22 U.S.C. § 4044 — Definitions

Unless this part says otherwise: (1) “Annuitant” means a person, including a former participant or survivor, who meets all requirements for a Fund annuity under this chapter or another Act and has filed a claim. (2) “Child” means an unmarried person who is the participant’s offspring or adopted child; a stepchild or recognized natural child receiving more than half of the participant’s support; or a child who lived with the participant, for whom the participant filed an adoption petition, and who the surviving spouse adopts after the participant dies; and who is under 18, is a student under 22, or cannot support themselves because of a physical or mental disability incurred before age 18. For the student age rule, a 22nd birthday before July 1 or after August 31 is treated as occurring on the next July 1. (3) “Court” includes courts of a State, the District of Columbia, Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and an Indian court defined in section 1301(3) of title 25. (4) “Court order” means a divorce or annulment decree, or a related court order or court-approved property settlement. (5) “Foreign Service normal cost” is the payroll percentage needed, under generally accepted entry-age actuarial practice, to fund System benefits, minus retirement benefits earned under another federal employee system and minus the cost of military or naval-service credit. (6) “Former spouse” means a former spouse married to a participant or former participant for at least 10 years during creditable Service periods under section 4056. (7) “Fund balance” is Fund investments at par value plus the Treasury-book cash balance. (8) “Lump-sum credit” is compulsory and special Fund contributions credited to a participant or former participant, plus annual compounded interest: 4 percent through December 31, 1976, and after that 3 percent for a participant who separates after at least 1 but less than 5 years of civilian service, through separation. No interest is paid for a fractional month or on contributions from an annuitant for recall or other post-separation service forming the annuity basis. (9) “Military and naval service” means honorable active service in the United States Armed Forces; in the Public Health Service Regular or Reserve Corps after June 30, 1960; or as a commissioned NOAA officer or predecessor after June 30, 1961. National Guard service is excluded unless ordered to active United States service. (10) A former spouse’s “pro rata share” is the percentage found by dividing years married during the participant’s creditable part I or II service by all such creditable years. (11) “Spousal agreement” means a written agreement between a participant or former participant and that person’s spouse or former spouse. (12) “Student” means a child regularly pursuing full-time residential study or training at a high school, trade, technical, vocational, junior college, college, university, or comparable recognized institution. A child remains a student between school years, semesters, or terms if the break is no more than 5 calendar months and the Secretary is satisfied the child genuinely intends to continue the course. (13) “Surviving spouse” means the surviving spouse married to a participant or annuitant for at least 9 months immediately before death, or the parent of a child born of the marriage. The 9-month rule is satisfied if death was accidental or if the couple had previously married, divorced, and their total marriage time is at least 9 months. (14) “Unfunded liability” is the estimated present value of all Fund benefits minus the present value of future participant deductions and agency contributions, the present value of Government payments under section 4061, and the Fund balance when determined. (15) “Special agent” means a State Department employee with primary skill code 2501 whose main duties are investigating, apprehending, or detaining people suspected or convicted of United States crimes, or protecting people under section 2709(a)(3) of this title, and whose work is rigorous enough that the Secretary limits it to young, physically vigorous people under section 4823. It includes people performing those duties before, on, or after November 13, 1998, and people transferred directly to supervisory or administrative work after at least 3 years performing them.