§1620.22. Withdrawals.
5 C.F.R. § 1620.22
Post-employment distribution. An individual covered under this subpart can make a post-employment distribution election described at 5 U.S.C. 8433(b):
Upon separation from Government employment.
In addition to the circumstance described in paragraph (a)(1) of this section, a post-employment distribution election can be made by:
A justice or judge of the United States (as defined in 28 U.S.C. 451) who retires under 28 U.S.C. 317(a) or (b) or 372(a);
A bankruptcy judge or a United States magistrate judge receiving a judges' annuity under 28 U.S.C. 377;
A judge of the United States Court of Federal Claims receiving an annuity or salary under 28 U.S.C. 178; and
A judge of the United States Court of Veterans Appeals receiving retired pay under 38 U.S.C. 7296.
In-service withdrawals. An individual covered under this subpart can request an in-service withdrawal described at 5 U.S.C. 8433(h) if he or she:
Has not separated from Government employment; and
Is not receiving retired pay as described in paragraph (a)(2) of this section.
Notes, amendments, and revision history
Amendments
[64 FR 31057, June 9, 1999, as amended at 70 FR 32213, June 1, 2005; 87 FR 31679, May 24, 2022]
Authority
Authority: 5 U.S.C. 8474(b)(5) and (c)(1). Subpart C also issued under 5 U.S.C. 8440a(b)(7), 8440b(b)(8), and 8440c(b)(8). Subpart D also issued under sec. 1043(b) of Pub. L. 104-106, 110 Stat. 186, and sec. 7202(m)(2) of Pub. L. 101-508, 104 Stat. 1388. Subpart E also issued under 5 U.S.C. 8432b(1) and 8440e.
Source
Source: 64 FR 31057, June 9, 1999, unless otherwise noted.
Amendments
[64 FR 31057, June 9, 1999, as amended at 70 FR 32213, June 1, 2005; 87 FR 31679, May 24, 2022]