Monthly Archives: March, 2014

No 'high times' for federal employees

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With the legalization of marijuana for recreational use by the states of Colorado and Washington, and the growing number of states (and the District of Columbia) that have legalized the drug for medical purposes, there’s discussion among the federal workforce wondering how this affects them. What I typically hear is: “if it’s legal for me to smoke marijuana on vacation in Colorado, how can the federal government come after me for it?” The answer is quite simple. Since 1970, marijuana has been a Schedule I substance under the federal Controlled Substances Act and it remains so today. That means any…

Q & A Session: Precluding Retirement to Prevent Annuity Apportionment

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Q: Can a federal employee preclude retirement when they reach the maximum retirement percentage in order to prevent a former spouse from receiving their court ordered annuity apportionment? A: Yes, if you keep working, then you will not be a retiree, and thus will not receive an annuity.  If you are not receiving an annuity, then your former spouse will not receive the court ordered portion of the annuity.  Unless you are in a position which has a mandatory retirement age, you can continue to work even after you “max out.”  However, you should keep in mind that court orders…

Q & A Session: Non-Supervisory Billet from Permanent Supervisory Billet

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Q: Can a federal employee assigned to a permanent supervisory billet be re-assigned to a non-supervisory permanent billet without any disciplinary or adverse action? A: Assuming that you maintain the same grade and were not demoted, then yes.  Your employing Agency has broad discretion to place you where you best fit its needs, so long as that is not for any illegal reason, such as whistleblower reprisal or discrimination. This response is written by Michael S. Causey, associate attorney of Shaw Bransford & Roth PC, a federal employment law firm. Disclaimer: Ask a Lawyer publishes information on this website for informational…