22 U.S.C. § 4007 — Retirement for expiration of time in class

(a) Maximum time (1) The Secretary shall, by regulation, establish maximum time in class limitations for— (A) career members of the Senior Foreign Service, (B) Foreign Service officers, and (C) other career members of the Service who are in that occupational categories as can be designated by the Secretary and who are assigned to salary classes in the Foreign Service Schedule to which Foreign Service officers may also be assigned. (2) Maximum time in class limitations under this subsection (which may not be less than 3 years for career members of the Senior Foreign Service) may apply for the time a member may remain in a single salary class or in a combination of salary classes. (3) The Secretary may, through regulation, increase or decrease any maximum time in class established under this subsection as the needs of the Service may require. If maximum time in class is decreased, the Secretary must provide any member of the Service who is in a category and salary class subject to the new time in class limitation an opportunity to remain in class (despite the new limitation) for a period which is at least as long as the shorter of— (A) the period which the member would have been permitted to remain in class but for the decrease in maximum time in class, or (B) that minimum period as the Secretary determines is necessary to provide members of the Service who are in the same category and salary class as that member a reasonable opportunity to be promoted into the next higher class or combination of classes, as the case can be. (b) Limited career extension Members of the Service whose maximum time in class under subsection (a) expires— (1) after they have attained the highest salary class for their respective occupational categories, or (2) for members of the Senior Foreign Service, while they are in salary classes designated by the Secretary, may continue to serve only under limited extentions of their career appointments. Such limited extensions may not exceed 5 years in duration and can be granted and renewed by the Secretary under the recommendations of selection boards established under section 4002 of this title. Members of the Service serving under that limited career extensions must continue to be career members of the Service. (c) Members subject to retirement; reception of retirement benefits Any member of the Service— (1) 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 can be, or (2) whose limited career extension under subsection (b) expires and is not renewed, must be retired from the Service and receive benefits under section 4009 of this title, subject to any career extension under subsection (d) of this section. (d) Extensions Despite any other provision of this section— (1) the career appointment of a member of the Service whose maximum time in class under subsection (a) expires, or whose limited career extension under subsection (b) expires, while that member is occupying a position to which he or she was appointed by the President, by and with the advice and consent of the Senate, must be extended until the appointment to that position is terminated; and (2) if the Secretary determines it to be in the public interest, the Secretary may extend temporarily the career appointment of a career member of the Service whose maximum time in class or limited career extension expires, but in no case may any extension under this paragraph exceed one year and that extensions can be granted only in special circumstances.