Certificate of Demonstrated Competence: Interior Design Executive Barbera Hale Thornhill (Nominee For Singapore)

Via state.gov:

SUBJECT:            Ambassadorial Nomination:  Certificate of Demonstrated Competence — Foreign Service Act, Section 304(a)(4)

POST:                  Republic of Singapore

CANDIDATE:     Barbera Hale Thornhill

Barbera Hale Thornhill is a successful business executive, civic leader and philanthropist in Los Angeles, California, where she is president of Impact Design, a business-focused interior design firm.  She is an active member of the Getty Research Institute Council, the Getty Paintings Council, the World Affairs Council and the Pacific Council on International Policy, all of Los Angeles.  Ms. Thornhill’s leadership in civic initiatives and philanthropy, her decades of business experience, and active engagement in shaping and achieving the goals of a broad range of organizations, make her a strong candidate for U.S. Ambassador to Singapore.

Much of Ms. Thornhill’s extensive philanthropic work has focused on direct action to address the negative impact on children of poverty, abuse and neglect.  As Secretary of the Board of the Children’s Institute of Los Angeles, California, a nonprofit organization that provides services to children and families affected by family and community violence within Los Angeles’s most challenged neighborhoods, she led successful fund-raising initiatives to finance the Institute’s work.  She was president of The Colleagues, an organization of women that has raised millions of dollars to finance Children’s Institute, Inc (CII) for over 25 years.  She is an active member of the Library Foundation of Los Angeles, which sponsors literacy, technology and cultural programs at the city’s libraries.  She is also a long-time board member of the West Los Angeles County Council of the Boy Scouts of America, and the National Children’s Chorus of Los Angeles and New York.

Ms. Thornhill attended the University of California at Los Angeles, George Washington University in Washington, D.C., and North Carolina State University in Raleigh, North Carolina.

 

Thornhill, Barbara Hale – Republic of Singapore – March 2020

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Certificate of Demonstrated Competence: Aldona Wos, M.D (Nominee For Canada)

Via state.gov

SUBJECT:            Ambassadorial Nomination:  Certificate of Demonstrated Competence — Foreign Service Act, Section 304(a)(4)

POST:                  Canada

CANDIDATE:     Aldona Wos, M.D.

Aldona Wos is a physician, public policy leader, and philanthropist with broad expertise in public health and global affairs. Dr. Wos currently serves as Vice Chair of the President’s Commission on White House Fellowships.  Previously, Dr. Wos served as the Secretary of the North Carolina Department of Health and Human Services, managing 17,000 employees and $20 billion budget.  She was the U.S. Ambassador to the Republic of Estonia under President George W. Bush.  Currently, she serves on the Boards of Directors of the Council of American Ambassadors, the Victims of Communism Memorial Foundation, and The Institute of World Politics.  Dr. Wos was also a member of the United States Holocaust Memorial Museum Council.  In addition, Dr. Wos has worked on behalf of the United Ways of Greater Greensboro and of Greater High Point for two decades.  She is the Vice President of the Louis DeJoy and Aldona Wos Family Foundation.  Dr. Wos’ diverse leadership and life experience, coupled with her deep commitment to international affairs, diplomacy, and public service, make her an excellent candidate to serve as U.S. Ambassador to Canada.

Earlier in her career, Dr. Wos worked for two decades as a physician specializing in internal medicine and pulmonary care.  She has been active as a Member of the Republican Regents, Republican National Committee.  Among her many other roles in public life, Dr. Wos currently serves on the Duke University Law School Board of Visitors and previously was on the University of North Carolina Board of Governors.  She was also the founder of the Committee for the Preservation of the artwork of Jan Komski, Auschwitz Eyewitness.

Dr. Wos attended Marquette University and then the Warsaw Medical Academy from which she received her Doctor of Medicine degree.  She is the recipient of numerous awards, including one from the Polish Government and several from the Government of Estonia marking her distinguished service there as U.S. Ambassador.

 

Wos, Aldona, M.D. – Canada – March 2020

Ambassador Marie Yovanovitch Retires From the Foreign Service After 34 Years of Service

Updated: 3:54 pm PST with correction on Amb. Yovanovitch’s promotion to Career Minister in 2016.

Ambassador Marie Yovanovitch, the former U.S. Ambassador to Ukraine who was one of the top witnesses in the Trump Impeachment hearings reportedly retired from the State Department.  Ambassador Yovanovitch served 34 years in the U.S. Foreign Service.  She previously served as U.S. Ambassador to the Republic of Armenia (2008-2011) under President Obama and to the Kyrgyz Republic (2005-2008) under President George W. Bush.
Based on her online bio, Ambassador Yovanovitch is 61 years old, which is four years short of the mandatory retirement in the U.S. Foreign Service. (Foreign Service employees are eligible to retire at age 50 with 20 years of service).
Ambassador Yovanovitch was promoted to the Senior Foreign Service Class of Minister-Counselor in 2007. She was ranked Minister-Counselor during her last two appointments as Ambassador to Armenia in 2008 and as Ambassador to Ukraine in 2016. The maximum time-in-class (TIC) limits for Minister-Counselor is “14 years combined TIC with no more than seven years in the class of Counselor.” We don’t have public details beyond what is on congress.gov and the FAM, but it looks like she has not reach her maximum TIC in 2020. It is also likely that she was eligible for promotion to Career Minister prior to her retirement. Correction: Amb. Yovanovitch was promoted to Career Minister in 2016 (thanks B!)
So why would she retire? Perhaps she got exhausted by all the controversy. Or perhaps she simply realized that, given her rank, she could not find a warm home in Pompeo’s State Department nor is she going to get another presidential appointment under this Administration.  Having been yanked out of one assignment without an onward assignment, with a huge WH target on her back, we’ve always suspected that she would not be able to return to Foggy Bottom or get another overseas assignment.
Per 3 FAM 6215 career members of the Foreign Service who have completed Presidential assignments under section 302(b) of the Foreign Service Act, and who have not been reassigned within 90 days after the termination of such assignment, plus any period of authorized leave, shall be retired as provided in section 813 of the Act. 
Ambassador Yovanovitch was detailed to a university for a year. As a career member of the Foreign Service,  she was recalled from an assignment but wasn’t fired after her posting at the US Embassy in Kyiv. In reality, her career ended in Kyiv. Without that university assignment, it’s likely that she would have been subjected to the 90-day rule and be forced into mandatory retirement last summer.
In any case, that university assignment would have ran out this spring but in May 2019, it allowed the State Department to pretend that this was a normal job rotation. For the State Department, it also avoided one spectacle: given that the recall quickly became very high profile and political, they would have had to explain her mandatory retirement in Summer 2019 following the conclusion of her presidential appointment without an onward assignment.
Her case underscores some realities of the Foreign Service that folks will continue to wrestle with for a long time. How breathtakingly easy it was for motivated bad actors to whisper in powerful, receptive ears and ruin a 34-year career. You may have thought that Administration officials could not possibly have believed the whispers, that over three decades of dedicated service meant something, but believed them they did. Since this happened to her, how easily could it happen to anyone, at any post, at any given country around the world? Then to realize how thin the protection afforded career employees, and how easily the system adapts to the political demands of the day.
Note that in the Foreign Service, retirements may be either voluntary or involuntary. According to State, involuntary retirements include those due to reaching the mandatory retirement age of 65 (except DS special agents where the mandatory retirement age is 57), which cannot be waived unless an employee is serving in a Presidential appointment, or if the Director General of the Foreign Service determines that the employee’s retention in active duty is in the “public interest”; and those who trigger the “up-or-out” rules in the FS personnel system (e.g., restrictions in the number of years FS employees can remain in one class or below the Senior Foreign Service threshold).
Voluntary non-retirements include resignations, transfers, and deaths. Involuntary non-retirements consist of terminations, as well as “selection out” of tenured employees and non-tenured decisions for entry level FS employees.
Between FY 2018 and FY 2022, the Department projected that close to 5,900 career CS and FS employees will leave the Department due to various types of attrition.  Most FS attrition reportedly is due to retirements. In FY 2017, 70 percent of all separations from the FS were retirements. For the FY 2018 to FY 2022 period, the attrition mix is expected to be 80 percent retirements and 20 percent non-retirements.

 

Related posts:

 

 

Must Read: Divorce and Foreign Service Retirement Benefits

Help Fund the Blog | Diplopundit 2019 — 60-Day Campaign from June 5, 2019 – August 5, 2019

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Via UNCLASSIFIED CABLE: 19 STATE 53266 Date/DTG: May 20, 2019 / 201659Z MAY 19 available via afsa.org:

1. Divorce can impact the division of Foreign Service retirement benefits. This message from the Bureau of Human Resources Office of Retirement outlines the key rules that apply under the Foreign Service Retirement and Disability System (FSRDS) and the Foreign Service Pension System (FSPS).

2. Please note that the guidance outlined in this message does not apply to Civil Service employees. The Office of Personnel Management (OPM) reviews and administers civil service court-ordered benefits. For more information, Civil Service employees should download Pamphlet RI 84-1 titled “Court Ordered Benefits for Former Spouses” from OPM’s website (https://www.opm.gov/retirement-services/publications-forms/pamphlets/ri84-1.pdf) or view OPM’s presentation on Court Ordered Benefits (https://www.youtube.com/watch?v=hZIaRfUtQB4).

Default Statutory Entitlement

3. The Foreign Service Act provides a statutory entitlement, also referred to as a default entitlement, when a former spouse is a qualified former spouse. A former spouse is a qualified former spouse if the following criteria are met: a) was married to a Foreign Service retirement plan participant for at least 10 years of his/her creditable federal service, b) at least 5 of those 10 years occurred while the participant was a member of the Foreign Service, and c) the former spouse must not have remarried prior to the commencement of any benefits and while under the age of 55 (age 60 for remarriages prior to November 8, 1984, for benefits under FSRDS). If the above criteria are met, and the former spouse is qualified, the statutory default entitlement applies regardless of the employee’s wishes, unless a spousal agreement or court order otherwise governs the disposition of benefits.

4. Under the default statutory entitlement, a qualified former spouse is entitled to a pro rata (marital) share of 50 percent of the employee’s annuity and a pro rata share of the maximum survivor benefit. The pro rata share is a fraction: the numerator is the total length of time of marriage during which the annuity was earned and the denominator is the retiree’s total creditable service. For example, if a couple was married for 14 years during the participant’s creditable service and the participant retired with 20 years of creditable service, then the pro rata share would be 14/20, or 70 percent. The former spouse would therefore receive 35 percent of the participant’s retired pay (which is half of the 70 percent pro rata share) while the participant would receive the remaining 65 percent.

Deviating From Statutory Entitlement

5. The Foreign Service default statutory entitlement may be altered through a valid court order or notarized spousal agreement. For example, a valid court order or spousal agreement can provide an express waiver of the former spouse’s statutory entitlement or provide that the former spouse’s entitlement be based on a different calculation method than the default calculation provided for by statute. Additionally, a valid court order or spousal agreement can award benefits even if the former spouse was not married to the retiree during his/her creditable Foreign Service or even if the marriage lasted fewer than 10 years. For a court order to be given effect for a former spouse, the order must be issued within two years of any divorce or annulment becoming final.

6. Any spousal agreement or court order that claims to alter or waive retirement benefits that are due under the Foreign Service Act to a former spouse must do so expressly in order for the alteration or waiver to be effective. To expressly waive or alter benefits under the Foreign Service Act, any spousal agreement or court order must specifically refer to Foreign Service retirement benefits. Merely mentioning generic retirement benefits or erroneously referring to retirement benefits under the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS) is insufficient to constitute a valid waiver or alteration of benefits. For example, to constitute an express waiver or alteration, the parties may specify that the relevant language in the agreement or order pertains to survivor annuities or pensions under the Foreign Service Act, under the Foreign Service Retirement and Disability System if the annuitant is a FSRDS participant, or under the Foreign Service Pension System if the annuitant is a FSPS participant.

7. In cases where the Department determines that a spousal agreement or court order language is insufficient, the parties may negotiate a new agreement or, in certain circumstances, return to court to correct the problem. A notarized spousal agreement may change the amount of the pension paid to the former spouse at any time. A court order can adjust the amount of a survivor annuity to a former spouse provided it is issued before the death of an employee/annuitant.

Submit Your Divorce Documents For Review

8. Foreign Service members must submit all relevant divorce documentation to the Bureau of Human Resources Office of Retirement (HR/RET) prior to retirement. HR/RET strongly encourages employees to do so prior to, or at the time of divorce, or no later than one year before retirement. In cases where years have passed since the divorce, it sometimes takes time to locate the former spouse. In other cases, state court orders may fail to meet federal standards or one party contends that the order has a different meaning than the Department’s interpretation. Thus, the parties sometimes must return to court to correct the problem. That process can take time.

9. To check in advance for such problems, Foreign Service employees should e-mail a certified copy of the entire court order and all attachments to the HR Service Center at HRSC@state.gov or e-mail that address asking for mailing instructions. HR/RET will review the documentation and provide the employee and their former spouse with a divorce determination letter addressing what, if any, retirement benefits a former spouse is entitled to.

Changes In Marital Status After Retirement

10. Foreign Service annuitants (retirees, their survivors, and former spouses) must report all changes in marital status (divorce, marriage/remarriage, or death of spouse) by notifying the HR Service Center and providing the relevant documentation.

11. Delays by annuitants in reporting a marriage/remarriage occurring after the participant’s retirement can permanently prevent a survivor election. A retiree who remarries after retirement has a limited period of time within which they may be eligible to make a survivor election for the new spouse. Under FSRDS, a retiree has only one year from the date of marriage/remarriage to elect a survivor annuity for a spouse acquired after retirement. For a FSPS retiree, there is a two-year deadline. When deciding whether to make a survivor election for a spouse acquired after retirement, it is important to consider that in order to remain eligible for FEHB benefits, a retiree’s surviving spouse must be eligible to receive a survivor annuity(whether or not the annuity would be payable in whole or in part to a former spouse).

For More Information

12. We understand this short message cannot address every conceivable situation. Therefore, additional questions may be sent to HRSC@state.gov.

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