5 CFR §1620.22

1. (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. (1)Upon separation from Government employment.
   2. (2)In addition to the circumstance described in paragraph (a)(1) of this section, a post-employment distribution election can be made by:
      1. (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);
      2. (ii)A bankruptcy judge or a United States magistrate judge receiving a judges' annuity under 28 U.S.C. 377;
      3. (iii)A judge of the United States Court of Federal Claims receiving an annuity or salary under 28 U.S.C. 178; and
      4. (iv)A judge of the United States Court of Veterans Appeals receiving retired pay under 38 U.S.C. 7296.
2. (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. (1)Has not separated from Government employment; and
   2. (2)Is not receiving retired pay as described in paragraph (a)(2) of this section.