Page:United States Statutes at Large Volume 46 Part 1.djvu/1255

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SEVENTY-FIRST CONGRESS . SEss. III. Cx. 276. 1931 . Off ice rs not co ntri b- "( f) Those officers who retire before having contributed for each uting for each year of service, to have pro- year of service shall have withheld from their annuities to the credit portion withheld upon retiring .

of the Foreign Service retirement and disability fund such propor- tion of 5 per centum as the number of years in which they did not contribute bears to the total length of service : P rovided, That no deductions shall be made from the annuities of officers who have con- tributed thirty years, and no officer shall be required to contribute more than thirty years in any circumstances . "(g) The Secretary of the Treasury is directed to invest from time to time in interest-bearing securities of the United States such portions of the Foreign Service retirement and disability fund as in his judgment may not be immediately required for the payment of annuities, refunds, and allowances, and the income derived from such investments shall constitute a part of said fund . "(h) None of the moneys mentioned in this section shall be assignable either in law or equity, or be subject to execution, levy, or a ttachm ent, garni shment , or other legal proc ess . "(i) In case an annuitant dies without having received in annuities an amount equal to the total amount of his contributions from salary with interest thereon at 4 per centum per annum com- pounded annually up to the time of his death, the excess of said accumulated contributions over the said annuity payments shall be paid to his or her legal representatives ; and in case a Foreign Service officer shall die without having reached the retirement age the total amount of his contribution with accrued interest shall be paid to his legal representatives . "(j) That any Foreign Service officer who, before reaching the age of retirement becomes totally disabled for useful and efficient service by reason of disease or injury not due to vicious habits, intemperance, or willful misconduct on his part, shall, upon his own application or upon order of the President, be retired on an annuity under paragraph (e) of this section : Provid ed, however, That in each case such disability shall be determined by the report of a duly qualified physician or surgeon designated by the Secretary of State to conduct the examination : Provided further, That unless the disab ility be permanent, a like e xamination shall be made annually in order to determine the, degree of disability, and the payment of annuity shall cease from the date of the medical examination showing recovery . " Fees for examinations under this provision, together with reasonable traveling and other expenses incurred in order to submit to examination, shall be paid out of the Foreign Service retirement and disability fund . " When the annuity is discontinued under this provision before th e annuitant has received a sum equal to the total amount of his contributions, with accrued interest, the difference shall be paid to him or to his legal representatives . "(k) The President is authorized from time to time to establish, by Executive order, a list of places which by reason of climatic or other extreme conditions are to be classed as unhealthful posts, and each year of duty subsequent to January 1, 1900, at such posts inclu- sive of regular leaves of absence, of officers already retired or here- after retired, shall be counted as one year and a half, and so on in like proportion in reckoning the length of service for the purpose of r eti reme nt, fra cti onal mo nths be ing cons ide red as full mo nths in computing such service : Provided, however, That the President may at any time cancel the designation of any places as unhealthful with- out affecting any credit which has accrued for service at such posts prior to the date of the cancellation . Pro viso . No deductions from annuities after thirty years' service, etc. Funds to be invested in Federal securities . Moneys not assign- a ble, subject to attach- ment, etc . Legal representatives to receive excess, if an- nuitant dies before re- ceiving total of contri- b utions . Disability retirement before reaching retire- ment age . Provisos. Me dical examina- tion, report of physi- cian . Sub sequent exami- nations if disability not permanent . F ees pa yab le fro m retirement, etc ., fund. If an nu ity discon- tinued before total con- t ributi ons re ceived , dif - ference to be paid . Unhealthful posts. Establishing list of . S erv ice credit al- lowed for duty at . Proviso. Credit accrued, not cancelled by change in designation.