Ask The Lawyer

By Debra Roth

Q & A Session – Forcing Retirement

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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:

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.

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Comments

  1. twpval Says:
    January 1st, 2011 at 10:30 am

    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.