Q: If a 17 yr. vested federal law enforcement officer has his TS security clearance revoked and in turn is terminated, does he still get his retirement at 62?
A: In most circumstances, yes. Termination from federal employment does not affect an employee’s annuity or retirement pay. However, a federal employee loses his or her annuity if he or she is convicted of certain crimes codified in 5 U.S.C. § 8312. These crimes are narrowly tailored, concerning acts of disloyalty to the United States. For example, 5 U.S.C. § 8312 lists the crimes of treason, sabotage, espionage, and insurrection.
This case law update was written by Michael J. Sgarlat, associate attorney, Shaw Bransford & Roth, PC.
For thirty years, Shaw Bransford & Roth P.C. has provided superior representation on a wide range of federal employment law issues, from representing federal employees nationwide in administrative investigations, disciplinary and performance actions, and Bivens lawsuits, to handling security clearance adjudications and employment discrimination cases
