Q & A Session – Early Retirement and Security Clearance Renewal


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 am 55 years old and have worked in the government under FERS for 25 years. I would like to end my government service. My security clearance is due and if I don’t submit it, would I be fired voluntarily or involuntarily. How would this affect my retirement?


No. You would most likely be fired for failing to meet an expectation of your job, i.e., filing the update forms for your clearance. That is a very different posture than being fired for loss of a clearance, which could, in the absence of accompanying misconduct, justify an early retirement under discontinued service retirement rules.

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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