U.S. Code » Title 22 » Chapter CHAPTER 52— FOREIGN SERVICE › Subchapter SUBCHAPTER VIII— FOREIGN SERVICE RETIREMENT AND DISABILITY › Part Part I— Foreign Service Retirement and Disability System

22 U.S.C. § 4060

Assignment and attachment of moneys

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 22 CasesGoogle Scholar
(a) Annuities and severance pay benefits(1) An individual entitled to an annuity from the Fund may make allotments or assignments of amounts from such annuity for such purposes as the Secretary of State in his or her sole discretion considers appropriate.(2) Notwithstanding section 3727 of title 31 or any other law, a member of the Service who is entitled to receive benefits under section 4009(b)(1) of this title may assign to any person the whole or any part of those benefits. Any such assignment shall be on a form approved by the Secretary of the Treasury and a copy of such assignment form shall be deposited with the Secretary of the Treasury by the member executing the assignment.(b) Participants or annuitants having former spouses(1)(A) In the case of any participant or annuitant who has a former spouse who is covered by a court order or who is a party to a spousal agreement—(i) any right of the former spouse to any annuity under section 4054(a) of this title in connection with any retirement or disability annuity of the participant, and the amount of any such annuity;(ii) any right of the former spouse to a survivor annuity under section 4054(b) or (c) of this title, and the amount of any such annuity; and(iii) any right of the former spouse to any payment of a lump-sum credit under section 4055(a) or (b) of this title;shall be determined in accordance with that spousal agreement or court order, if and to the extent expressly provided for in the terms of that spousal agreement or court order.(B) This paragraph shall not apply in the case of any spousal agreement or court order which, as determined by the Secretary of State—(i) would provide for a survivor annuity for a spouse or any former spouse of a participant with respect to which there has not been an annuity reduction (or a salary reduction or payment under section 4054(c)(3) of this title); or(ii) is otherwise inconsistent with the requirements of this part.(2) Except with respect to obligations between participants and former spouses, payments under this part which would otherwise be made to a participant or annuitant based upon his or her service shall be paid (in whole or in part) by the Secretary of State to another individual to the extent expressly provided for in the terms of any order or any court decree of legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of legal separation.(3) Paragraphs (1) and (2) shall apply only to payments made under this part for periods beginning after the date of receipt by the Secretary of State of written notice of such decree, order, or agreement, and such additional information and such documentation as the Secretary of State may require.(4) Any payment under this subsection to an individual bars recovery by any other individual.(5) The 10-year requirement of section 4044(b)(6) of this title, or any other provision of this part, shall not be construed to affect the rights any spouse or individual formerly married to a participant or annuitant may have, under any law or rule of law of any State or the District of Columbia, with respect to an annuity of a participant or annuitant under this part.(c) Applicability of other provisions of law or remedies

None of the moneys mentioned in this part shall be assignable either in law or equity, except under subsection (a) or (b) of this section, or subject to execution, levy, attachment, garnishment, or other legal process, except as otherwise may be provided by Federal law.

(Pub. L. 96–465, title I, § 820, Oct. 17, 1980, 94 Stat. 2120; Pub. L. 99–335, title IV, § 402(a)(2), June 6, 1986, 100 Stat. 609.)Editorial NotesCodification

In subsec. (a)(2), “section 3727 of title 31” substituted for “section 3477 of the Revised Statutes of the United States (31 U.S.C. 203)” on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Amendments

1986—Subsecs. (b)(1)(B)(ii), (2), (3), (5), (c). Pub. L. 99–335 substituted “this part” for “this subchapter” wherever appearing.

Statutory Notes and Related SubsidiariesEffective Date of 1986 Amendment

Amendment by Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1983–2023 · leading case: Wilson v. Collins, 499 S.E.2d 560 (Va. Ct. App. 1998).
Sort: Relevance Newest Treatment
Wilson v. Collins, 499 S.E.2d 560 (Va. Ct. App. 1998). · cites it 6× “See 22 U.S.C. § 4060 (b)(1)(A). Through either a “spousal agreement” or a “court order,” the parties or a court may vary “any right” the former spouse has in the member’s retirement annuity from those set forth in 22 U.”
Dominion Resources, Inc. v. United States, 641 F.3d 1359 (Fed. Cir. 2011). · cites it 2× “And: Notwithstanding the provision of section 3727 of Title 31, the Secretary is authorized to recognize validly executed assignments made by Regional Corporations of their rights to receive payments from the Alaska Native Fund.”
Benn v. Cole (In Re Benn), 340 B.R. 905 (8th Cir. BAP 2006). · cites it 2× “Examples of non-bankruptcy federal exemption statutes include: — foreign service retirement and disability payments, 22 U.S.C. § 4060 ; — social security payments, 42 U.”
Angulo v. Gochnauer, 772 A.2d 830 (D.C. 2001). · cites it 2× “§ 4054 (a)(1), or, put another way, whether it “expressly provided for” a different payment than to the ex-spouse, 22 U.S.C. § 4060 (b)(1). The settlement agreement here made no express mention of rights under the Act.”
Nicholson v. Nicholson, 463 S.E.2d 334 (Va. Ct. App. 1995). · cites it 2× “However, in order for a spousal agreement or court decree to affect a former spouse’s statutory right to the federal pension, 22 U.S.C. § 4060 (b)(1)(A) provides that the spousal agreement controls only “if and to the extent expressly provided for in the terms of that spousal…”
In Re Antonie, 432 B.R. 843 (Bankr. D. Idaho 2010). “Among the kinds of property that are deemed exempt under Federal nonbankruptcy law are: foreign service retirement and disability payments, 22 U.S.C. § 4060 ; social security payments, 42 U.”
Thibodeaux v. Thibodeaux, 454 So. 2d 813 (La. 1984). “§ 1408 (military retirement pay, in particular section (c)(1) effective after June 25, 1981 overruling McCarty ); 22 U.S.C. § 4060 (Foreign Service Act of 1980); 42 U.”
In Re Ezaki, 140 B.R. 747 (Bankr. D. Minn. 1992). “§ 1717 (1982) (compensation for injury or death due to war risk hazards); 22 U.S.C. § 4060 (c) (Supp.1987) (payments for foreign service retirement and disability); 42 U.”
Thomas Allsbury v. Bettina Allsbury, n/k/a Robinson, 533 S.E.2d 639 (Va. Ct. App. 2000). “” 22 U.S.C. § 4060 (b)(1)(A). The FSRDS allows the parties to expressly agree to vary a former spouse’s entitlement to a share of an annuitant’s Foreign Service Retirement benefits.”
Goff v. Taylor, 706 F.2d 574 (5th Cir. 1983). “§ 1104 (now codified at 22 U.S.C. § 4060 ) (“None of the moneys .”
United States v. Kelly (E.D. Mich. 2023). “Foreign Service, 22 U.S.C. § 4060 (c). Railroad Retirement, 45 U.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.