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: Are FERS annuity retirement benefits subject to garnishment by the state court as a result of a civil verdict? A: That depends on the type of civil lawsuit. Generally, FERS benefits may not be garnished by state courts. This is explained by Title 5 of the Code of Federal Regulations, Part 838. There is an important exception to this rule though. Title 5 of the Code of Federal Regulations, Parts…
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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: A few years ago OPM erroneously disbursed a refund to me for retirement contributions in the 1980s when I transferred from CSRS to FERS. After an audit, I set up a payment plan via withholding from my FERS retirement annuity. From the forms I received, it appears almost 75 percent of the payback funds are repaying interest from the “taxable amount” portion of my annuity. I believe that the interest…
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 55 years old and have worked in the government under FERS for 25 years. I would like to end my government service. My security clearance is due and if I don’t submit it, would I be fired voluntarily or involuntarily. How would this affect my retirement? A: No. You would most likely be fired for failing to meet an expectation of your job, i.e., filing the update forms…
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 a CSRS employee and looking to retire next year. I am divorced and wanted to know how to find out if I have any court judgments filed against my federal retirement? A: A court order can allocate a retirement benefit from the Civil Service Retirement System (CSRS) or Federal Employees Retirement System (FERS) as a result of a divorce. The court order must expressly direct the U. S.…
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 a federal employee who has worked for the government for over 20 years loses his or her security clearance and is forced to leave the position, will the employee lose his or her FERS or CSRS annuity? A: No, not necessarily. The only basis for a federal employee to lose an annuity is a conviction for crimes related to treason, espionage or sabotage. The simple loss of a clearance,…
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 have been notified that OPM made an overpayment to my FERS retirement. How do I know if I was actually overpaid and how do I fill out the financial questionnaire that was sent to me? A: I cannot answer your question with the information provided. OPM will attempt to recover erroneous payments. I do not know if OPM’s calculations are correct. The financial information request is most likely to…