§ 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): (1) Upon separation from Government employment. (2) In addition to the circumstance described in paragraph (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) who retires under 28 U.S.C. 317(a) or (b) or 372(a); (ii) A bankruptcy judge or a United States magistrate judge receiving a judges' annuity under 28 U.S.C. 377; (iii) A judge of the United States Court of Federal Claims receiving an annuity or salary under 28 U.S.C. 178; and (iv) A judge of the United States Court of Veterans Appeals receiving retired pay under 38 U.S.C. 7296. (b) 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: (1) Has not separated from Government employment; and (2) Is not receiving retired pay as described in paragraph (a)(2) of this section.