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.

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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.

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?

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