Page:United States Statutes at Large Volume 74.djvu/876

 836

Post, p. 843. 22 USC 1005.

PUBLIC LAW 86-723-SEPT. 8, 1960

[74 S T A T.

elected to receive retirement benefits dies before reaching the age of sixty, the total amount of his contributions made to the Foreign Service Retirement and Disability Fund, with interest as provided in section 841(a), shall be paid in accordance with the provisions of section 841(b). " SEC. 23. Section 635 of such Act and the heading to such section are amended to read as follows: nFOREIGN SERVICE OFFICERS RETIRED FROM CLASS 7 OR 8

Ante, p. 832.

22 USC noog.

22 USC 1007.

"SEC. 635. Any Foreign Service officer in class 7 who is appointed under the provisions of section 516(b) and any Foreign Service officer in class 8 shall occupy probationary status. The Secretary may terminate his service at any time." SEC. 24. Section 636 of such Act is amended by striking out the phrase "Any Foreign Service officer" and inserting in lieu thereof the phrase "Any participant in the Foreign Service Retirement and Disability System". SEC. 25. (a) Paragraphs (a), (b), (c), and (d) of section 637 of such Act and the heading to such section are amended to read as follows: "SEPARATION FOR CAUSE

"SEC. 637. (a) The Secretary may, under such regulations as he may prescribe, separate from the Service any Foreign Service officer. Reserve officer, or staff officer or employee, on account of the unsatisfactory performance of his duties, or for such other cause as will promote the efficiency of the Service, with reasons given in writing, but no such officer or employee shall be so separated until he shall have been granted a hearing by the Board of the Foreign Service and the unsatisfactory performance of his duties, or other cause for separation, shall have been established at such hearing, unless he shall have waived in writing his right to a hearing. The provisions of this section shall not apply to Foreign Service officers of class 8 or any other officer or employee of the Service who is in a probationary status or whose appointment is limited or temporary, except when separation is by reason of misconduct. " (b) Any participant in the Foreign Service Retirement and Disability System separated under the provisions of paragraph (a) of this section shall receive a refund of the contributions made to the Foreign Service Retirement and Disability Fund, with interest, as provided in Post, p. 843. section 841(a) except that in lieu of such refund such officer may (except in cases where the Secretary determines that separation was based in whole or in part on the ground of disloyalty to the United States) if he has at least five years of service credit toward retirement under this System, excluding military or naval service that is credited gg^os*' pp- 851. in accordance with the provisions of section 851 or 852(a), elect to leave his contributions in the Fund and receive an annuity, computed Post, p. 839. jj^g prescribed in section 821 commencing at the age of sixty years. I n the event that an officer who has elected under the provisions of this section to receive a deferred annuity dies before reaching the a^e of sixty, his contributions to the Fund, with interest, shall be paid in 84^.° ^'' ^^' ^^^' accordance with the provisions of sections 841 and 881. "(c) Any officer or employee of the Service separated under the provisions of paragraph (a) of this section who is not a participant in the Foreign Service Retirement and Disability System shall be entitled only to such benefits as shall accrue to him under the retirement system in which he is a participant.

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