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…
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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. …
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 former employee with the Postal Service, but am now working for the Veterans Administration. Will my time with the Postal Service carry over to the VA? A: Postal service time counts towards retirement. It does not count for the probationary period. Bill Bransford is managing partner of Shaw Bransford & Roth PC. Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information…
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: I received a proposed possible removal from service due to alleged misconduct. If I lose my case, what will happen to my retirement and TSP? Should I retire since I am 59 and can with less annuity? If I am removed, can I be hired by another agency? A: I can’t give you specific advice on whether to resign. If you lose your case you certainly can receive a reduced…
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 18 years of federal service and was just placed on a PIP. Will this cause me to lose my CSRS retirement? A: Your annuity is not threatened by a PIP, even if you are fired because you fail the PIP. Also, if you are fired for performance, you have enough years of service to retire and appeal to the MSPB at the same time. Bill Bransford is…
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: 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 have been working for the government for about 30 years and am 60 years old. I have been on sick leave for the past 6 months due to complications of PTSD and severe depression. I still have 3 more months of sick leave and 1 1/2 months of administrative leave left. I am currently being asked to set a date to return or start the retirement process. Can I…
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.…