§2055 — Title 50 War and National Defense | U.S. Code

Summary

The Director may put an employee covered by this retirement system into retired status if the employee has at least 10 years with the Agency and either has 25 or more years of service, or is at least 50 years old with 20 or more years of service. Employees must retire automatically at age 65 if they are Senior Intelligence Service level 4 or higher, and at age 60 for all other employees. The retirement takes effect on the last day of the month they reach that age. The Director can delay the mandatory retirement date for up to 5 years if it is in the public interest. Employees retired under these rules get retirement benefits as described in section 2031.

Title 50, §2055

War and National Defense — Source: USLM XML via OLRC

(a)(1)The Director may, in the Director’s discretion, place in a retired status any participant in the system described in paragraph (2).

(2)Paragraph (1) applies with respect to any participant who has not less than 10 years of service with the Agency and who—

(A)has completed at least 25 years of service; or

(B)is at least 50 years of age and has completed at least 20 years of service.

(b)(1)A participant in the system shall be automatically retired from the Agency—

(A)upon reaching age 65, in the case of a participant in the system who is at the Senior Intelligence Service rank of level 4 or above; and

(B)upon reaching age 60, in the case of any other participant in the system.

(2)Retirement under paragraph (1) shall be effective on the last day of the month in which the participant reaches the age applicable to that participant under that paragraph.

(3)In any case in which the Director determines it to be in the public interest, the Director may extend the mandatory retirement date for a participant under this subsection by a period of not to exceed 5 years.

(c)A participant retired under this section shall receive retirement benefits in accordance with section 2031 of this title.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 235 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1049; Ex. Ord. No. 12443, § 13, Sept. 27, 1983, 48 F.R. 44754; Pub. L. 99–335, title V, § 501(2), June 6, 1986, 100 Stat. 622; Pub. L. 102–183, title III, § 307, Dec. 4, 1991, 105 Stat. 1265, related to mandatory retirement and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Amendments

2010—Subsec. (b)(1)(A). Pub. L. 111–259 substituted “who is at the Senior Intelligence Service rank” for “receiving compensation under the Senior Intelligence Service pay schedule at the rate”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2055 Mandatory Retirement