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22 U.S.C. § 4053Reassignment and retirement of former Presidential appointees

submitted 46 years ago by Pub. L. 96-465 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 220 words · no verdicts yet

in plain englishAI-generated · not legal advice

A participant returning from a Presidential appointment must be reassigned or retired within the stated period, depending on retirement eligibility. A participant retired under this section who later returns to Federal employment is governed by the applicable retirement system.

(a) Participant not eligible for retirement. A participant who completes an assignment under section 3942(b) in a Presidential appointment and is not otherwise eligible to retire: (1) must be reassigned within 90 days after the assignment and any authorized leave end; or (2) must be retired with benefits under section 4046 or 4071d, as appropriate, if the Secretary of State decides reassignment is not in the Foreign Service's interest. (b) Participant eligible for retirement. A participant who completes such an assignment, is eligible to retire, and is not reassigned within 90 days after the assignment and authorized leave end must be retired with benefits under section 4046 or 4071d, as appropriate. (c) Reemployed participant. A participant retired under subsection (a)(2) who later becomes a United States Government employee may retire afterward only under the applicable retirement system's terms.
the actual law source: uscode.house.gov ↗public domain
(a) Reassignment or retirement of participants not eligible for retirement

A participant, who completes an assignment under section 3942(b) of this title in a position to which the participant was appointed by the President, and is not otherwise eligible for retirement—

(1)

shall be reassigned within 90 days after the termination of such assignment and any period of authorized leave, or

(2)

if the Secretary of State determines that reassignment is not in the interest of the Foreign Service, shall be retired from the Service and receive retirement benefits in accordance with section 4046 or 4071d of this title, as appropriate.

(b) Retirement of participants eligible for retirement

A participant who completes an assignment under section 3942(b) of this title in a position to which the participant was appointed by the President and is eligible for retirement and is not reassigned within 90 days after the termination of such assignment and any period of authorized leave, shall be retired from the Service and receive retirement benefits in accordance with section 4046 of this title or section 4071d of this title, as appropriate.

(c) Retirement of reemployed participants

A participant who is retired under subsection (a)(2) and is subsequently employed by the United States Government, thereafter, shall be eligible to retire only under the terms of the applicable retirement system.

Source credit: (Pub. L. 96–465, title I, § 813, Oct. 17, 1980, 94 Stat. 2113; Pub. L. 102–138, title I, § 149, Oct. 28, 1991, 105 Stat. 670; Pub. L. 103–236, title I, § 174, Apr. 30, 1994, 108 Stat. 413.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-465 · 94 Stat. 2113
  • 1991Amended · Pub. L. 102-138 · 105 Stat. 670
  • 1994Amended · Pub. L. 103-236 · 108 Stat. 413

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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