Q: I am CSRS, FAA, 55, and fully eligible to retire. If there were to be a memo proposing disciplinary action (something serious like an adverse action as a huge suspension or removal), is there anything that prevents me from just retiring at that time? Or can my retirement papers be denied and I get fired? I have no disciplinary past.
A: A proposal to suspend or remove a federal employee is just that: a proposal. The agency is required to grant the employee a reasonable amount of time to respond, both in writing and orally, to the proposal, and may not make a decision before hearing these replies, or before the time allowed to respond expires. If an employee, after receiving a proposed suspension or removal, decides he or she would rather retire than respond to the proposal, then there is nothing preventing the employee from doing so, as long as the employee meets the eligibility requirements for retirement.
his response is written by Conor D. Dirks, associate attorney at Shaw Bransford & Roth P.C., a federal employment law firm.
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3 Comments
Keep in mind, if you receive a proposal to have disciplinary action against you and then resign / retire in lieu of being disciplined, the agency is required to note that on your separation SF-50.
From GPPA Ch. 30:
(2) When the retirement application is submitted after the employee has received written notice of a proposed or pending disciplinary or adverse action, the agency must list that action as its finding. Use the remarks in Tables 30-B and 30-C.
Ref http://www.opm.gov/policy-data-oversight/data-analysis-documentation/personnel-documentation/processing-personnel-actions/gppa30.pdf
additional questions… to the question asked of federal removal vs immediate or in lieu of ‘ your answer if indeed the federal employee was to elect retirement as opposed to a proposed removal will he/she also be entitled to all that is inclusive besides the pension and any federal ira such as TSP. and any accrued annual and sick lv that is used for payout or total time used for total service time.i believe so.. since it is considered accrued pay earned’ but what about the life ins and health ins. i know the health is not for life but other federal laws state anyone shall be afforded the right to continue health benefits under the cobra act regardless how they left employment does this not stand?and federal life ins program? is it not a monthly pay-into elective that also is considered an earned commodity that shall not be denied?
your expertise comments on these additional matters greatly appreciated..
followup questions. the question asked of federal removal vs immediate or in lieu of ‘ your answer if indeed the federal employee was to elect retirement as opposed to a proposed removal will he/she also be entitled to all that is inclusive besides the pension and any federal ira such as TSP. and any accrued annual and sick lv that is used for payout or total time used for total service time.i believe so.. since it is considered accrued pay earned’ but what about the life ins and health ins. i know the health is not for life but other federal laws state anyone shall be afforded the right to continue health benefits under the cobra act regardless how they left employment does this not stand?and federal life ins program? is it not a monthly pay-into elective that also is considered an earned commodity that shall not be denied?
your expertise comments on these additional matters greatly appreciated..