§4051 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

A participant who is at least 50 years old and has 20 years of creditable service, including at least 5 years that count toward retirement under the System (not counting military or naval service), can apply to retire. If the Secretary agrees, the participant will be retired and get benefits under section 4046. The Secretary must refuse if the participant has not been a member of the Service for 5 years. If a participant leaves voluntarily before 5 years but, on the date they leave, would be eligible for an annuity under section 8336 or 8338 of title 5 had they been in the Civil Service Retirement System, they may receive that annuity. All contributions and interest moved into the Fund under section 4045(c)(1), plus all contributions withheld or paid while they were under this subchapter, must be transferred to the Civil Service Retirement and Disability Fund on the separation date; this applies despite section 8333(b) of title 5.

Title 22, §4051

Foreign Relations and Intercourse — Source: USLM XML via OLRC

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 retirement under the System (excluding military and naval service), may on his or her own application and with the consent of the Secretary be retired 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 separates from the Service before completing 5 years in the System and who, on the date of separation, would be eligible for an annuity, based on a voluntary separation, under section 8336 or 8338 of title 5, if the participant had been covered 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 section 8333(b) of title 5, if all contributions transferred 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 subchapter, 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Pub. L. 100–238 inserted last two sentences relating to withholding consent to retirement and to certain participants who voluntarily separate from the Service before completing 5 years in the System.

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 AmendmentAmendment 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.

§4051 Voluntary retirement