Q & A Session – FERS Annuity Supplement


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.


In 1999, I switched from CSRS to FERS. It was a good deal for me at the time because I was facing a possible RIF and had over 10 years remaining of government service, where I could take my federal Social Security with me into another private career. I have almost 30 years of service and will be eligible for retirement in 10 years. If Congress passes the elimination of the FERS Annuity Supplement, is that a breach of contract or otherwise illegal? Why would they do this and not Grandfather older career employees?


The FERS Annuity Supplement is not a contract, it is a statute. Theoretically, Congress could eliminate all annuity payments. It does not do this, because such action is unwise as it will have an adverse impact on recruiting and retaining a capable federal workforce.

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

Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.


About Author

1 Comment

  1. Martin Osbourne on

    I am 57 yrs. old and eligible for deferred annuity but with a 30 percent penalty. Would it be wiser to wait until I am 62 or take the money now?

Leave A Reply