PUBLIC LAW 91-201 91ST CONGRESS, H. R. 14789

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CIA-RDP72-00337R000400090001-5
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RIFPUB
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K
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14
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December 16, 2016
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May 24, 2005
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1
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Publication Date: 
February 28, 1970
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REGULATION
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Approveor Release 2005/06/06 : CIA-RDP72-00337R000400090001-5 Public Law 91-201 91st Congress, H. R. 14789 February 28, 1970 n act 84 State 17 To amend title VIII of the Foreign Service Act of 1946, as amended, relating to the Foreign Service Retirement and Disability System, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Foreign Service Act Amendments of 1969". Foreign Service Aot Amendments of 1969. SEC. 101. Section 804(b) of the Foreign Service Act of 1946 (22 U.S.C. 1064(b)) is amended by adding at the end thereof the follow- 74 Stat, 838. ing new paragraphs: "(4) `Fund balance' means the sum of- "'Fund balance." "(A) the investments of the Fund calculated at par value; and "(B) the cash balance of the Fund on the books of the Treasury. "(5) `Unfunded liability' means the estimated excess of the present "Unfunded value of all benefits payable from the Fund over the sum of- liability." "(A) the present value of deductions to be withheld from the future basic salary of participants and of future agency contri- butions to be made in their behalf; plus "(I3) the present value of Government payments to the Fund under section 865 of this title; plus Infra. " (C) the Fund balance as of the date the unfunded liability is determined." SEC. 102. (a) Section 811(a) of such Act (22 U.S.C. 1071(a)) is Contribution rate. amended by striking out "Six and one-half" and inserting in lieu thereof "Seven". (b) The amendment made by subsection (a) of this section shall Effeotive date. become effective on the first day of the first pay period beginning after the date of enactment of this Act or after December 31, 1969, whichever is later. SEC. 103. Section 8524b) of such Act (22' U.S.C. 1091(b)) is 22 USC 1092. amended by striking out `subsequent to July 1, 1924, and prior to the effective date of the Foreign Service Act Amendments of 1960, and at 61/2" and inserting in lieu thereof "from July 1, 1924, to October 16, 1960, and at 61/2 per centum from October 17, 1960, to December 31, 1969, and at 7". SEC. 104. (a) Part G of title VIII of such Act (22 U.S.C. 1101-1104) is amended by adding at the end thereof the following 60 Stat. 1024. new sections : "PAYMENTS FOR FUTURE BENEFITS "SEC. 865. Any statute which authorizes- "(1) new or liberalized benefits payable from the Fund, including annuity increases other than under section 882; "(2) extension of the benefits of the System to new groups of emp oyees; or "(3) increases in salary on which benefits are computed; is deemed to authorize appropriations to the Fund to finance the unfunded liability created by that statute, in thirty equal annual installments with interest computed at the rate used in the then most Approved For Release 2005/06/06 : CIA-RDP72-00337R000400090001-5 Approved For Release 2005/06/06 : CIA-RDP72-00337R000400090001-5 Pub. Law 91-201 -2 - February 28, 1970 recent valuation of the System and with the first payment thereof due as of the end of the fiscal year in which each new or liberalized benefit, extension of benefits, nr increase in salary is effective. Report to President and Congress. "Sec. 886. At the end of each fiscal year, the Secretary shall notify the Secretary of the Treasury of the amount equivalent to (1) interest on the unfunded liability computed for that year at the interest rate used in the then most recent valuation of the System, and (2) that portion of disbursement for annuities for that year which the Secre- tarryy estimates is attributable to credit allowed for military service. Before closing*, the accounts for each fiscal year, the Secretary of the Treasury shall credit to the Found, as a Government contribution, out of any money in the Treasury of the United. States not otherwise appropriated, the following percentages of such amounts: 10 per centuu for 1971; 20 per centum for 1972; 30 per centum for 19x3; 40 per centum for 1974; 50 per eenttnn for 1975; 60 per centum for 1976; 70 per cent.um for 1977; 80 per csntum for 1948; 90 per centuni for 1979; and 100 per centum for 1980 and for each fiscal year there- after. The Secretary shall report to the President and to the Congress the sums credited to the Fund under this section." (b) The provisions of section 866 of the Foreign Service Act of 1946, as contained in the -.Amendment made by subsection (a) of this section, shall become effective at the beginning of the fiscal year which ends on June 30, 1971. TITLE 11-FOREIGN SERVICE RETIREMENT BENEFITS SEC. 201. Section 804(b) of the Foreign Service Act of 1946 (22 Ante, pi 17. U.S.C. 1064(b)) is amended by adding at the end thereof the follow- ing new paragraph: "Prioe index." "(6) `Price index' means the Consumer Price Index (all items- Fnited States city average) published monthly by the Bureau of Labor Statistics." Average pay SEC. 202. (a) Section 821(a) of such Act (22 U.S.C. 1076(a)) is oomputation. amended by striking out "five" each place it appears and inserting 74 stet. 839. in lieu thereof at each such palace "three . Survivor (b) Section 821(c) of such Act. (22 U.S.C. 1076 (c) ) is amended as annuities, follows: (1) Paragraph (1) of such section is amended by striking out all after "(i)" and inserting in lieu thereof "$900; or (ii) '2,700 divided by the number of children." (2) Paragraph (2) of such section is amended bZ striking out all after s` (i )" and inserting in lieu thereof "$1,080; or (ii) $3,240 divided by the number of children." Sac. 203. (a) Section 832(b) of such Act (22 U.S.C. 1082(b)) is amended--- (1) by striking out "five years" and inserting in lieu thereof "ei Wen months'; and 2) by inserting immediately before the semicolon following "section 821(a)" tine following: "and if the participant had less than three years creditable civilian service at the time of death, the survivor annuity shall be computed on the basis of the average salary for the entire period of such service". (b) Subsections (c) and (d) of such section 832 are each amended by striking out "five years" and inserting in lieu thereof "eighteen months". Approved For Release 2005/06/06 : CIA-RDP72-00337R000400090001-5 Approved For Release 2005/06/06 : CIA-RDP72-00337R000400090001-5 February 28, 1970 - 3 - Pub. Law 91-201 84 Stat, 19 SEC. 204. (a) Section 851 of such Act (22 U.S.C. 1091) is amended 74 Stat. 844. (1) by inserting "(a)" immediately after "SEC. 851.", and (2) by striking out "the Federal Employees' Compensation Act of Sep- tember 7, 1916, as amended" and inserting in lieu thereof "subchapter 1 of chapter 81 of title 5, United States Code". 80 Stat. 531. (b) Section 851 of such Act is further amended by adding at the 5 USC 8101-8150. end thereof the following new subsection: Unused sick "(b) In computing any annuity under this title, the total service leave credit. of a participant who retires on an immediate annuity or who dies leaving a survivor or survivors entitled to annuity includes, without regard to the thirty-five-year limitation imposed by section 821(a), the days of unused sick leave to his credit except that these days will not be counted in determining average basic salary or annuity eligi- bility under this title. A contribution to the Fund shall not be required from a participant for this service credit." SEC. 205. Section 882 of such Act (22 U.S.C. 1121) is amended to cost-of-living read as follows: "SEC. 882. (a) Effective the first day of the third month which 7annuit 9 Stat.11132. begins after the date of enactment of the Foreign Service Act Amend- ments of 1969 (hereafter in this section referred to as `this amend- ment'), each annuity ,payable from the Fund which has a commencing date not later than such effective date shall be increased by 1 per centum plus the per centum rise in the price index adjusted to the nearest one-tenth of 1 per centum, determined by the Secretary on the basis of the increase in the price index for the month latest published on the date of enactment of this amendment over the average price index for the calendar year forming the basis for the last increase under this section prior to this amendment. "(b) Effective the first day of the third month which begins after the price index shall have equaled a rise of at least 3 per centum for three consecutive months over the price index for the month last used to establish an increase, each annuity payable from the Fund which has a commencing date not. later than such effective date shall be increased by 1 per centum plus the per centum rise in the price index (calculated on the highest level of the price index during the three consecutive months) adjusted to the nearest one-tenth of 1 per centum. "(c) Eligibility for an annuity increase under this section shall be governed by the commencing date of each annuity payable from the Fund as of the effective date of an increase except as follows: "(1) Effective from its commencing date, an annuity payable from the Fund to a surviving wife, husband, or designated beneficiary of an annuitant shall be increased by the total per centum increase the annuitant was receiving under this section at death. "(2) For purposes of computing an annuity which commences on or after November 1, 1969, to a child under section 821(c) or Ante, p. 18. 832 (c) or (d), the items $900, $1,080, $2,700, and $3,240 appearing in section 821(c) shall be increased by the total per centum increases allowed and in force under this section subsequent to November 1, 1969. "(d) No increase in annuity provided by this section shall be com- puted on any additional annuity purchased at retirement by voluntary contributions. "(e) The monthly installment of annuity after adjustment under this section shall be fixed at the nearest dollar, except such installment shall after adjustment reflect an increase of at least $1." SEC. 206. (a) The amendments made by sections 202(a), 203, and Applicability. 204 shall become effective as of October 20, 1969. Such amendments shall not apply to persons retired or otherwise separated prior to such Approved For Release 2005/06/06 : CIA-RDP72-00337R000400090001-5 Approved For Release 2005/06/06 : CIA-RDP72-00337R000400090001-5 Pub. Law 91-Z01 -4 - February 28. 1970 84 Stat. 20 _ date, and the rights of such persons and their survivors shall con- tinue in the same manner and to the same extent as if such sections had not been amended by this Act. :ontrihution (b) Any lump sum payment, of contributions and interest made -efund s, pursuant to section 832(a) of such Act because of the death of a ?epayaents. participant shall be repaid to the Fund, or arrangements satisfactory '4 stet. 842. to the Secretary of Mato made for such repayment, before any 2 use 1082. annuity authorized by the amendments made by section 203 shall be paid to any survivor of such participant.. (c) The amendments made by section 202(b) shall become effective as of November 1, 1969. (d) The annuity of each child entitled to receive an annuity under fictions 821 (c) and 832 (c) and (d) of such Act, as amended by this Act, shall be recomputed, effective as of November 1, 1969, in accord- ance with section 821 of such Act as amended by this Act. No increase allowed and in force prior to November 1, 1969, shall be included in the. reeomputation of any such annuity, and this subsection shall not operate to reduce any annuity. (e) Section 882(c) (1) of such Act. as amended by this Act shall not apply with respect, to survivor annuities in effect on the date of enactment of this Act. Approved February Z8, 1970. LEGISLATIVE NT"TORf, qOUSF REPORT No. 91-716 (Cann, on Foreign Affairs). SENATE REPORT No. 91-701 (Corm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 115 (1969), Doo, 15, considered and passed House. Vol. 116 (1970)t Feb. 17, oonsidered and passed Senate. Approved For Release 2005/06/06 : CIA-RDP72-00337R000400090001-5 Approved For Release 2005/06/06,: CIA-RDP72-00337R000400090001-5 91ST CONGRESS 2D SESSION Calendar No. 694 H. R. 14789 [Report No. 91-701 ] IN TILE SENATE OF TIIE UNITED STATES I)i:r;i~iIrs1m. 16,1969 Read twice and referred to the Committee on Foreign Relations FEBRUARY 10,1.970 Reported by Mr. Fur,BRTGIIT, wi_tliout amendment is A"rw-A To amend title VIII of the Foreign Service Act of 1946, as amended, relating to the Foreign Service Retirement and Disability System, and for other purposes. 1 Be it enacted, by the Senate and house of Representa- 2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Foreign Service Act 4 Amendments of 1969". 5 TITLE I--FOEEIUN SERVICE RETIREMENT 6 FINANCING 7 'SEC. 101. Section 804 (b) of the Foreign Service Act 8 of 1946 (22 U.S.C. 1064 (b)) is amended by adding at 9 the end thereof the following now paragraphs: 10 (4) `Fund balance' means the sum of- Approved For Release 2005/06/06 : CIA-RDP72-00337R000400090001-5 Approved For Release 2005/06/06 : CIA-RDP72-00337R000400090001-5 I " (A ) the ittvesttnetals of the Fttild calculated at 2 liar valise: and (11) the cash balance of the IIIund on the books 1 of tine 't'reasury. 5 " (5) 'Unfunded liability' mean, the estituatccl excess of the present v-alttc of all hcnclits Iaaval,le from the Fund over the stint of--- " (.1) the present value of deductions to be withheld from the l'tature basic sallarv of paarticil-arats and of future a~;eileV eorat riiltatia~aas to lie made in their behalf; plus (B) the present value of #Ioyea'tturcnt payments to the Fund aattaler section Stir) of this title; plus " (C) the Fund balance as of the date the un- futtded liability is determined." Si.