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 someone has been with the government for over 25 years but is only in his or her late forties, can the government force the employee to retire due to cut backs in positions? A: No one can make you retire. However, it is possible that your position can be abolished, which could subject you to release based on a reduction-in-force. If you are RIFFED, your service makes you eligible…
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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: My father passed away last year without picking a beneficiary for his pension. My mother recently received a letter stating that she would not receive his pension since he did not designate her as the beneficiary. Shouldn’t she be receiving his pension? A: If your parents were married when your father retired, he cannot simply abandon your mother by signing away her survivor rights unless he had her written consent…
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…
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: My brother is a federal retiree. He is currently serving time in prison for a crime he committed before he was a federal employee and the conviction was not related to his federal service. Will the felony conviction affect his retirement pay? A: Assuming your brother is already retired, the conviction will not affect retirement eligibility. Federal employees lose their retirement when convicted of offenses such as treason, espionage, sabotage…
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: An employee has a medical condition that prevents him from doing his job which requires heavy lifting and a lot of walking. What are his options? A: Under the Rehabilitation Act, or the Americans With Disabilities Act as applied to federal employees, federal employers are obligated to provide a reasonable accommodation for an employee with a disability, if requested, so long as the accommodation does not pose an undue hardship…
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: My supervisor and manager are pressuring me to provide my anticipated retirement date. They have not authorized my attendance at a retirement course, so I do not want to provide the date. Do they have the authority to require me to answer this question? A: Your supervisor and his manager may ask you about your anticipated retirement date. You do not have to answer, and if you do, most of…