Page:United States Statutes at Large Volume 60 Part 1.djvu/1043

This page needs to be proofread.


PUBLIC LAWS-CH. 957-AUTG. 13, 1946 Post, p . 1022. Assignment. Probationary status. Post, p. 1024 . Post, p. 1020 . Hearing. Annuity. Post, p. 1020. Payment at time of separation. Payments from Fund. Hearing. Post, p . 1019. Post, p. 1022 . Service Retirement and Disability Fund, with interest thereon at 4 per centum, compounded annually, shall be paid in accordance with the provisions of section 841. (b) Notwithstanding the provisions of section 3477 of the Revised Statutes (31 U. S. C. 203) or the provisions of any other law, a Foreign Service officer who is retired in accordance with the pro- visions of this section shall have the right to assign to any person or corporation the whole or any part of the benefits receivable by him pursuant to paragraph (a) (1) of this section. Any such. assignment shall be on a form approved by the Secretary of the Treasury and a copy thereof shall be deposited with the Secretary of the Treasury by the officer executing the assignment. FOREIGN SERVICE OFFICERS RETIRED FROM CLASS 6 SEC. 635. Any Foreign Service officer in class 6 shall occupy pro- bationary status. The Secretary may terminate his service at any time. VOLUNTARY RETIREMENT SEC. 636. Any Foreign Service officer who is at least fifty years of age and has rendered twenty years of service, including service within the meaning of section 853, may on his own application and with the consent of the Secretary be retired from the Service and receive benefits in accordance with the provisions of section 821. SEPARATION FOR UNSATISFACTORY PERFORMANCE OF DUTY SEC. 637. (a) The Secretary may, under such regulations as he may prescribe, separate from the Service any Foreign Service officer above class 6 on account of the unsatisfactory performance of his duties; but no such officer shall be so separated from the Service until he shall have been granted a hearing by the Board of the Foreign Service and the unsatisfactory performance of his duties shall have been established at such hearing. (b) Any Foreign Service officer over forty-five years of age, sep- arated from the Service in accordance with the provisions of para- graph (a) of this section, shall be retired upon an annuity computed in accordance with the provisions of section 821 but not in excess of 25 per centum of his per annum salary at the time of his separation. (c) Any Foreign Service officer under forty-five years of age, separated from the Service in accordance with the provisions of para- graph (a) of this section, shall at the time of separation receive a payment equal to one year's salary or the refund of the contributions made by him to the Foreign Service Retirement and Disability Fund, whichever shall be greater. (d) Any payments made in accordance with the provisions of this section shall be made out of the Foreign Service Retirement and Disability Fund. SEPARATION FOR MISCONDUCT OR MALFEASANCE SEC. 638. The Secretary shall separate from the Service any Foreign Service officer or Reserve officer who shall be guilty of misconduct or malfeasance in office, but no such officer shall be so separated from the Service until he shall have been granted a hearing by the Board of the Foreign Service and his misconduct or malfeasance shall have been established at such hearing. Any officer separated from the Service in accordance with the provisions of this section shall not be eligible to receive the benefits provided by title VIII of this Act, but his contributions to the Foreign Service Retirement and Disability Fund shall be returned to him in accordance with the provisions of section 841 (a). [60 STAT.