§ 8335.
(b)
(1)
A law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer who is otherwise eligible for immediate retirement under section 8336(c) shall be separated from the service on the last day of the month in which that officer, firefighter, or courier, as the case may be, becomes 57 years of age or completes 20 years of service if then over that age. The head of the agency, when in his judgment the public interest so requires, may exempt such an employee from automatic separation under this subsection until that employee becomes 60 years of age. The employing office shall notify the employee in writing of the date of separation at least 60 days in advance thereof. Action to separate the employee is not effective, without the consent of the employee, until the last day of the month in which the 60-day notice expires.
(2)
In the case of employees of the Federal Bureau of Investigation, the second sentence of paragraph (1) shall be applied by substituting “65 years of age” for “60 years of age”. The authority to grant exemptions in accordance with the preceding sentence shall cease to be available after December 31, 2011.
([Pub. L. 89–554], Sept. 6, 1966, [80 Stat. 571]; [Pub. L. 92–297, § 4], May 16, 1972, [86 Stat. 144]; [Pub. L. 93–350, § 4], July 12, 1974, [88 Stat. 356]; [Pub. L. 95–256, § 5(c)], Apr. 6, 1978, [92 Stat. 191]; [Pub. L. 96–70, title III, § 3302(e)(3)], Sept. 27, 1979, [93 Stat. 498]; [Pub. L. 96–347, § 1(b)], Sept. 12, 1980, [94 Stat. 1150]; [Pub. L. 101–428, § 2(b)(1)(A)], (2), Oct. 15, 1990, [104 Stat. 928]; [Pub. L. 101–509, title V, § 529 [title IV, § 409(a)]], Nov. 5, 1990, [104 Stat. 1427], 1468; [Pub. L. 102–378, § 2(60)], Oct. 2, 1992, [106 Stat. 1354]; [Pub. L. 103–283, title III, § 307(a)], July 22, 1994, [108 Stat. 1441]; [Pub. L. 105–261, div. C, title XXXI, § 3154(d)], Oct. 17, 1998, [112 Stat. 2255]; [Pub. L. 106–553, § 1(a)(2) [title III, § 308(b)(2)]], Dec. 21, 2000, [114 Stat. 2762], 2762A–87; [Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 141(a)]], Dec. 21, 2000, [114 Stat. 2763]