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LegalText 22 U.S.C. § 4043 Participants us united_states_code code_section 22 FOREIGN RELATIONS AND INTERCOURSE 52 FOREIGN SERVICE 4043 22 U.S.C. § 4043 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc22@119-100.zip /us/usc/t22/s4043 data/legal/raw/us/code/title-22/usc22.xml e318effcfdd25b7d8f0d79541204b7e10679ab4c2035eb57714b49ddb0ffcff9 b9c63ede722f5e0bf8eabfe9029e06e312ab9bcfd95c4d1424ed515baff1df83 e7a7b3c2ccb30c55468083885ce84e0acaad6a6abd76a7761396b1d18d9847c5 2026-07-04 official
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22 U.S.C. § 4043 - Participants

Text

(a) Career appointees or candidates; chiefs of mission Except as provided in subsection (d), the following members of the Service (hereinafter in this part referred to as “participants”) shall be entitled to the benefits of the System:

(1) Every member who is serving under a career appointment or as a career candidate under section 3946 of this title—

(A) in the Senior Foreign Service, or

(B) assigned to a salary class in the Foreign Service Schedule.

(2) Every chief of mission, who is not a participant under paragraph (1), who—

(A) has served as chief of mission for an aggregate period of 20 years or more, and

(B) has paid into the Fund a special contribution for each year of such service in accordance with section 4045 of this title.

(b) Executive branch appointees Any otherwise eligible member of the Service who is appointed to a position in the executive branch by the President, by and with the advice and consent of the Senate, or by the President alone, shall not by virtue of the acceptance of such appointment cease to be eligible to participate in the System.

(c) Binational Center Grantees In addition to the individuals who are participants in the System under subsection (a), any individual who was appointed as a Binational Center Grantee and who completed at least 5 years of satisfactory service as such a grantee or under any other appointment under the Foreign Service Act of 1946 may become a participant in the System, and shall receive credit for such service if an appropriate special contribution is made to the Fund in accordance with section 4045(d) or (f) of this title.

(d) Exclusion An individual subject to the Foreign Service Pension System (described in part II) is not a participant in this System.

(Pub. L. 96465, title I, § 803, Oct. 17, 1980, 94 Stat. 2102; Pub. L. 99335, title IV, §§ 402(a)(2), 414, June 6, 1986, 100 Stat. 609, 614.)

Notes

Editorial Notes

References in TextThe Foreign Service Act of 1946, referred to in subsec. (c), is act Aug. 13, 1946, ch. 957, titles I to X, 60 Stat. 999, which was classified principally to chapter 14 (§ 801 et seq.) of this title, and was repealed by Pub. L. 96465, title II, 2205(1), Oct. 17, 1980, 94 Stat. 2159.

Amendments1986—Subsec. (a). Pub. L. 99335, §§ 402(a)(2), 414(1), substituted “Except as provided in subsection (d), the” for “The” and “part” for “subchapter” in provisions preceding par. (1). Subsec. (d). Pub. L. 99335, § 414(2), added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 1986 AmendmentAmendment by Pub. L. 99335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.