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. Q: My brother passed away in 2010. He was a federal employee. He was divorced in 1993 but never changed his beneficiary. At the time of his death, his ex-wife was still listed as the beneficiary for his pension. In the divorce degree both parties signed away any right to retirement benefits. When my brother passed away, his ex-wife agreed that she had no claim to the pension and submitted a…

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. Q: Regarding the bill that passed the House that eliminates completely the social security supplement from the FERS retirement for retirements after 1/1/2013: Is this really legal – eliminating a benefit already earned in theory for 21 years of my career?   I can see the point going forward in eliminating it, but I already have 21 years of federal service and it seems to me that was part of the overall…

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. Q: I would like to know if Congress passes a bill to eliminate the FERS Special Supplement Annuity beginning in Jan 2013 without grandfathering current employees in, will I have a chance to change back to the CRS retirement system due to my circumstances.  I was originally covered under CSR retirement system.  In 1988, the government gave employees under CSRS with less than five years an opportunity to change over to…

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. Q: I am a career-conditional probationary employee with veteran status. I am pending a move of my position, supposedly a management-directed reassignment (MDR), to another facility approximately 50 miles away as part of transformation efforts. The move date I was given three weeks ago is about 3-4 weeks away. I continue to be told they are working on MDR letters, but my supervisor who is disillusioned with my command states I…

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. Q: I am currently going through an appeal with the Merit Systems Protection Board. I understand that I am not allowed a lawyer, but why are they allowed to be represented by one? I have an ill-trained union representative, and they have a JAG lawyer. A: You are allowed a lawyer, you just have to pay for it. You are not entitled to representation at government expense unless you win your…

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. Q: I have had managers and co-workers complain that employees that have called off Intermittent Family Leave and Medical Act (FMLA) or are on a Straight/Continuous FMLA posting on Facebook that they are shopping, going to the gym, out partying, on vacation, drinking, or “pulled one over on the boss” on their Facebook pages. If they are on an approved FMLA and have provided appropriate medical documentation under the employer’s FMLA…

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. Q: I have two questions: I am a civilian who works for the U.S. Army. Recently, one of my leaders told some of us that he expects managers and supervisors to work off the clock, if needed, to get the job done and that he was not going to authorize overtime or comp time. Is this legal? If a blow the whistle to the Inspector General concerning some organizational practices that…

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. Q: My organization is considering requiring GS-2210s to obtain Microsoft certifications. Their plan is to pay for the certifications. Can they do this? The 2210s do common IT work that is found throughout the Department of Defense (DOD). Neither DOD or the Air Force currently requires Microsoft certifications. My understanding is that, if you do specialized work that is critical in nature, you can be required to have certification, but you…

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. Q: I am temporarily stationed for duty in North Carolina. Previously, I was temporarily assigned to a duty station in Kuwait. Even though I am on a temporary assignment, I have been ordered to occasionally travel. I believe I am eligible for compensatory time when I travel, is that correct? A: Your assumption is correct if your travel otherwise makes you eligible to receive compensatory time. Under 5 C.F.R. §550.1404, it…

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. Q: Can a fire lookout be considered a duty station? How many times can a duty station be changed in a year? When I work at a work center early season, I am not paid mileage or per diem. Then, when I go to the lookout, I am told that it is my duty station. I believe my duty station changes so I will not be paid per diem or mileage.…