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: security clearance
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 senior in college and I have lined up a job as a consultant for a firm working with government agencies. They want me to fill out a SF-86 for TS/SSBI. I have used marijuana a total of five times, the last time occurring two years ago. Two years ago, I also tried mushrooms once. Lastly, I have two underage drinking tickets from 2011. I haven’t used anything…
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 hired by a federal agency last November, received my first letter of clearance denial in March 2012, and lost my final appeal in August 2012. Should the agency have asked me to sell my house and move to a different state and quit my other federal job and move here without finishing my security clearance first? I’ve lost everything as a result of one stupid thing I did…
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 U.S. Navy Petty Officer Third Class. I applied and got accepted to Navy EOD School. During my Single Scope Background Investigation, I disclosed that I experimentally tried hallucinogenic mushrooms during my divorce. Divorce and drug use happened in 2008, well before EOD SSBI. I never failed a random urine analysis, nor continued use of the substance. No one knew about it until I revealed it 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 am exploring starting my own consulting company. I currently hold a TS/SCI and would need to maintain a minimum SECRET clearance in my new role. How can I maintain my clearance without setting up a Security Office? A: Prior DOD adjudicative determinations for appointments in sensitive positions or access to classified information, including those pertaining to SCI, will be mutually and reciprocally accepted by all DOD agencies without requiring…
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 a coworker that has been caught lying by many in the office. One situation was during his hiring interview and an IG complaint was made. The second situation involved an encounter with law enforcement while on TDY and another was accusing a supervisor of discrimination and then denying that he made the accusations. This has created a hostile work environment and individuals in the office question his trustworthiness…
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 my husband and I were to sell our house in a short sale, would this have a negative impact on my ability to keep my security clearance? A: A short sale could be a factor in a security clearance adjudication, but does not necessarily mean you will lose your clearance. It depends on many other factors, including whether a short sale is being chosen to avoid financial responsibilities. Bill…
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 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…