By Bill Bransford
Q & A Session – Postal Service Time to VA
August 25th, 2011 | Uncategorized
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 a former employee with the Postal Service, but am now working for the Veterans Administration. Will my time with the Postal Service carry over to the VA?
A:
Postal service time counts towards retirement. It does not count for the probationary period.
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: Probationary Period, retirement
Q & A Session – Possible Involuntary Separation Due to Reorganization
August 5th, 2011 | Uncategorized
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: CSRS, discontinued service retirement, grade reduction, involuntary separation, reduction in force, retirement
Q & A Session – Proposed Removal
April 11th, 2011 | Uncategorized
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 received a proposed possible removal from service due to alleged misconduct. If I lose my case, what will happen to my retirement and TSP? Should I retire since I am 59 and can with less annuity? If I am removed, can I be hired by another agency?
A:
I can’t give you specific advice on whether to resign. If you lose your case you certainly can receive a reduced annuity if you are eligible for it. Your annuity and TSP will not be adversely affected. There is no ban to another agency hiring you, but since you are required to disclose the removal, it may be uphill sledding to get another agency to actually offer you a job.
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: misconduct, proposed removal, retirement, TSP
Q & A Session – Losing Retirement Because Placed on a PIP
April 7th, 2011 | Uncategorized
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 have 18 years of federal service and was just placed on a PIP. Will this cause me to lose my CSRS retirement?
A:
Your annuity is not threatened by a PIP, even if you are fired because you fail the PIP. Also, if you are fired for performance, you have enough years of service to retire and appeal to the MSPB at the same time.
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: CSRS, PIP, retirement
Q & A Session – Discontinued Service Retirement in a Settlement Agreement
March 15th, 2011 | Uncategorized
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 over 50 years old and have over 28 years of federal service. I filed an age discrimination complaint and a second complaint due to a hostile work environment. I settled with the agency and among the terms, I was to present paperwork to end my career within two days of signing the agreement and the separation would be via CSRS Discontinued Service Retirement. After signing the agreement, the agency informed me that OPM may not accept the paperwork for the discontinued service retirement and management does not want me to return to work. Now the agency is presenting a new settlement agreement with different terms. Can the agency not process the retirement if it was included in an EEO settlement? Can the agreement be rescinded by the agency if it was signed?
A:
Without specifically reviewing the settlement agreement and the strength of any underlying evidence against you, I cannot comment on the validity of what has happened. I do know that your agency does not offer discontinued service retirement. That comes from OPM. Usually, OPM will not grant a discontinued service retirement if a separation is pursuant to a settlement agreement. These are all complex issues and you should consult with an attorney so that you can decide what is best for you.
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: discontinued service retirement, retirement, settlement agreement
Q & A Session – Repayment of Funds Received in Error
March 15th, 2011 | Uncategorized
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:
A few years ago OPM erroneously disbursed a refund to me for retirement contributions in the 1980s when I transferred from CSRS to FERS. After an audit, I set up a payment plan via withholding from my FERS retirement annuity. From the forms I received, it appears almost 75 percent of the payback funds are repaying interest from the “taxable amount” portion of my annuity. I believe that the interest portion should not be subject to income taxes and should not be included in the “taxable amount” box on the form. Is this accurate? Can you return untaxed funds with untaxed money?
A:
I do not know how or why you did not pay tax on the interest. Based on my understanding of the Internal Revenue Code, you should have. I recommend that you consult a tax professional for the more specific answer you are seeking. If you choose not to consult an attorney, be careful of what you tell the IRS. You could end up with a big penalty and interest payments for not earlier paying tax on the interest.
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: FERS, interest, repayment, retirement
Q & A Session – Forced Retirement
February 4th, 2011 | Uncategorized
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 have been working for the government for about 30 years and am 60 years old. I have been on sick leave for the past 6 months due to complications of PTSD and severe depression. I still have 3 more months of sick leave and 1 1/2 months of administrative leave left. I am currently being asked to set a date to return or start the retirement process. Can I be forced to retire if I still have leave to cover by absence? What are my options?
A:
You cannot be forced to retire. But, when you run out of sick leave and future LWOP is denied, you can be removed for not coming to work. Retirement is a more attractive alternative.
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: LWOP, retirement, sick leave
Q & A Session – Court Order Allocating Retirement Benefit
January 10th, 2011 | Uncategorized
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 a CSRS employee and looking to retire next year. I am divorced and wanted to know how to find out if I have any court judgments filed against my federal retirement?
A:
A court order can allocate a retirement benefit from the Civil Service Retirement System (CSRS) or Federal Employees Retirement System (FERS) as a result of a divorce. The court order must expressly direct the U. S. Office of Personnel Management (OPM) to pay a portion of the monthly CSRS or FERS benefits.
The OPM regulations covering garnishments can be found in Title 5 of the Code of Federal Regulations, Parts 581 and 582.
Inquiries about court order/garnishment of annuity for alimony or child support, apportionment of annuity awarded by a court, and court ordered survivor benefits should be made to OPM in writing at:
Office of Personnel Management
Court Order/Garnishment-Retirement
P.O. Box 17
Washington, DC 20044
Include your retirement claim number (if known), full name, date of birth and social security number.
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: CSRS, divorce, FERS, garnishment of annuity, retirement
Q & A Session – Forcing Retirement
December 22nd, 2010 | Uncategorized
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.
Tags: reduction in force, retirement, RIF
Q & A Session – Survivor as Beneficiary
November 10th, 2010 | Uncategorized
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:
My father passed away last year without picking a beneficiary for his pension. My mother recently received a letter stating that she would not receive his pension since he did not designate her as the beneficiary. Shouldn’t she be receiving his pension?
A:
If your parents were married when your father retired, he cannot simply abandon your mother by signing away her survivor rights unless he had her written consent to do so. See 5 C.F.R. Part 831: sections 831.611, 614, 618. Something does not sound right based on what you are saying and there may be other missing critical information. What’s OPM’s position on your mother’s right to an annuity based on being a surviving spouse?
Bill Bransford is managing partner at 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: beneficiary, retirement, survivor rights