22 U.S.C. § 4056 — Creditable service

(a) Civil-service rules. (1) Unless another law says otherwise, civilian, military, naval, and other service through final separation counts toward this part when the Secretary determines it would count under the Civil Service Retirement and Disability System under section 8332 of title 5. Service after December 31, 1976 that would be excluded under that section is excluded here under the same conditions. (2) For a participant first covered on or after October 17, 1983, with no credit here for civilian service before October 1, 1982, service includes military or naval service before January 1, 1957, and later service only if the required deposit, including interest when required, is made under section 4045(e). (3) For such a participant who has credit for pre-October 1982 civilian service, all military or naval service before the separation underlying the annuity counts, but service after December 1956 is subject to subsection (j). (4) For a participant first covered before October 17, 1983, all military or naval service before that separation counts, but service after December 1976 is subject to subsection (j).

(b) Unused sick leave. An immediate-retirement participant, or a participant who dies leaving an annuity survivor, receives service credit for all unused sick leave, without the 35-year limit in section 4046(a). Sick leave does not count for average salary or annuity eligibility, and the participant owes no contribution for this credit.

(c) Approved unpaid leave for a government-employee organization. (1) A participant taking approved unpaid leave to work full time for an organization made mainly of government employees may, within 60 days, elect full retirement credit and arrange to pay the Fund, through the employing agency, the retirement deductions and agency contributions based on the Foreign Service salary that would apply in pay status. Without the election and all required payments for post-November 7, 1976 leave, no credit is allowed for that leave. (2) For pre-November 7, 1976 leave of this kind, the participant may make a special contribution based on the suspended salary and calculated under section 4045. If made, full credit is allowed. If not, up to 6 months' credit for such leave is allowed for each calendar year.

(d) Repaying a refund. A participant who received an unrepaid refund of retirement contributions under this or another government-employee retirement system may make a special contribution under section 4045 for the service. The service receives credit only if the contribution is made.

(e) Civilian service under another system. Civilian service for which the participant contributed to another government retirement system receives no annuity credit unless the participant waives any annuity under that system based on the service and makes the required special contribution under section 4045.

(f) Wartime or emergency military service. A participant who leaves the Service for military service during a war or a Presidential or congressional national emergency is treated as not separated for this part unless the participant applies for and receives a section 4055 lump sum. The participant is treated as separated after 5 years of military service.

(g) World War II internment. (1) On application, the Secretary must recalculate an annuity or survivor annuity based on a participant of Japanese ancestry who would qualify under section 8332(l) of title 5 for credit for civilian service during World War II internment, so it includes that service. The recalculation applies to months beginning more than 30 days after the application arrives. (2) The Secretary must inform people entitled to this credit or recalculation. (3) On request, the Secretary must help them obtain verification information from government agencies. (4) Agencies must provide the Secretary information they possess about a participant's internment or detention described in section 8332(l).

(h) Congressional employment during unpaid leave. A participant on approved unpaid leave who works full time for pay for a Member or office of Congress must continue contributions based on the Foreign Service salary that would apply in pay status. The congressional employing office must make a matching contribution from the salary appropriation or fund. Service for which full contributions are made counts under this part and, unless all retirement credit is transferred, does not count under another government retirement system.

(i) Former spouses. (1) Service counts as creditable for former-spouse rules if it would count under subsection (c)(1) or (c)(2) but no election or special contribution was made, or under subsection (d) but a refund was not repaid. The latter rule does not apply if the former spouse received part of the lump sum, unless an agreement or court order says otherwise. (2) A former spouse is not treated as married to a participant during service treated as creditable under section 4048(a) or 4049(e); this section does not define those outside provisions.

(j) Redetermining military and naval credit. (1) Unless a statute or Executive Order provides otherwise, section 8332(j)'s military and naval credit redetermination rules apply to annuities under this part. The Secretary must redetermine service and may obtain information from the Health and Human Services Secretary as the Office of Personnel Management may under that section. (2) Those rules do not apply to: (A) service of a participant first covered on or after October 17, 1983, with no pre-October 1982 civilian-service credit here; (B) pre-1957 military or naval service of such a participant who has that civilian credit, or post-1956 service for which the participant made the section 4045(e) contribution; or (C) pre-1977 military or naval service of a participant first covered before October 17, 1983, or post-1976 service for which the participant made that contribution.