By Reg Jones
Fit for duty
February 28th, 2012 | Disability retirement
Q: I have worked in government since April 15, 1991, and in December of that year had an on-the-job accident. I have endured four surgeries since then and the doctors want me to have a fifth. It’s now up to OWCP on the direction to go. I have been on light duty for more than a year, and my employers want to resolve this, including getting me to volunteer to retire, medical retire or even do a fit for duty. I have four more years before I am 57,and I prefer to stick it out, but if I choose to retire, what are my options?
A: Because of your age and service, you would only be eligible for involuntary retirement if your agency separated you, or disability retirement if OPM found you qualified for it.
Tags: Early retirement
Disability and VSIP
February 3rd, 2012 | Disability retirement RETIREMENT
Q. If I receive and/or apply for disability retirement, how does this affect an incentive to retire? If I apply now for disability retirement and an incentive is announced, will I be able to get the incentive?
A. No, an employee who has a disability such that he would be eligible for disability retirement may not receive a Voluntary Separation Incentive Payment.
Converting disability retirement to regular retirement
January 25th, 2012 | Creditable service: FERS Disability retirement RETIREMENT
Q. I have completed 20 years of firefighter service covered by the Federal Employees Retirement System. I recently was medically disqualified for service due to a permanent medical condition. I am 48 years old — not old enough for voluntary retirement. I have applied for disability retirement. Can I change my disability retirement to a regular firefighter retirement once I reach 50? If not, when I turn 62 and my retirement is recalculated, will I get the 1.7 multiplier for the 20 years of fire service?
A. No, you can’t convert from disability retirement to regular retirement at age 50. And no, the enhanced multiplier won’t be used when your annuity is recalculated at age 62.
Buyout or disability retirement?
January 25th, 2012 | Disability retirement RETIREMENT
Q. I am a federal worker who has multiple sclerosis. I would be eligible for disability retirement, but my boss just informed me that I am eligible for a buyout from our agency, the Administrative Office of U.S. Courts. I’ve worked there for about 17 years. I am only 45 years old and am confused as to which is the most advantageous option.
A. Because you have a disability that would make you eligible for disability retirement, you aren’t eligible for a buyout. Your only option is to apply for disability retirement.
Early out or disability retirement?
January 24th, 2012 | Disability retirement Early retirement RETIREMENT
Q. I am currently off work and getting compensation from the Office of Workers’ Compensation Programs. If the Postal Service offers early retirement, can I take the offer and retire while on workers’ comp? I am 52, and have more than 30 years of service. I have applied for disability retirement, but if an early out is offered, I would rather go that route instead, if possible.
A. I’m not aware of any bar to your accepting an offer of early retirement.
Termination from Guard
December 16th, 2011 | Disability retirement
Q: I am a National Guard military technician losing my military membership due to medical nondeployability and pilot grounding. Consequently, I am being involuntarily discharged from the military and my technician employment will be terminated. I am a 52-year-old FERS employee with 12.5 years active Army (I bought back service-time credit), six years career Postal Service and 10 years (hired in August 2001) National Guard service. I was told I am eligible for the National Guard Special Provision (60/40) since I have less than 20 years technician service. They stated I am also eligible for the Discontinued Service retirement with Social Security annuity, which I would roll into if my future earnings cap (80 percent) is exceeded (Special Provision would terminate). But the Social Security annuity would terminate then also. Please clarify whether this is true. When the termination comes, exactly which retirement provisions apply to me?
A: This is a civilian benefits site, so we don’t know anything about your military entitlements. What we do know is that if you are involuntarily separated from your National Guard position, you have the years and service needed for a discontinued service retirement. The CSRS component of your annuity (including CSRS Offset) would be computed under CSRS rules; the FERS component under FERS rules. You would be eligible for the special retirement supplement (SRS), which approximates the Social Security benefit you earned while covered by FERS, when you reach your minimum retirement age. If, at that time, your earnings from wages or self-employment exceed the annual Social Security earnings limit, the SRS would be reduced or eliminated. The SRS would automatically stop at age 62 when you become eligible for a Social Security benefit. Also at age 62, the CSRS portion of your annuity would be reduced by the amount of Social Security benefit you earned while covered by CSRS Offset, whether or not you apply for that benefit. Further, because you’ll be receiving an annuity — in whole or part — from a retirement system where you didn’t pay Social Security taxes (CSRS), you’ll be subject to the windfall elimination provision. The WEP reduces that Social Security benefit if you have fewer than 30 years of substantial earnings under Social Security.
Tags: FERS, military service, SOCIAL SECURITY
OWCP and retirement
December 6th, 2011 | Disability retirement
Q: I am a postal service employee under FERS with a work-related injury. I am permanently restricted to four hours a day at a Limited Duty Position. If I were to take disability retirement, how would my injury-related medical expenses get paid? On the other hand, if I were able to hold off until MRA and take regular retirement, how would they get paid? What would happen to the four hour a day OWCP compensation in both scenarios? Can I still take disability retirement after I have reached MRA? What happens if my condition worsens?
A: If you retire, whether on an immediate or disability annuity, your workers’ compensation payments would end. They cannot be paid concurrently with a retirement annuity. You could still retire on disability after you reach your minimum retirement age. If you are covered by the Federal Employees Health Benefits program, any injury-related medical bills you have would be paid in the same way that your plan pays other medical bills. Neither your retirement nor your FEHB plan medical payments would change if your condition worsened.
Tags: disability, FERS
Long-term disability insurance
November 3rd, 2011 | Disability retirement
Q: My husband is a federal employee working for OPM under FERS. We cannot find any reference to long-term disability insurance. Is LTD standard with FERS? If so, is there a link to the policy description/handbook? Also, I heard that the program only kicks in after a year of disability and falls to 40 percent in second and subsequent years. Is there some sort of supplemental insurance that is recommended?
A: The federal government doesn’t provide short- or long-term disability insurance to its employees. What it does provide is disability retirement to anyone who qualifies. To find out who can apply and how, go to www.opm.gov/retire/pubs/handbook/C060.pdf and scroll down to Section 60B. To see how disability annuities are computed, go to www.opm.gov/retire/pubs/handbook/C061.pdf. and scroll down to Section 61B Note:Because your husband is a FERS employee, if he applies for disability retirement, he must also apply for Social Security disability benefits.
Tags: Early retirement, FERS
Disability retirement
November 2nd, 2011 | Disability retirement
Q: I am a 37-year-old female with 11 years of federal service in law enforcement. Because I am unable to medically participate in defensive tactics/firearms training, I am being separated from service (unfit for duty). I have applied for disability and immediate retirement, but I am allowed to continue working pending OPM’s decision on whether to grant benefits. I have been denied Social Security disability because I remain employed at a relatively high salary. Hypothetically, please assume OPM’s decision is favorable and I am officially separated from service and have already reapplied for Social Security disability … can I apply for or receive unemployment benefits pending Social Security’s decision even though I will receive a disability annuity? Moreover, will receiving a sizable lump-sum payment for unused annual leave adversely affect my claim for unemployment benefits?
A: As a disability retiree, you wouldn’t be eligible for unemployment compensation, so your second question is moot.
Disability benefits
October 31st, 2011 | Disability retirement
Q: I’m a dual-status federal/military technician in the Air National Guard. I have eight years of active duty with the remainder in the ANG for a combined total of just more than 20 years of military service. I’m going before a medical board because of service-connected disabilities (VA rated at 70 percent). Soon after the board, I will be separated from the ANG and retire from my technician position on FERS disability. Assuming my military disability rating will come back at 30 percent or more, will I be eligible for immediate concurrent receipt of all military disability pay, VA disability compensation and FERS disability retirement?
A: I’m only qualified to answer the part that deals with your entitlement to civilian retirement benefits. As a National Guard technician, if you are medically disqualified for military duty, you’d receive FERS disability benefits wihout having to meet the usual disability criteria. You’ll have to check with the VA and your branch of service to learn if you are entitled to any other benefits.
Tags: disability, FERS, military