---
kind: "section"
citation: "22 U.S.C. § 4049"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "4049"
heading: "Death in service"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/22/4049"
units:
  - "Chapter 52 — Foreign Service"
  - "Subchapter VIII — Foreign Service Retirement and Disability"
  - "Part I — Foreign Service Retirement and Disability System"
---

# §4049. Death in service

- (a) **Lump-sum credit—** If a [participant](/usc/22/4071a.md?p=5) dies and no claim for annuity is payable under this part, the [lump-sum credit](/usc/22/4044.md?p=8) shall be paid in accordance with [section 4055 of this title](/usc/22/4055.md).
- (b) **Surviving spouse—** If a [participant](/usc/22/4071a.md?p=5) who has at least 18 months of civilian service credit toward retirement under the [System](/usc/22/4071a.md?p=10) dies before retirement or other separation from the Service and is survived by a spouse or [former spouse](/usc/22/4044.md?p=6) qualifying for an annuity under [section 4054(b) of this title](/usc/22/4054.md?p=b), such [surviving spouse](/usc/22/4044.md?p=13) shall be entitled to an annuity equal to 55 percent of the annuity computed in accordance with subsections [(e)](#e) and [(g)](#g) of this section and [section 4046(a) of this title](/usc/22/4046.md?p=a) and any surviving [former spouse](/usc/22/4044.md?p=6) shall be entitled to an annuity under [section 4054(b) of this title](/usc/22/4054.md?p=b) as if the [participant](/usc/22/4071a.md?p=5) died after being entitled to an annuity under this part. If the [participant](/usc/22/4071a.md?p=5) had less than 3 years creditable civilian service at the time of death, the survivor annuity shall be computed on the basis of the average salary for the entire period of such service.
- (c) **Surviving spouse or former spouse, and children—** If a [participant](/usc/22/4071a.md?p=5) who has at least 18 months of civilian service credit toward retirement under the [System](/usc/22/4071a.md?p=10) dies before retirement or other separation from the Service and is survived by a spouse or a [former spouse](/usc/22/4044.md?p=6) who is the natural or adoptive parent of a surviving [child](/usc/22/4044.md?p=2) of the [annuitant](/usc/22/4044.md?p=1), and a [child](/usc/22/4044.md?p=2) or children, each surviving [child](/usc/22/4044.md?p=2) shall be entitled to an annuity computed in accordance with subsections (c)(1) and (d) of [section 4046 of this title](/usc/22/4046.md).
- (d) **Surviving children—** If a [participant](/usc/22/4071a.md?p=5) who has at least 18 months of civilian service credit toward retirement under the [System](/usc/22/4071a.md?p=10) dies before retirement or other separation from the Service and is not survived by a spouse, or a [former spouse](/usc/22/4044.md?p=6) who is the natural or adoptive parent of a surviving [child](/usc/22/4044.md?p=2) of the [annuitant](/usc/22/4044.md?p=1), but by a [child](/usc/22/4044.md?p=2) or children, each surviving [child](/usc/22/4044.md?p=2) shall be entitled to an annuity computed in accordance with subsections (c)(2) and (d) of [section 4046 of this title](/usc/22/4046.md).
- (e) **Service credit; presumption of qualification—** If, at the time of his or her death, the [participant](/usc/22/4071a.md?p=5) had less than 20 years of service credit toward retirement under the [System](/usc/22/4071a.md?p=10), the annuity payable in accordance with [subsection (b)](#b) shall be computed in accordance with [section 4046 of this title](/usc/22/4046.md) on the assumption he or she has had 20 years of service, except that the additional service credit that may accrue to a deceased [participant](/usc/22/4071a.md?p=5) under this subsection shall in no case exceed the difference between his or her age on the date of death and age 60. In all cases arising under this subsection or subsection [(b)](#b), [(c)](#c), [(d)](#d), or [(g)](#g), it shall be assumed that the deceased [participant](/usc/22/4071a.md?p=5) was qualified for retirement on the date of death.
- (f) **Recall service—** If an [annuitant](/usc/22/4044.md?p=1) entitled to a reduced annuity dies in service after being recalled under [section 3948 of this title](/usc/22/3948.md) and is survived by a spouse or [former spouse](/usc/22/4044.md?p=6) entitled to a survivor annuity based on the service of such [annuitant](/usc/22/4044.md?p=1), such survivor annuity shall be computed as if the recall service had otherwise terminated on the day of death and the annuity of the deceased had been resumed in accordance with [section 4063 of this title](/usc/22/4063.md). If such death occurs after the [annuitant](/usc/22/4044.md?p=1) had completed sufficient recall service to attain eligibility for a supplemental annuity, a [surviving spouse](/usc/22/4044.md?p=13) or surviving [former spouse](/usc/22/4044.md?p=6) who was married to the [participant](/usc/22/4071a.md?p=5) at any time during a period of recall service shall be entitled to elect, in addition to any other benefits and in lieu of a refund of retirement contributions made during the recall service, a supplemental survivor annuity computed and paid under [section 4046(i) of this title](/usc/22/4046.md?p=i) as if the recall service had otherwise terminated. If the [annuitant](/usc/22/4044.md?p=1) had completed sufficient recall service to attain eligibility to have his or her annuity determined anew, a [surviving spouse](/usc/22/4044.md?p=13) or such a surviving [former spouse](/usc/22/4044.md?p=6) may elect, in lieu of any other survivor benefit under this subchapter, to have the rights of the [annuitant](/usc/22/4044.md?p=1) redetermined and to receive a survivor annuity computed under [subsection (b)](#b) on the basis of the total service of the [annuitant](/usc/22/4044.md?p=1).
- (g) **Limitation on surviving spouse’s annuity—** Notwithstanding [subsection (b)](#b), if the [participant](/usc/22/4071a.md?p=5) or former [participant](/usc/22/4071a.md?p=5) had a [former spouse](/usc/22/4044.md?p=6) qualifying for an annuity under [section 4054(b) of this title](/usc/22/4054.md?p=b), the annuity of the spouse under this section shall be subject to the limitation of [section 4046(b)(3)(B) of this title](/usc/22/4046.md?p=b-3-B).
- (h) **Commencement, termination, and resumption of annuities—** Annuities that become payable under this section shall commence, terminate, and be resumed in accordance with subsection (b)(4), (e), or (h) of [section 4046 of this title](/usc/22/4046.md), as appropriate.

## Source credit

(Pub. L. 96–465, title I, § 809, Oct. 17, 1980, 94 Stat. 2111; Pub. L. 99–335, title IV, § 402(a)(2), (c), June 6, 1986, 100 Stat. 609; Pub. L. 100–238, title II, §§ 214(b), 215(b), Jan. 8, 1988, 101 Stat. 1774.)

## Notes

### Editorial Notes

### Amendments

1988—Subsecs. (c), (d). Pub. L. 100–238, § 214(b), inserted “or a former spouse who is the natural or adoptive parent of a surviving child of the annuitant,” after “spouse”.

Subsec. (e). Pub. L. 100–238, § 215(b), substituted “60” for “65”.

1986—Subsec. (a). Pub. L. 99–335, § 402(c), substituted “part” for “chapter”.

Subsec. (b). Pub. L. 99–335, § 402(a)(2), substituted “part” for “subchapter”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1988 Amendment

Amendment by Pub. L. 100–238 effective 90 days after Jan. 8, 1988, see section 261(a) of Pub. L. 100–238, set out as a note under section 4054 of this title.

### Effective 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.