Q & A Session – Appealing to MSPB after Discontinued Service Retirement


Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.


I received a notice of proposed removal for poor performance after a PIP, however, I was informed that I meet basic eligibility for discontinued service retirement. If I elect to retire under discontinued service, do I give up my right to file an appeal with MSPB?


An employee who is separated for poor performance after a PIP under the procedures on chapter 43 of Title 5 is entitled to an appeal at the MSPB. Such an employee who is also over 50 years old and who has 20 years of service or who is any age with 25 years of service is also eligible for discontinued service retirement. The retirement does not waive the appeal rights.

Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.

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About Author

Debra Roth

Debra L. Roth is a partner at the law firm Shaw Bransford & Roth, a federal employment law firm in Washington, D.C. She is general counsel to the Senior Executives Association and the Federal Managers Association, host of the “FEDtalk” program on Federal News Radio, and a regular contributor to Federal News Radio’s “Federal Drive” morning show. Email your legal questions to lawyer@federaltimes.com.

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