---
kind: "section"
citation: "22 U.S.C. § 4051"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "4051"
heading: "Voluntary retirement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/22/4051"
units:
  - "Chapter 52 — Foreign Service"
  - "Subchapter VIII — Foreign Service Retirement and Disability"
  - "Part I — Foreign Service Retirement and Disability System"
---

# §4051. Voluntary retirement


Any [participant](/usc/22/4071a.md?p=5) 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](/usc/22/4071a.md?p=10) (excluding [military and naval service](/usc/22/4044.md?p=9)), may on his or her own application and with the consent of the [Secretary](/usc/22/3902.md?p=10) be retired from the Service and receive retirement benefits in accordance with [section 4046 of this title](/usc/22/4046.md). The [Secretary](/usc/22/3902.md?p=10) shall withhold consent for retirement under this section by any [participant](/usc/22/4071a.md?p=5) who has not been a member of the Service for 5 years. Any [participant](/usc/22/4071a.md?p=5) who voluntarily separates from the Service before completing 5 years in the [System](/usc/22/4071a.md?p=10) and who, on the date of separation, would be eligible for an annuity, based on a voluntary separation, under section [8336](/usc/5/8336.md) or [8338](/usc/5/8338.md) of title 5, if the [participant](/usc/22/4071a.md?p=5) had been covered under the Civil Service Retirement [System](/usc/22/4071a.md?p=10) rather than subject to this subchapter while a member of the Service, may receive an annuity under section [8336](/usc/5/8336.md) or [8338](/usc/5/8338.md), notwithstanding [section 8333(b) of title 5](/usc/5/8333.md?p=b), if all contributions transferred to the [Fund](/usc/22/4071a.md?p=2) under [section 4045(c)(1) of this title](/usc/22/4045.md?p=c-1), as well as all contributions withheld from the [participant](/usc/22/4071a.md?p=5)’s pay or contributed by the employer, and deposited into the [Fund](/usc/22/4071a.md?p=2) 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](/usc/22/4071a.md?p=2) effective on the date the [participant](/usc/22/4071a.md?p=5) separates from the Service.


## Source credit

(Pub. L. 96–465, title I, § 811, Oct. 17, 1980, 94 Stat. 2112; Pub. L. 100–238, title II, § 216, Jan. 8, 1988, 101 Stat. 1774.)

## Notes

### Editorial Notes

### Amendments

1988—Pub. L. 100–238 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 Amendment

Amendment by Pub. L. 100–238 effective 90 days after Jan. 8, 1988, see section 261(a) of Pub. L. 100–238, set out as a note under section 4054 of this title.