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. Q: I am 57 years old with 30 years of federal service. I was placed on a PIP for receiving a rating of “1” on one of five critical elements. There is now a proposal to remove me from federal service. I have a hearing scheduled; if removed, will I be eligible to retire through discontinued service? A: Yes, provided you are removed under authority of Chapter 43 of the Civil…
Browsing: discontinued service retirement
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. Q: What are the rules and regulations regarding an organization doing a major reorganization with the possibility of involuntary separation? What are my rights? If I am 50 with over 30 years of experience, should I retire now or find another job until I reach age 55? If my job is abolished under CSRS, would I receive a 2 percent penalty each year until I reach 55? A: You ask a…
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. Q: If you retire under discontinued service, can you apply for unemployment? A: No. Bill Bransford is managing partner of Shaw, Bransford & Roth, PC. Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice…
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. Q: I am over 50 years old and have over 28 years of federal service. I filed an age discrimination complaint and a second complaint due to a hostile work environment. I settled with the agency and among the terms, I was to present paperwork to end my career within two days of signing the agreement and the separation would be via CSRS Discontinued Service Retirement. After signing the agreement, the…
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. Q: Does someone qualify for discontinued service retirement under FERS if they lose their security clearance and have over 20 years of experience, and are over 50 years old under FERS? A: Yes. A loss of a security clearance alone, that is unaccompanied by job-related misconduct, can be a basis for discontinued service retirement if the loss of a security clearance also results in the loss of a federal job. …
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. Q: I received a notice of proposed removal for poor performance after a PIP, however, I was informed that I meet basic eligibility for discontinued service retirement. If I elect to retire under discontinued service, do I give up my right to file an appeal with MSPB? A: An employee who is separated for poor performance after a PIP under the procedures on chapter 43 of Title 5 is entitled to…
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. Q: I was a federal employee for 11 years and had an on the job injury in 2003. For the past year, I have not been working due to the reoccurrence of my injury. Would you suggest an early out or disability retirement? If I selected an early out, would this relieve the government of future medical responsibilities? A: Unless you have other federal service, you do not appear to meet…