Ask The Lawyer

By Debra Roth

Q & A Session – Retiring Through Discontinued Service

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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:

I am 57 years old with 30 years of federal service. I was placed on a PIP for receiving a rating of “1” on one of five critical elements. There is now a proposal to remove me from federal service. I have a hearing scheduled; if removed, will I be eligible to retire through discontinued service?

A:

Yes, provided you are removed under authority of Chapter 43 of the Civil Service Reform Act, you may retire with 25 years of service at any age or 20 years if you are over the age of 50. 

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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Comments

  1. Pat M Says:
    August 20th, 2013 at 5:26 pm

    He should be eligible to file for immediate retirement under MRA+30. That way, he doesn’t have to go through the painful removal process and hope they get his DSR right.