Q & A Session – Appealing Retirement Decisions


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 retired in 2010. My agency provided me a correct annuity amount, but OPM provided a different amount. The agency and OPM each say they are correct. I have asked my Senator to submit a Congressional inquiry. Can any type of suit be brought against either agency?


You may appeal retirement questions to the Merit Systems Protection Board (MSPB). But, OPM is right, it must rely on what the agency says. If IRS;s records cannot be read, IRS should tell OPM about this. The issue you describe is one that is currently being addressed by increased communications and better record keeping from agencies to OPM. According to OPM, this is resulting in faster, more accurate processing of retirements. Maybe your claim will be affected positively by this new environment.


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

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