Ask The Lawyer

By Debra Roth

Q & A Session: Performance Ratings and Retirement

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Q:

Can a federal employee retire having had an unacceptable performance rating at the time of retirement?

A:

Yes, so long as a federal employee meet requirements of whichever retirement mechanism applies to him or her, the employee can retire having an unacceptable performance rating at the time of retirement.

Keep in mind, if you receive an unacceptable rating at the end of your performance improvement plan (PIP) and you subsequently receive a proposed personnel action (i.e. proposed removal or proposed demotion) because of any alleged poor performance, you can resign but the SF-50 memorializing your separation from the federal service will be coded to indicate you separated in lieu of an involuntary action.

This response is written by James P. Garay Heelan, associate attorney of Shaw Bransford & Roth P.C., a federal employment law firm.

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