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former spouse under this section shall (4) The first increase to which a be reduced on the effective date by the former spouse becomes entitled whose amount of such elected survivor annu- annuity is computed under $20.5(a)(3) ity.
(d) Commencement and Termination. (5) Shall be prorated pursuant to Entitlement to survivor benefits under paragraph (c)(1) of section 826 of the this section
Act or 8462 or title 5, U.S. Code. (1) Shall commence on the latter of
$ 20.7 Waiver. (i) The date the principal dies; (ii) December 22, 1987; and
A former spouse entitled to an annu(2) Shall terminate on the last day of
ity under this part may decide to dethe month before the former spouse
cline all or any part of the annuity for dies or remarries before attaining age
personal reasons. An annuity waiver
shall be in writing and sent to the Re55.
tirement Division (PER/ER/RET), De8 20.6 COLA.
partment of State, Washington, DC
20520. A waiver may be revoked in writ(a) Retirement Benefits. A retirement ing at any time. Payment of the annuannuity payable to a former spouse ity waived prior to receipt by the Reunder $20.4 is adjusted for cost-of-liv- tirement Division of the renovation ing increases under section 826 or 858 of
may not be made. the Act in the same manner as the annuity of the principal. The first such 8 20.8 Effect on other benefits. increase for a former spouse shall be Payment to a former spouse under prorated under the applicable section
this part shall not impair, reduce, or in the same way the first increase for
otherwise affect benefits paid under the the principal is adjusted, irrespective Act to the principal or other persons. of whether the annuity to the former spouse commences on the same date as $20.9 Application procedure. the annuity to the principal. If the ben
(a) Submission of Application. To be elefit of a former spouse is based in part
igible for retirement or survivor beneon an annuity supplement payable to a fits under this part, a former spouse principal under 5 U.S.C. 8421 which is
must submit a properly executed and not adjusted by COLA, then that por
completed application to the Departtion of the benefit payable to a former
ment of State by June 22, 1990 or, if an spouse is not adjusted by COLA.
exception is made for compelling cause (b) Survivor Benefits. (1) Survivor an- to this deadline, within 60 days folnuities payable to a former spouse are lowing the date of the letter from the adjusted for COLA under section 826 or
Department transmitting the applica858 of the Act in the same manner as tion to the former spouse. The applicaannuities are or would be adjusted for tion must be delivered or mailed to the other survivors of the principal.
Retirement Division (PER/ER/RET), (2) A survivor annuity payable to a Room 1251, Department of State, Washformer spouse under $ 20.5–1(A) shall be ington, DC 20520. increased from its commencing date (b) Request for Application. The Depursuant to paragraph (c)(2) of section partment of State has attempted to 826 of the Act or 8462 of Title 5, U.S. mail applications to all former spouses Code, by all COLA received by the prin- of whom it is aware that it believes cipal at death, irrespective of the date may be eligible for benefits under this of death and in instances where death part. Any eligible former spouse who occurred prior to December 22, 1987, by does not have an application at the all COLA that would have been paid to time this part is published in the FEDa survivor annuitant from the date of ERAL REGISTER (October 7, 1988) must death until December 22, 1987.
communicate with the Department as (3) The first increase to which a soon as possible and request an applicaformer spouse becomes entitled whose tion. Request may be in person or by annuity is computed under $20.5(a)(2) mail to the address in $20.9(a) or by shall be prorated pursuant to 5 U.S.C. telephoning the Retirement Division 8462(c)(4),
on area code 202-647-9315. A request by
letter must include the typed or printed full name and current address of the former spouse.
It shall also give the dates of marriage and divorce or annulment that establish eligibility and fully identify the Foreign Service employee former employee in question and state the agency of current or last employment.
(c) Payment of Benefits Delayed. Payment of benefits cannot be made to a former spouse until the application for benefits is approved by the Retirement Division of the Department. Upon such approval, benefits will be paid to an eligible former spouse retroactively, if necessary, back to the commencing date determined under this part.
PART 21—INDEMNIFICATION OF
AUTHORITY: 5 U.S.C. 301; 22 U.S.C. 2658.
SOURCE: 60 FR 29988, June 7, 1995, unless otherwise noted.
(a) The Department of State may indemnify an employee for any verdict, judgment, or other monetary award which is rendered against such employee, provided that the conduct giving rise to the verdict, judgment, or award was taken within the scope of employment and that such indemnification is in the interest of the United States, as determined as a matter of discretion by the Under Secretary for Management or his or her designee.
(b) The Department of State may settle or compromise a personal damages claim against an employee by the payment of available funds at any time, provided the alleged conduct giving rise to the personal damages claim was taken within the scope of employment and that such settlement or compromise is in the interest of the United States, as determined as a matter of discretion by the Under Secretary for Management or his or her designee.
(c) The Director General of the Foreign Service and Director of Personnel ("Director General”) shall be the designee of the Under Secretary for Management with respect to determina
tions under paragraphs (a) and (b) of this section in cases which involve:
(1) Foreign courts or foreign administrative bodies and
(2) Requests of less than five thousand dollars.
(d) Absent exceptional circumstances as determined by the Under Secretary for Management or his or her designee, the Department will not entertain a request either to agree to indemnify or to settle a personal damages claim before entry of an adverse verdict, judgment, or award.
(e) When an employee in the United States becomes aware that an action has been filed against the employee in his or her personal capacity as a result of conduct taken within the scope of his or her employment, the employee shall immediately notify the Department through the Executive Director of the Office of the Legal Adviser that such an action is pending. Employees overseas shall notify their Administrative Counselor who shall then notify the Assistant Legal Adviser for Special Functional Problems. Employees may be authorized to receive legal representation by the Department of Justice in accordance with 28 CFR 50.15.
(f) The employee may thereafter request indemnification to satisfy a verdict, judgment, or award entered against the employee. The employee shall submit a written request, with appropriate documentation including copies of the verdict, judgment, award, or settlement proposal if on appeal, to the Legal Adviser. Except as provided in paragraph (g) of this section, the Legal Adviser and the Director General shall then, in coordination with the Bureau of Finance and Management Policy, forward the request with their recommendation to the Under Secretary for Management for decision. The Legal Adviser may seek the views of the Department of Justice, as appropriate, in preparing this recommendation.
(g) Cases in which the Director General is the designee under paragraph (c) of this section may be forwarded by the Assistant Legal Adviser for Special Functional Problems, along with the views of the employee and the bureau or post as appropriate, to the Director General for decision.
(h) Personal services contractors of the Department are considered employees for purposes of the policy set forth in this part.
(i) Any payment under this part either to indemnify a Department of State employee or to settle a personal damages claim shall be contingent upon the availability of appropriated funds.
(j) In addition to the indemnification provisions contained in the regulations in this part, the Department will also follow any specific policies or regulations adopted with respect to damages awarded against Department health care personnel for malpractice claims within the scope of 22 U.S.C. 2702.
[60 FR 29988, June 7, 1995)
PART 22-SCHEDULE OF FEES FOR
CONSULAR SERVICES DEPART-
22.6 Refund of fees.
AUTHORITY: 8 U.S.C. 1153 note, 1351, 1351 note; 10 U.S.C. 2602(c); 22 U.S.C. 214, 2504(a), 4201, 4206, 4215, 4219; 31 U.S.C. 9701; Pub. L. 105–277, 112 Stat. 2681 et seq.; E.O. 10718, 22 FR 4632, 3 CFR 1954–1958 Comp., p. 382; E.O. 11295, 31 FR 10603, 3 CFR, 1996–1970 Comp., 570.
SOURCE: 46 FR 58071, Nov. 30, 1981, unless otherwise noted.
8 22.1 Schedule of fees.
1. Passport Services:
(a) Execution. Required for first-time applicants and renewals under $15.00.
(b) First-time application:
$45.00 plus expedited processing fee if appli
cable. (2) Applicants under age 16
$25.00 plus expedited processing fee if appli
$40.00 plus expedited processing fee it appli
cable (2) Applicants under age 16
$25.00 plus expedited processing fee if appli
ment has determined that the applicant is required to apply at a
U.S. Passport Agency. 2. Exemptions: The following applicants are exempted from passport fees:
(a) Officers or employees of the United States proceeding abroad or No fee.
returning to the United States in the discharge of their official duties,
or their immediate family members (22 U.S.C. 214).
duties aboard an American flag vessel (22 U.S.C. 214).
Armed Forces proceeding abroad to visit the graves of such mem
bers (22 U.S.C. 214).
as members of the Armed Forces of the United States (10 U.S.C.
the United States for purposes of exemption from passport fees (22
U.S.C. 2504(a)). 3. File search and verification of U.S. citizenship when applicant has not pre- $15.00.
sented evidence of citizenship and previous records must be searched. (This tee will not be charged when the applicant's passport was stolen or lost over
seas or when one of the exemptions in item 38 is applicable.). 4 Determination or adjudication of U.S. citizenship for applicants born overseas No fee.
who have not presented a U.S. passport, Report of Birth Abroad of a Citizen of the United States, or Certificate of Naturalization or Citizenship from the
Immigration and Naturalization Service. 5. Passport amendments, to add current or new information, change a name, No fee.
extend a previous passport time limitation, correct an administrative error,
validate a passport for travel to restricted countries, or add extra pages.
mentary proof of U.S. citizenship has been presented.
9. Issuance of Replacement Report of Birth Abroad of a Citizen of the United $40.00.
States by the Department of State in Washington. For fees relating to obtaining documents from passport files and related records, see Documentary
Services, item 35 and succeeding. (Item nos. 10 through 14 vacant.)
Overseas Citizens Services General Overseas Assistance: 15. Arrest visits
No fee. 16. Assistance regarding the welfare and whereabouts of a U.S. Citizen, No fee.
including child custody inquiries. 17. Loan processing: (a) Repatriation loans
No fee (b) Emergency dietary assistance loans
No tee. (Item Nos. 18–20 vacant.) Death and Estate Services:
21. Identification of remains and consultation with family members of a No tee.
U.S. Citizen. 22. Assistance to the next-of-kin in making arrangements for shipping or No fee.
other disposition of remains of a U.S. Citizen. 23. Affidavit attesting to preparation and packing of remains of a U.S. Cit. No fee.
izen. 24. Issuance of consular mortuary certificate on behalf of a U.S. Citizen No tee 25. Assistance in transshipment of remains of a foreign national to or $700.00.
through the United States, including documentation covered by items 23
and 24. 26. Preparation of Report of Death of an American Citizen Abroad, includ. No tee.
ing sending copies to legal representative and closest known relative or
relatives. 27. Acting as a provisional conservator of estates of U.S. Citizens (other No tee.
than U.S. Government employees), by taking possession of, making an
inventory, and placing the official seal.
than U.S. Government employees), by overseeing the appraisal, sale,
possession, inventorying, and placing the official seal. (Item no. 29 vacant.)
Services Relating to Vessels and Seamen 30. Shipping and seamen services, including recording of bill of sale of vessel | Per service, $80.00.
purchased abroad, taking of application for certificate of American ownership,
and investigation 31. Documentary services related to shipping, including issuance of certificate Per service, $650.00 plus costs incurred.
of American ownership. 32. Services provided for an American vessel (a vessel with a certificate of No fee.
American ownership) or American seamen. (22 U.S.C. 4206). (Items nos. 33–34 vacant.)
Documentary Services 35. Notarials
$55.00 36. Certifications:
(a) Certifying under official seal that a copy or extract made from an $20.00; each additional copy $10.00.
official or a private document is a true copy.
or a statement that no record of an official file can be located.
izen of the United States and certifying copies of documents relating
Washington, D.C.). 37. Authentications:
(a) Certifying to official character of a foreign notary or other official $32.00.
(i.e., authenticating a document).