---
kind: "section"
citation: "5 C.F.R. § 1620.22"
title: "5"
number: "1620.22"
heading: "Withdrawals."
url: "https://uscodex.org/cfr/5/1620.22"
---

# §1620.22. Withdrawals.

- (a) **Post-employment distribution.** An individual covered under this subpart can make a post-employment distribution election described at [5 U.S.C. 8433(b)](/usc/5/8433.md?p=b):
  - (1) **Upon separation from Government employment.**
  - (2) In addition to the circumstance described in [paragraph (a)(1)](#a-1) of this section, a post-employment distribution election can be made by:
    - (i) A justice or judge of the United States (as defined in [28 U.S.C. 451](/usc/28/451.md)) who retires under 28 U.S.C. [317(a)](/usc/28/317.md?p=a) or [(b)](/usc/28/317.md?p=b) or [372(a)](/usc/28/372.md?p=a);
    - (ii) A bankruptcy judge or a United States magistrate judge receiving a judges' annuity under [28 U.S.C. 377](/usc/28/377.md);
    - (iii) A judge of the United States Court of Federal Claims receiving an annuity or salary under [28 U.S.C. 178](/usc/28/178.md); and
    - (iv) A judge of the United States Court of Veterans Appeals receiving retired pay under [38 U.S.C. 7296](/usc/38/7296.md).
- (b) **In-service withdrawals.** An individual covered under this subpart can request an in-service withdrawal described at [5 U.S.C. 8433(h)](/usc/5/8433.md?p=h) if he or she:
  - (1) Has not separated from Government employment; and
  - (2) **Is not receiving retired pay as described in paragraph (a)(2) of this section.**

## Notes

### 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]