Ask The Experts: Retirement

By Reg Jones

Losing dual status

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Q. I’m 52½ years old. I came into the civil service as an air reserve technician in April 2007. I bought back 10 years of active-duty service, which brings me to 16 years creditable service. In 2008, I had a botched surgery and have also developed a foot problem, both no fault of my own. My case is being reviewed by a medical evaluation board. If I lose my dual status, under these circumstances, can I remain in my job as civil servant, or will I be offered a civil service position to remain in the civil service until I retire in 2020? Title 10 USC 10218 says I would. USAFR Instruction 136-114 says I would.

However, I have heard that I would only be considered for a position should one exist at my current assigned base and under my current wage grade (WG-11). If none exists, I would be medically retired and qualify only for an annuity, based on my creditable service of 16 years. I think it’s 25 percent of my annual salary at 16 years. I do not think I would qualify to draw my Social Security. However, I haven’t been able to find any directives stating these rules within the laws or regulations governing air reserve technicians. Can you advise?

A. No, you can’t remain in your job as a civil servant, nor is your agency required to find a position for you. You could apply for disability retirement. If you did, you’d also have to apply for a Social Security disability benefit. If you were approved for disability retirement, for the first 12 months you’d receive 60 percent of your high-3, minus 100 percent of any Social Security disability benefit. After the first 12 months and up to age 62, you’d receive 40 percent of your high-3 minus 60 percent of any Social Security disability benefit. At age 62, your annuity would be recomputed as if you had worked to age 62.

Comments

  1. Carosesunshine Says:
    May 9th, 2013 at 9:14 am

    was your surgury done by military? if so get a line of duty push for it. it will help with va if it was. Also, if you like most have issues u haven,t had documented now is the time. contact attorney David Powell at AFPC he has been every status and is there for u , not just when it goes to formal level. If I didn,t I would have gotten 30 percent instead of 60. they can put more than one thing on the meb, anything that affects your ability to meet military standards and then they rate that. i was once in your shoes , i watched for other jobs civilian on the base and took a downgrade to ensure I had a job. Then I applied for a job at AFRC. Mr powell is a great guy out to get what is fair, ask question after question to him. the reserve medical are not trained well on meb or art connection. Best of luck

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