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Title 22 — Foreign Relations and Intercourse

Part I · Chapter 52 — Foreign Service

§ 4051. Voluntary retirement

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 96–465 title I § 811 · 94 Stat. 2071

    Enacted · 22 U.S.C. § 4051

    Pub. L. 96–465, title I, § 811, Oct. 17, 1980, 94 Stat. 2112

    Source evidence

    Code source credit
    Pub. L. 96–465, title I, § 811, Oct. 17, 1980, 94 Stat. 2112

    Enacted provision · exact public law section
    Sec. 811. 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 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 806.

  2. Pub. L. 100–238 title II § 216 · 101 Stat. 1744

    Inserted · 22 U.S.C. § 4051

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    SEC. 216. VOLUNTARY RETIREMENT. Section 811 of chapter 8 (22 U.S.C. 4051) is amended by adding at the end thereof the following: “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, United States Code, if the participant had been covered under the Civil Service Retirement System rather than subject to this chapter while a member of the Service, may receive an annuity under section 8336 or 8338, notwithstanding section 8333(b) of title 5, United States Code, if all contributions transferred to the Fund under section 805(c)(1) of this Act, 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 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.”.

    Effective date note
    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.

2 of 2 references resolved to an enrolled provision

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 Amendment

Amendment by Pub. L. 100–238 effective 90 days after , see section 261(a) of Pub. L. 100–238, set out as a note under section 4054 of this title.

Credits

1980–1988 · 2 acts
  1. 1980Pub. L. 96–465, title I, § 811, , 94 Stat. 2112
  2. 1988Pub. L. 100–238, title II, § 216, , 101 Stat. 1774.
Show as published

(Pub. L. 96–465, title I, § 811, , 94 Stat. 2112; Pub. L. 100–238, title II, § 216, , 101 Stat. 1774.)

Parsed from the official OLRC USLM XML in data/usc_all/usc22.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t22/s4051