Section 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.64 FR 31057, June 9, 1999, as amended at 70 FR 32213 , June 1, 2005; 87 FR 31679 , May 24, 2022