Q & A Session – DSR in Probationary Position


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 a federal employee who is over 50 years old and has more than 20 years with the federal government. Can I qualify for a Discontinued Service Retirement if I received an unacceptable performance rating and they attempt removal from an agency and job where I was under probation as a new employee with less than one year in that job?


Your probationary status does add a complication to what would normally be a routine discontinued service retirement. OPM will make the final call, but so long as your dismissal papers reflect unsatisfactory performance and no misconduct, I believe OPM will be favorably inclined to your DSR.

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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