paragraph (1) of this subsection—
the employing agency shall deduct and withhold from the basic pay* of a Foreign Service criminal investigator/inspector of the Office of the Inspector General, Agency for International Development, who is qualified to have his annuity computed in the same manner as that of a law enforcement officer pursuant to section 8339(d) of title 5, an amount equal to that to be withheld from a law enforcement officer pursuant to section 8334(a)(1) of title 5, plus an amount equal to .25 percent of basic pay. The amounts so deducted shall be contributed to the Fund for the payment of annuities, cash benefits, refunds, and allowances. An equal amount shall be contributed by the employing agency from the appropriations or fund used for payment of the salary of the participant. The employing agency shall deposit in the Fund the amount deducted and withheld from basic salary and amounts contributed by the employing agency.
The employing agency shall deduct and withhold from the basic pay of a Foreign Service criminal investigator/inspector of the Office of the Inspector General, Agency for International Development, who is qualified to have his annuity computed pursuant to section 8415(e) of title 5, an amount equal to that to be withheld from a law enforcement officer pursuant to section 8422(a)(2)(B) 1 of title 5, plus an amount equal to .25 percent of basic pay. The amounts so deducted shall be contributed to the Fund for the payment of annuities, cash benefits, refunds, and allowances. An equal amount shall be contributed by the employing agency from the appropriations or fund used for payment of the salary of the participant. The employing agency shall deposit in the Fund the amounts deducted and withheld from basic salary and amounts contributed by the employing agency.
For service as a special agent, paragraph (1) shall be applied by substituting for “7 percent” the percentage that applies to law enforcement officers under section 8334(a)(1) of title 5, plus .25 percent.
Each participant shall be deemed to consent and agree to such deductions from basic salary. Payment less such deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for all regular services during the period covered by such payment, except the right to the benefits to which the participant shall be entitled under this chapter, notwithstanding any law, rule, or regulation affecting the salary of the individual.
If a member of the Service who is under another retirement system for Government employees becomes a participant in the System by direct transfer, the total contributions and deposits of that member that would otherwise be refundable on separation (except voluntary contributions), including interest thereon, shall be transferred to the Fund effective as of the date such member becomes a participant in the System. Each such member shall be deemed to consent to the transfer of such funds, and such transfer shall be a complete discharge and acquittance of all claims and demands against the other Government retirement fund on account of service rendered by such member prior to becoming a participant in the System.
A member of the Service whose contributions are transferred to the Fund pursuant to paragraph (1) shall not be required to make additional contributions for periods of service for which required contributions were made to the other Government retirement fund; nor shall any refund be made to any such member on account of contributions made during any period to the other Government retirement fund at a higher rate than that fixed by subsection (d).
Any participant credited with civilian service after July 1, 1924—
for which no retirement contributions, deductions, or deposits have been made, or
for which a refund of such contributions, deductions, or deposits has been made which has not been redeposited,
may make a special contribution to the Fund. Special contributions for purposes of subparagraph (A) shall equal the following percentages of basic salary received for such service:
Percent of basic salary | |
|---|---|
Time of service: | |
July 1, 1924, through October 15, 1960, inclusive | 5 |
October 16, 1960, through December 31, 1969, inclusive | 6½ |
January 1, 1970, through December 31, 1998, inclusive | 7 |
January 1, 1999, through December 31, 1999, inclusive | 7.25 |
January 1, 2000, through December 31, 2000, inclusive | 7.4 |
After December 31, 2000 | 7 |
Special contributions for refunds under subparagraph (B) shall equal the amount of the refund received by the participant.
Notwithstanding paragraph (1), a special contribution for prior nondeposit service as a National Guard technician which would be creditable toward retirement under subchapter III of chapter 83 of title 5, and for which a special contribution has not been made, shall be equal to the special contribution for such service computed in accordance with the schedule in paragraph (1) multiplied by the percentage of such service that is creditable under section 4056 of this title.
Special contributions under this subsection shall include interest computed from the midpoint of each service period included in the computation, or from the date refund was paid, to the date of payment of the special contribution or commencing date of annuity, whichever is earlier. 2 Interest shall be compounded at the annual rate of 4 percent to December 31, 1976, and 3 percent thereafter. No interest shall be charged on special contributions for any period of separation from Government service which began before October 1, 1956. Special contributions may be paid in installments (including by allotment of pay) when authorized by the Secretary of State.
Notwithstanding the preceding provisions of this subsection and any provision of section 206(b)(3) of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983, the percentage of basic pay required under this subsection in the case of a participant described in section 4071b(c) of this title shall, with respect to any covered service (as defined by section 203(a)(3) of such Act) performed by such individual after December 31, 1983, and before January 1, 1987, be equal to 1.3 percent.
Notwithstanding paragraph (1), a special contribution for past service as a Foreign Service criminal investigator/inspector of the Office of the Inspector General, Agency for International Development which would have been creditable toward retirement under either section 8336(c) or 8412(d)(1) of title 5, and for which a special contribution has not been made shall be equal to the difference between the amount actually contributed pursuant to either this section or section 4071e of this title and the amount that should have been contributed pursuant to either section 8334 or 8422 of title 5.
Subject to paragraph (4) and subsection (h), for purposes of applying this subsection with respect to prior service as a special agent, the percentages of basic pay set forth in section 8334(c) of title 5, with respect to a law enforcement officer, shall apply instead of the percentages set forth in paragraph (1).
Subject to paragraph (5), each participant who has performed military or naval service before the date of separation on which the entitlement to any annuity under this part is based may pay to the Secretary a special contribution equal to 7 percent of the amount of the basic pay paid under section 204 of title 37, to the participant for each period of military or naval service after December 1956. The amount of such payments shall be based on such evidence of basic pay for military service as the participant may provide or if the Secretary determines sufficient evidence has not been so provided to adequately determine basic pay for military or naval service, such payment shall be based upon estimates of such basic pay provided to the Department under paragraph (4).
Any deposit made under paragraph (1) of this subsection more than two years after the later of—
October 17, 1983, or
the date on which the participant making the deposit first became a participant in a Federal staff retirement system for civilian employees,—
shall include interest on such amount computed and compounded annually beginning on the date of the expiration of the two-year period. The interest rate that is applicable in computing interest in any year under this paragraph shall be equal to the interest rate that is applicable for such year under subsection (d) of this section.
Any payment received by the Secretary under this section shall be remitted to the Fund.
The Secretary of Defense, the Secretary of Transportation, the Secretary of Commerce, or the Secretary of Health and Human Services, as appropriate, shall furnish such information to the Secretary as the Secretary may determine to be necessary for the administration of this subsection.
Effective with respect to any period of military or naval service after December 31, 1998, the percentage of basic pay under section 204 of title 37 payable under paragraph (1) shall be equal to the same percentage as would be applicable under section 8334(c) of title 5 for that same period for service as an employee.
Contributions shall only be required to obtain credit for periods of military or naval service to the extent provided under subsection (e) and section 4056(a) of this title, except that credit shall be allowed in the absence of contributions to individuals of Japanese ancestry under section 4056 of this title for periods of internment during World War II.
A participant or survivor may make a special contribution at any time before receipt of annuity and may authorize payment by offset against initial annuity accruals.
Effective with respect to pay periods beginning after December 31, 1986, in administering this section with respect to a participant described in section 4071b(c) of this title whose service is employment for the purposes of title II of the Social Security Act [42 U.S.C. 401 et seq.] and chapter 21 of title 26, contributions to the Fund and interest thereon shall be computed as if section 8334(k) of title 5 were applicable.
Source credit: (Pub. L. 96–465, title I, § 805, Oct. 17, 1980, 94 Stat. 2104; Ex. Ord. No. 12446, § 4(a), Oct. 17, 1983, 48 F.R. 48444; Pub. L. 99–335, title IV, §§ 402(a)(2), 405, June 6, 1986, 100 Stat. 609, 610; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–238, title II, § 212, Jan. 8, 1988, 101 Stat. 1773; Pub. L. 102–499, § 4(a), (b), Oct. 24, 1992, 106 Stat. 3265; Pub. L. 105–33, title VII, § 7001(d)(2)(C), (D), Aug. 5, 1997, 111 Stat. 660, 661; Pub. L. 105–382, § 2(b), (c), Nov. 13, 1998, 112 Stat. 3407; Pub. L. 106–346, § 101(a) [title V, § 505(d)(2)], Oct. 23, 2000, 114 Stat. 1356, 1356A–53; Pub. L. 107–228, div. A, title III, § 322(a)(2), Sept. 30, 2002, 116 Stat. 1384; Pub. L. 112–96, title V, § 5001(c)(2)(D), Feb. 22, 2012, 126 Stat. 200; Pub. L. 117–225, § 3(b)(2)(B)(i), Dec. 9, 2022, 136 Stat. 2296.)
- 1980Enacted · Pub. L. 96-465 · 94 Stat. 2104
- 1986Amended · Pub. L. 99-335 · 100 Stat. 609, 610
- 1986Amended · Pub. L. 99-514 · 100 Stat. 2095
- 1988Amended · Pub. L. 100-238 · 101 Stat. 1773
- 1992Amended · Pub. L. 102-499 · 106 Stat. 3265
- 1997Amended · Pub. L. 105-33 · 111 Stat. 660, 661
- 1998Amended · Pub. L. 105-382 · 112 Stat. 3407
- 2000Amended · Pub. L. 106-346 · 114 Stat. 1356, 1356
- 2002Amended · Pub. L. 107-228 · 116 Stat. 1384
- 2012Amended · Pub. L. 112-96 · 126 Stat. 200
- 2022Amended · Pub. L. 117-225 · 136 Stat. 2296
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-465 on 1980-10-17.
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