§ 4052. Mandatory retirement
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/usc/title-22/section-4052A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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 System (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 Retirement Act of 1998 who is otherwise eligible for immediate retirement under this subchapter; 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 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.
(1)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.
(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 retired at the end of the month in which such authorized 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.)
Connections28 cite this · traces to 3
Cited by 28 sections
U.S. Code
statutes-at-large
- Public Law 102–499To amend the United States Information and Educational Exchange Act of 1948, the Foreign Service Act of 1980, and other provisions of law to make certain changes in administrative authorities
- Public Law 99–335To amend title 5, United States Code, to establish a new retirement and disability plan for Federal employees, postal employees, and Members of Congress, and for other purposes
- Public Law 96–465To promote the foreign policy of the United States by strengthening and improving the Foreign Service of the United States, and for other purposes
- Public Law 105–382To amend the Foreign Service Act of 1980 to provide that the annuities of certain special agents and security personnel of the Department of State be computed in the same way as applies generally with respect to Federal law enforcement officers, and for other purposes
- Public Law 117–225To permit disabled law enforcement officers, customs and border protection officers, firefighters, air traffic controllers, nuclear materials couriers, members of the Capitol Police, members of the Supreme Court Police, employees of the Central Intelligence Agency performing intelligence activities
- Public Law 101–513Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 1991, and for other purposes
statute-compilations
bill
- Sec. 3Retirement for certain employees
- Sec. 3Retirement for certain employees
- Sec. 3Retirement for certain employees
- Sec. 3Retirement for certain employees
- Sec. 70302Retirement for certain employees
- Sec. 70302Retirement for certain employees
- Sec. 70302Retirement for certain employees
- Sec. 3Retirement for certain employees
- Sec. 3Retirement for certain employees
- Sec. 3Retirement for certain employees
- Sec. 3Retirement for certain employees
- Sec. 3Retirement for certain employees
- Sec. 3Retirement for certain employees
- Sec. 302Retirement for certain employees
- Sec. 302Retirement for certain employees
- Sec. 302Retirement for certain employees
- Sec. 302Retirement for certain employees
- Sec. 2Modification of mandatory retirement age
- Sec. 2Modification of mandatory retirement age
Traces to 3 documents
17 references not yet in our index
- Pub. L. 96–465, title I, § 812
- 94 Stat. 2113
- Pub. L. 101–513, title V, § 587(b)
- 104 Stat. 2056
- Pub. L. 102–499, § 4(c)
- 106 Stat. 3265
- Pub. L. 105–382, § 3
- 112 Stat. 3408
- Pub. L. 117–225, § 3(b)(2)(B)(ii)
- 136 Stat. 2296
- section 4(a)(2) of Pub. L. 105–382
- Pub. L. 117–225
- Pub. L. 105–382
- Pub. L. 102–499
- Pub. L. 101–513
- section 3(f) of Pub. L. 117–225
- section 4 of Pub. L. 105–382
Citation graph
cites case law
§ 4052
Mandatory retirement
Bills×19
Stat.×6
U.S.C.×2
Stat. Comp.×1
Pub. L.Pub. L. 96–465, title I, § 812
Stat.94 Stat. 2113
Pub. L.Pub. L. 101–513, title V, § 587(b)
Stat.104 Stat. 2056
Pub. L.Pub. L. 102–499, § 4(c)
Cites 20 · showing 8Cited by 28 across 4 sources