
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC4052]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                       CHAPTER 52--FOREIGN SERVICE
 
       SUBCHAPTER VIII--FOREIGN SERVICE RETIREMENT AND DISABILITY
 
        Part I--Foreign Service Retirement and Disability System
 
Sec. 4052. Mandatory retirement

    (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, Sec. 812, Oct. 17, 1980, 94 Stat. 2113; Pub. 
L. 101-513, title V, Sec. 587(b), Nov. 5, 1990, 104 Stat. 2056; Pub. L. 
102-499, Sec. 4(c), Oct. 24, 1992, 106 Stat. 3265; Pub. L. 105-382, 
Sec. 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 4046, 4071d of this title; 
title 5 section 3323.
