22-U.S.C.-4052
§4052 – Mandatory Retirement
Pathway
Title 22 > Chapter 52 > Subchapter VIII > Part I > Section 4052
Details
- Reference: Section 4052
- Legend: §4052 – Mandatory Retirement
- USCode Year: 2013
Provision Content
(a)(1) Except as provided in subsection (b) of this section, 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) 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.
(b)(1) Any participant who is otherwise required to retire under subsection (a) of this section 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) of this section 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.)
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
1998—Subsec. (a)(2). Pub. L. 105–382 amended first sentence generally. Prior to amendment, first sentence read as follows: Notwithstanding paragraph (1), 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) 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).
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.
U.S. Encyclopedia of Law Coverage
Subchapter VIII – Foreign Service Retirement and Disability in the Legal Encyclopedia: Foreign Relations
In this entry about Subchapter VIII – Foreign Service Retirement and Disability, find legal reference material, bibliographies and premiere content related to foreign relations in the American Encyclopedia of Law, presenting a comprehensive view of the United States foreign relations-specific issues, written by authorities in the field.
22-U.S.C.-4051 in the Legal Encyclopedia: Foreign Service
In this entry about 22-U.S.C.-4051, find legal reference material, bibliographies and premiere content related to foreign service in the American Encyclopedia of Law, presenting a comprehensive view of the United States foreign service-specific issues, written by authorities in the field.
22-U.S.C.-4044 in the Legal Encyclopedia: Disabilities
In this entry about 22-U.S.C.-4044, find legal reference material, bibliographies and premiere content related to disabilities in the American Encyclopedia of Law, presenting a comprehensive view of the United States disabilities-specific issues, written by authorities in the field.
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