22 U.S.C. § 4071d — Entitlement to annuity

(a) Retirement conditions; definitions. (1) A participant^* may retire under the conditions in section 4051 and must retire under the conditions in sections 4052 and 4053. The participant receives benefits under this part. (2) For this subsection, (A) “participant,” as used in the sections named in paragraph (1), means a participant in the Foreign Service Pension System^*; and (B) “System,” as used in those sections, means the Foreign Service Pension System. (3) For any annuity calculation under this subsection, if a Service member’s official duty station is outside the continental United States, the member’s average pay is treated as the salary that would have been paid if the duty station had been Washington, D.C. This includes locality-based comparability payments under section 5304 of title 5 that would have been payable if the duty station had been Washington, D.C.

(b) Voluntary or mandatory retirement with authorization for immediate annuity; computation of annuity. (1) A participant who retires voluntarily or mandatorily under section 4007, 4008, 4010a, 4051, 4052, or 4053, under conditions that authorize an immediate annuity for participants in the Foreign Service Retirement and Disability System or for participants in the Foreign Service Pension System, is entitled to an immediate annuity computed under paragraph (2) if the participant has completed at least 5 years as a member of the Foreign Service. (2) The annuity under paragraph (1) is computed—(A) under section 8415(e)(1) of title 5 for all service while the person was a participant in this System and for prior service creditable under this part that is not otherwise counted as (i) service as a member of the Service; (ii) service as an employee of the Central Intelligence Agency that qualifies for retirement credit under title II of the Central Intelligence Agency Retirement Act (50 U.S.C. 2011 et seq.) or under section 302(a) or 303(b) of that Act (50 U.S.C. 2152(a), 2153(b)); or (iii) service as a Member of Congress, congressional employee, law enforcement officer, firefighter, or air traffic controller in the Civil Service Retirement System under subchapter III of chapter 83 of title 5, or in the Federal Employees’ Retirement System under chapter 84 of title 5; and (B) at the rate in section 8415(a) of title 5 for all other service creditable under this System, including service beyond 20 years that would otherwise be creditable under subparagraph (A). (3) A participant who is involuntarily retired or separated under section 4007, 4008, 4010, or 4010a, and who would, if a participant under part I, become eligible for a refund of contributions or a deferred annuity under part I, receives benefits for an involuntary separation under this part instead. (4) If a disability annuity under this part must be redetermined under section 8452(b) of title 5, or computed under section 8452(c) or (d) of title 5, it is recomputed or computed using the formula in subsection (b)(2)(A) of this section instead of section 8415 of title 5, as provided in section 8452(b)(2)(A), (c), and (d) of title 5. The annuity is also computed under that formula if, on the day it begins or is restored, the annuitant meets the age and service requirements for an immediate annuity under section 4051. (5) A former participant entitled to a deferred annuity under section 8413(b) of title 5 is not subject to section 8415(g)(1) of title 5 if the former participant has 20 years of service creditable under this part and is at least 50 years old on the date the annuity is to begin. (6)(A) The survivor annuity for a widow or widower of a participant or former participant is 50 percent of the annuity computed for the deceased person under this part, instead of under section 8415 of title 5, as stated in sections 8442(a)(1), (b)(1)(B), and (c)(2) of title 5. (B) Any calculation for a widow or widower of a participant or former participant under section 8442(f)(2)(A) of title 5 is based on an “assumed FSRDS annuity” instead of an “assumed CSRS annuity,” as stated in that section. For this subparagraph, “assumed FSRDS annuity” means the survivor annuity to which the widow or widower would be entitled under part I, based on the deceased annuitant’s service determined under section 8442(f)(5) of title 5.

(c) Annuity supplement. A participant entitled to an immediate annuity under subsection (b) is entitled to an annuity supplement while the annuitant is under 62 years old. The supplement is based on the annuitant’s total creditable service and is computed under sections 8421(b) and 8421a of title 5 as if the participant were a law enforcement officer retired under section 8412(d) of title 5.

(d) Separation for cause based on disloyalty. A participant separated for cause under section 4010 is not entitled to an annuity under this System when the Secretary determines that the separation was based in whole or in part on disloyalty to the United States.