Q & A Session – Forcing Retirement

1

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 for a discontinued service or early retirement.

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 and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.

Share.

About Author

1 Comment

  1. You failed to inform this person that although they can retire via a RIF He/She will lose 5% of their annuity for every year they are under a total of 85 (combined age and accountable federal service) unless they are flight controllers/firefighters and a few other (pet) jobs.

Leave A Reply