§ 4052. Mandatory retirement

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. 1980

   Pub. L. 96–465 title I § 812 · 94 Stat. 2071

   Enacted · 22 U.S.C. § 4052

   Pub. L. 96–465, title I, § 812, Oct. 17, 1980, 94 Stat. 2113

   Source evidence

   Code source credit
   Pub. L. 96–465, title I, § 812, Oct. 17, 1980, 94 Stat. 2113

   Enacted provision · exact public law section
   Sec. 812. Mandatory Retirement.— (a) Except as provided in 22 USC 4052. 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 806. (b) (1) Any participant who is otherwise required to retire under Presidential appointment, termination. 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.

2. 1990

   European Bank for Reconstruction and Development Act

   Pub. L. 101–513 title V § 587(b) · 104 Stat. 1979

   1. Amended · 22 U.S.C. § 4052(a)

      Pub. L. 101–513 designated existing provisions as par. (1)

   2. Added · 22 U.S.C. § 4052(a)

      Pub. L. 101–513 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–513 designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   (b) Section 812 of the Foreign Service Act of 1980 is amended— (1) by inserting “(1)” after “(a)”; and (2) by adding the following new paragraph: “(2) 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, United States Code, 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 55 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.”.

3. 1992

   Pub. L. 102–499 § 4(c) · 106 Stat. 3264

   Substituted · 22 U.S.C. § 4052(a)(2)

   Pub. L. 102–499 substituted “57” for “55”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 102–499 substituted “57” for “55”.

   Enacted provision · exact public law section
   (c) Mandatory Retirement.— Section 812(a)(2) of the Foreign Service Act of 1980 (22 U.S.C. 4052(a)(2)) is amended in the first sentence by striking “55” and inserting “57”.

4. 1998

   Department of State Special Agents Retirement Act of 1998

   Pub. L. 105–382 § 3 · 112 Stat. 3406

   Amended · 22 U.S.C. § 4052(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   SEC. 3. MANDATORY SEPARATION OF SPECIAL AGENTS. The first sentence of section 812(a)(2) of the Foreign Service Act of 1980 (22 U.S.C. 4052(a)(2)) is amended to read as follows: “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 chapter; 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, United States Code, 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.”.

5. 2022

   First Responder Fair Return for Employees on Their Initial Retirement Earned Act

   Pub. L. 117–225 § 3(b)(2)(B)(ii) · 136 Stat. 2293

   Inserted · 22 U.S.C. § 4052(a)(2)(B)

   Pub. L. 117–225, which directed amendment of title VIII of the Foreign Service Act of 1980 by inserting “(1)” after “or 8412(d)” in subsec. (a)(2)(B) of this section, was executed as if the amendment had been directed to chapter 8 of title I of the Foreign Service Act of 1980, to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (a)(2)(B). Pub. L. 117–225, which directed amendment of title VIII of the Foreign Service Act of 1980 by inserting “(1)” after “or 8412(d)” in subsec. (a)(2)(B) of this section, was executed as if the amendment had been directed to chapter 8 of title I of the Foreign Service Act of 1980, to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (ii) in section 812(a)(2)(B) (22 U.S.C. 4052(a)(2)(B)), by inserting “(1)” after “or 8412(d)”.

   Effective date note
   Amendment by Pub. L. 117–225 effective Dec. 9, 2022, and applicable to an individual who suffers an illness or injury described in certain Code provisions on or after the date that is 2 years after Dec. 9, 2022, see section 3(f) of Pub. L. 117–225, set out as a note under section 8336 of Title 5, Government Organization and Employees.

6 of 6 references resolved to an enrolled provision