Q: If a 17-year 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…
Browsing: Retirement
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. …
There is still a material misunderstanding among even the most long-term and knowledgeable federal workers that they could lose their retirement (annuity) if they are fired, and so they think they must resign or retire before being fired to preserve their retirement benefits. Wrong. Here’s how I hear it generally plays out. A federal employee is told by human resource and/or management that a proposed removal is about to issue and that he/she could resign to avoid being fired for cause. Sure that’s true, and doing so (resigning) has very little practical value, but that’s for another column. Somehow, the…
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…
Q: In November 2013, I sent my local US Representative a Privacy Act Release and with a letter, I asked him to send to OPM for a letter regarding my retirement. I did not receive a response to that letter. I subsequently sent him additional letters to send OPM. In these letters to OPM, I specifically stated for them to send all correspondences to me regarding my retirement. I had been trying to get OPM to issue decisions on the type of retirement and other annuity issues. I know once you received a decision from OPM you only have 30…
Q: Can a CSRS retiree lose his or her annuity if they start using medical marijuana under the supervision of a neurologist in Colorado where medical marijuana is legal? A: No, a retired federal employee receiving an annuity cannot lose that annuity because of marijuana use. You may be worried about the possibility of losing your annuity because although some marijuana use is legal in Colorado, the federal government views your medicinal use of marijuana to be unlawful. However, there is no real risk to your previously earned annuity. Use of marijuana is not codified in federal statute as a…