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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 22 U.S.C. § 4051 Voluntary retirement us united_states_code code_section 22 FOREIGN RELATIONS AND INTERCOURSE 52 FOREIGN SERVICE 4051 22 U.S.C. § 4051 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc22@119-100.zip /us/usc/t22/s4051 data/legal/raw/us/code/title-22/usc22.xml 9a6b597a5108869c7a7018d3745c99bca4da163e20c638bc17ee0c71340a4a15 b9c63ede722f5e0bf8eabfe9029e06e312ab9bcfd95c4d1424ed515baff1df83 0f8b3930cd5a80b012feda6c11278e42410fac759719f283916dbe22cdd0e89b 2026-07-04 official
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22 U.S.C. § 4051 - Voluntary retirement

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 participants 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.

(Pub. L. 96465, title I, § 811, Oct. 17, 1980, 94 Stat. 2112; Pub. L. 100238, title II, § 216, Jan. 8, 1988, 101 Stat. 1774.)

Notes

Editorial Notes

Amendments1988—Pub. L. 100238 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. 100238 effective 90 days after Jan. 8, 1988, see section 261(a) of Pub. L. 100238, set out as a note under section 4054 of this title.