22 U.S.C. § 4052 — Mandatory retirement
submitted 46 years ago by Pub. L. 96-465 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 380 words · no verdicts yet
Most qualifying participants must retire at age 65, but special rules apply to certain Presidential appointees and Foreign Service criminal investigators or inspectors. The Secretary may allow some participants to remain temporarily in service.
(a) (1) Unless subsection (b) applies, a participant must retire at the end of the month in which the participant reaches 65 and has at least 5 years of System service credit, excluding military and naval service. The participant receives benefits under section 4046. (2) Despite paragraph (1), a person described in section 4(a)(2) of the Department of State Special Agents Retirement Act of 1998 who is otherwise eligible for immediate retirement, or a Foreign Service criminal investigator/inspector of the Agency for International Development's Inspector General who would have qualified under section 8336(c) or 8412(d)(1) of title 5, must leave the Service on the last day of the month when that person reaches 57 or completes 20 years of service if already older. If the agency head decides the public interest requires it, the employee may be exempted from automatic separation until age 60. The employing office must give written notice at least 60 days before separation. Without the employee's consent, separation is ineffective until the last day of the month when the 60-day notice ends.
(b) (1) A participant otherwise required to retire while holding a position to which the President appointed the participant with Senate advice and consent may continue until that appointment ends. (2) When the Secretary finds it in the public interest, the Secretary may keep a participant on active service for up to 5 years. (3) After completing service authorized by this subsection, the participant must retire at the end of the month when that service ends.
Except as provided in subsection (b), any participant shall be retired from the Service at the end of the month in which the participant has reached age 65 and has at least 5 years of service credit toward retirement under the System (excluding military and naval service), and shall receive retirement benefits in accordance with section 4046 of this title.
Notwithstanding paragraph (1)—
an individual described in section 4(a)(2) of the Department of State Special Agents Retirement Act of 1998 who is otherwise eligible for immediate retirement under this subchapter; or
a Foreign Service criminal investigator/inspector of the Office of Inspector General of the Agency for International Development who would have been eligible for retirement pursuant to either section 8336(c) or 8412(d)(1) of title 5, as applicable, had the employee remained in civil service,
shall be separated from the Service on the last day of the month in which such individual under subparagraph (A) or such Foreign Service criminal investigator/inspector under subparagraph (B) attains 57 years of age or completes 20 years of service if then over that age. If the head of the agency judges that the public interest so requires, that agency head may exempt such an employee from automatic separation under this subsection until that employee attains 60 years of age. The employing office shall notify the employee in writing of the date of separation at least 60 days before that date. Action to separate the employee is not effective without the consent of the employee, until the last day of the month in which the 60-day notice expires.
Any participant who is otherwise required to retire under subsection (a) while occupying a position to which he or she was appointed by the President, by and with the advice and consent of the Senate, may continue to serve until that appointment is terminated.
Whenever the Secretary determines it to be in the public interest, any participant who is otherwise required to retire under subsection (a) may be retained on active service for a period not to exceed 5 years.
Any participant who completes a period of service authorized by this subsection shall be retired at the end of the month in which such authorized service is completed.
Source credit: (Pub. L. 96–465, title I, § 812, Oct. 17, 1980, 94 Stat. 2113; Pub. L. 101–513, title V, § 587(b), Nov. 5, 1990, 104 Stat. 2056; Pub. L. 102–499, § 4(c), Oct. 24, 1992, 106 Stat. 3265; Pub. L. 105–382, § 3, Nov. 13, 1998, 112 Stat. 3408; Pub. L. 117–225, § 3(b)(2)(B)(ii), Dec. 9, 2022, 136 Stat. 2296.)
- 1980Enacted · Pub. L. 96-465 · 94 Stat. 2113
- 1990Amended · Pub. L. 101-513 · 104 Stat. 2056
- 1992Amended · Pub. L. 102-499 · 106 Stat. 3265
- 1998Amended · Pub. L. 105-382 · 112 Stat. 3408
- 2022Amended · Pub. L. 117-225 · 136 Stat. 2296
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-465 on 1980-10-17.
all 0 arguments · sorted by: best
no arguments yet — make the first case