22 U.S.C. § 4051 — Voluntary retirement

Page 1492 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4050 in accordance with subsections (c)(1) and (d) of section 4046 of this title. (d) Surviving children If a participant who has at least 18 months of civilian service credit toward retirement under the System dies before retirement or other sepa- ration from the Service and is not survived by a spouse, or a former spouse who is the natural or adoptive parent of a surviving child of the annu- itant, but by a child or children, each surviving child shall be entitled to an annuity computed in accordance with subsections (c)(2) and (d) of section 4046 of this title. (e) Service credit; presumption of qualification If, at the time of his or her death, the partici- pant had less than 20 years of service credit to- ward retirement under the System, the annuity payable in accordance with subsection (b) shall be computed in accordance with section 4046 of this title on the assumption he or she has had 20 years of service, except that the additional serv- ice credit that may accrue to a deceased partici- pant under this subsection shall in no case ex- ceed 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), (c), (d), or (g), it shall be assumed that the deceased par- ticipant was qualified for retirement on the date of death. (f) Recall service If an annuitant entitled to a reduced annuity dies in service after being recalled under section 3948 of this title and is survived by a spouse or former spouse entitled to a survivor annuity based on the service of such annuitant, such sur- vivor 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. If such death occurs after the annuitant had completed sufficient recall service to attain eligibility for a supplemental annuity, a sur- viving spouse or surviving former spouse who was married to the participant at any time dur- ing 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 sec- tion 4046(i) of this title as if the recall service had otherwise terminated. If the annuitant had completed sufficient recall service to attain eli- gibility to have his or her annuity determined anew, a surviving spouse or such a surviving former spouse may elect, in lieu of any other survivor benefit under this subchapter, to have the rights of the annuitant redetermined and to receive a survivor annuity computed under sub- section (b) on the basis of the total service of the annuitant. (g) Limitation on surviving spouse’s annuity Notwithstanding subsection (b), if the partici- pant or former participant had a former spouse qualifying for an annuity under section 4054(b) of this title, the annuity of the spouse under this section shall be subject to the limitation of section 4046(b)(3)(B) of this title. (h) Commencement, termination, and resump- tion of annuities Annuities that become payable under this sec- tion shall commence, terminate, and be resumed in accordance with subsection (b)(4), (e), or (h) of section 4046 of this title, as appropriate. (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.) Editorial Notes AMENDMENTS 1988—Subsecs. (c), (d). Pub. L. 100–238, § 214(b), in- serted ‘‘or a former spouse who is the natural or adop- tive 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 Effec- tive Date note under section 8401 of Title 5, Govern- ment Organization and Employees. § 4050. Discontinued service retirement Any participant who voluntarily separates from the Service after obtaining at least 5 years of service credit toward retirement under the System (excluding military and naval service) may upon separation from the Service or at any time prior to becoming eligible for an annuity elect to have his or her contributions to the Fund returned in accordance with section 4055 of this title, or to leave his or her contributions in the Fund and receive an annuity, computed under section 4046 of this title, commencing at age 60. (Pub. L. 96–465, title I, § 810, Oct. 17, 1980, 94 Stat. 2112.) § 4051. Voluntary retirement Any participant who is at least 50 years of age and has 20 years of creditable service, including at least 5 years of service credit toward retire- ment under the System (excluding military and naval service), may on his or her own applica- tion and with the consent of the Secretary be re- tired from the Service and receive retirement benefits in accordance with section 4046 of this title. The Secretary shall withhold consent for retirement under this section by any participant who has not been a member of the Service for 5 years. Any participant who voluntarily sepa- rates from the Service before completing 5 years in the System and who, on the date of separa- tion, would be eligible for an annuity, based on a voluntary separation, under section 8336 or Page 1493 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4052 8338 of title 5, if the participant had been cov- ered under the Civil Service Retirement System rather than subject to this subchapter while a member of the Service, may receive an annuity under section 8336 or 8338, notwithstanding sec- tion 8333(b) of title 5, if all contributions trans- ferred to the Fund under section 4045(c)(1) of this title, as well as all contributions withheld from the participant’s pay or contributed by the employer, and deposited into the Fund during the period he or she was subject to this sub- chapter, including interest on these amounts, are transferred to the Civil Service Retirement and Disability Fund effective on the date the participant separates from the Service. (Pub. L. 96–465, title I, § 811, Oct. 17, 1980, 94 Stat. 2112; Pub. L. 100–238, title II, § 216, Jan. 8, 1988, 101 Stat. 1774.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–238 inserted last two sentences re- lating to withholding consent to retirement and to cer- tain participants who voluntarily separate from the Service before completing 5 years in the System. 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. § 4052. Mandatory retirement (a)(1) 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 Sys- tem (excluding military and naval service), and shall receive retirement benefits in accordance with section 4046 of this title. (2) Notwithstanding paragraph (1)— (A) an individual described in section 4(a)(2) of the Department of State Special Agents Re- tirement Act of 1998 who is otherwise eligible for immediate retirement under this sub- chapter; or (B) 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 re- mained 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 crimi- nal 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 re- quires, 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 em- ployee in writing of the date of separation at least 60 days before that date. Action to sepa- rate 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. (b)(1) Any participant who is otherwise re- quired to retire under subsection (a) while occu- pying a position to which he or she was ap- pointed by the President, by and with the advice and consent of the Senate, may continue to serve until that appointment is terminated. (2) 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. (3) Any participant who completes a period of service authorized by this subsection shall be re- tired at the end of the month in which such au- thorized service is completed. (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.) Editorial Notes REFERENCES IN TEXT Section 4(a)(2) of the Department of State Special Agents Retirement Act of 1998, referred to in subsec. (a)(2)(A), is section 4(a)(2) of Pub. L. 105–382, which is set out as a note under section 4044 of this title. AMENDMENTS 2022—Subsec. (a)(2)(B). Pub. L. 117–225, which directed amendment of title VIII of the Foreign Service Act of 1980 by inserting ‘‘(1)’’ after ‘‘or 8412(d)’’ in subsec. (a)(2)(B) of this section, was executed as if the amend- ment had been directed to chapter 8 of title I of the Foreign Service Act of 1980, to reflect the probable in- tent of Congress. 1998—Subsec. (a)(2). Pub. L. 105–382 amended first sen- tence generally. Prior to amendment, first sentence read as follows: ‘‘Notwithstanding paragraph (1), a For- eign Service criminal investigator/inspector of the Of- fice of Inspector General of the Agency for Inter- national Development who would have been eligible for retirement pursuant to either section 8336(c) or 8412(d) 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 that Foreign Service criminal investigator/inspector attains 57 years of age or completes 20 years of service if then over that age.’’ 1992—Subsec. (a)(2). Pub. L. 102–499 substituted ‘‘57’’ for ‘‘55’’. 1990—Subsec. (a). Pub. L. 101–513 designated existing provisions as par. (1) and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–225 effective Dec. 9, 2022, and applicable to an individual who suffers an illness or injury described in certain Code provisions on or after the date that is 2 years after Dec. 9, 2022, see section 3(f) of Pub. L. 117–225, set out as a note under section 8336 of Title 5, Government Organization and Employ- ees. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–382 effective Nov. 13, 1998, with provisions relating to applicability with respect to certain individuals, see section 4 of Pub. L. 105–382, as amended, set out as a note under section 4044 of this title.