§ 4007. — Retirement for expiration of time in class.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4007]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER VI--PROMOTION AND RETENTION
Sec. 4007. Retirement for expiration of time in class
(a) Maximum time
(1) The Secretary shall, by regulation, establish maximum time in
class limitations for--
(A) career members of the Senior Foreign Service,
(B) Foreign Service officers, and
(C) other career members of the Service who are in such
occupational categories as may be designated by the Secretary and
who are assigned to salary classes in the Foreign Service Schedule
to which Foreign Service officers may also be assigned.
(2) Maximum time in class limitations under this subsection (which
may not be less than 3 years for career members of the Senior Foreign
Service) may apply with respect to the time a member may remain in a
single salary class or in a combination of salary classes.
(3) The Secretary may, by regulation, increase or decrease any
maximum time in class established under this subsection as the needs of
the Service may require. If maximum time in class is decreased, the
Secretary shall provide any member of the Service who is in a category
and salary class subject to the new time in class limitation an
opportunity to remain in class (notwithstanding the new limitation) for
a period which is at least as long as the shorter of--
(A) the period which the member would have been permitted to
remain in class but for the decrease in maximum time in class, or
(B) such minimum period as the Secretary determines is necessary
to provide members of the Service who are in the same category and
salary class as that member a reasonable opportunity to be promoted
into the next higher class or combination of classes, as the case
may be.
(b) Limited career extension
Members of the Service whose maximum time in class under subsection
(a) of this section expires--
(1) after they have attained the highest salary class for their
respective occupational categories, or
(2) in the case of members of the Senior Foreign Service, while
they are in salary classes designated by the Secretary,
may continue to serve only under limited extentions of their career
appointments. Such limited extensions may not exceed 5 years in duration
and may be granted and renewed by the Secretary in accordance with the
recommendations of selection boards established under section 4002 of
this title. Members of the Service serving under such limited career
extensions shall continue to be career members of the Service.
(c) Members subject to retirement; reception of retirement benefits
Any member of the Service--
(1) whose maximum time in class under subsection (a) of this
section expires and who is not promoted to a higher class or
combination of classes, as the case may be, or
(2) whose limited career extension under subsection (b) of this
section expires and is not renewed,
shall be retired from the Service and receive benefits in accordance
with section 4009 of this title, subject to any career extension under
subsection (d) of this section.
(d) Extensions
Notwithstanding any other provision of this section--
(1) the career appointment of a member of the Service whose
maximum time in class under subsection (a) of this section expires,
or whose limited career extension under subsection (b) of this
section expires, while that member is occupying a position to which
he or she was appointed by the President, by and with the advice and
consent of the Senate, shall be extended until the appointment to
that position is terminated; and
(2) if the Secretary determines it to be in the public interest,
the Secretary may extend temporarily the career appointment of a
career member of the Service whose maximum time in class or limited
career extension expires, but in no case may any extension under
this paragraph exceed one year and such extensions may be granted
only in special circumstances.
(Pub. L. 96-465, title I, Sec. 607, Oct. 17, 1980, 94 Stat. 2096.)
Section Referred to in Other Sections
This section is referred to in sections 4001, 4002, 4009, 4046,
4071d, 4131, 4136, 4153 of this title.
