Ask The Lawyer

By Debra Roth

Q & A Session – Possible Involuntary Separation Due to Reorganization

Bookmark and Share

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:

What are the rules and regulations regarding an organization doing a major reorganization with the possibility of involuntary separation? What are my rights? If I am 50 with over 30 years of experience, should I retire now or find another job until I reach age 55? If my job is abolished under CSRS, would I receive a 2 percent penalty each year until I reach 55?

A:

You ask a lot of questions! And they are good ones. If, as a result of a reduction-in-force or a job abolishment, you are separated or reduced in grade more than five grade levels you qualify for discontinued service, or early retirement. Under CSRS, you do have the 2 percent reduction in your annuity for each year under the age of 55. You have reached your high three; it just may not be the high three you would like to have. Whether you retire now or keep working depends on your personal circumstances, such as whether you could do something outside of the government. I suggest you obtain financial advice on the options you have.

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.

Tags: , , , , ,

Q & A Session – Annual Leave as Lump Sum

Bookmark and Share

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:

After an involuntary separation, I wanted to use annual leave for my last five weeks after my last day on the job. However, I wanted my annual leave spread out, rather than in a lump sum to preserve my health benefits for as long as possible and extend my service for retirement purposes. Is there a rule that says you have to have a lump sum or can I have it spread out over weeks?

A:

You can take annual leave for your last five weeks, if the leave is approved. If the leave is not approved, you are stuck with the lump sum payment.

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.

 

Tags: ,