By Reg Jones
Military buyback and leave accrual
January 21st, 2013 | Uncategorized
Q. A buddy and I both retired from military service recently and now work as civilians for the federal government (in different departments). We both “bought back” our academy time (just under four years) and they will now count toward our civilian careers. However, my department also counted these years for leave accrual, such that I have been earning six hours per pay period.
My friend’s department did not count these years for leave accrual, so he is only earning four hours per pay period.
It seems to me that his department only referred to 1-6 of this reference: http://www.opm.gov/feddata/gppa/gppa06.pdf (which I noticed you used in this Q&A: http://blogs.federaltimes.com/federal-retirement/2012/01/30/creditable-military-service-and-leave-accrual/)
However, looking at 1-4, there is another reference to consider: The law states: “In determining years of service, an employee is entitled to credit for all service of a type that would be creditable under section 8332” … And while paragraph J-1 of that reference would seem to indicate “No” for our situation, paragraph J-2 reads as follows: (2) The provisions of paragraph (1) of this subsection relating to credit for military service shall not apply to: (A) any period of military service of an employee or Member with respect to which the employee or Member has made a deposit with interest, if any, under section 8334(j) of this title;”
Do you believe his department is correct, or mine? If mine, then how can he go about correcting this, having already tried a couple of times?
A. According to the Office of Personnel Management:
“Section 1115 of the [National Defense Authorization Act] for FY 2008 is the applicable provision of law that explicitly makes academy service time creditable for retirement — and therefore for annual leave accrual purposes.
“Section 1115 of the NDAA amended title 5 United States Code so that it explicitly made academy service time creditable toward retirement for both CSRS and FERS employees. Service is creditable retrospectively, as well as prospectively. Here is the Section 1115 text-
“SEC. 1115. RETIREMENT SERVICE CREDIT FOR SERVICE AS CADET OR MIDSHIPMAN AT A MILITARY SERVICE ACADEMY.
(a) CIVIL SERVICE RETIREMENT SYSTEM.-Section 8331(13) of title 5, United States Code, is amended by striking “but” and inserting “and includes service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, but
(b) FEDERAL EMPLOYEES RETIREMENT SYSTEM.-Section 8401(31) of such title is amended by striking “but” and inserting “and includes service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, but
(c) APPLICABILITY. The amendments made by this section shall apply to
(1) any annuity, eligibility for which is based upon a separation occurring before, on, or after the date of enactment of this Act; and
(2) any period of service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, occurring before, on, or after the date of enactment of this Act.
“In terms of credit for annual leave accrual purposes, it’s important to understand how the statute governing service credit for annual leave accrual purposes is written. 5 U.S.C. 6303 (a) provides that service which would be creditable for CSRS retirement purposes is creditable for determining an employee’s years of service for leave accrual purposes.
Once one understands the 5 U.S.C. 6303(a) text, it becomes clear that, since academy service time is creditable for retirement purposes, it is creditable for purposes of determining an employee’s annual leave service credit date.
“Here is the title 5, chapter 63 reference —
“5 U.S.C. 6303 (a)-
“…In determining years of service, an employee is entitled to credit for all service of a type that would be creditable under section 8332, regardless of whether or not the employee is covered by subchapter III of chapter 83, and for all service which is creditable by virtue of subsection (e). However, an employee who is a retired member of a uniformed service as defined by section 3501 of this title is entitled to credit for active military service only if–
(A) his retirement was based on disability–
(i) resulting from injury or disease received in line of duty as a direct result of armed conflict; or
(ii) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by sections 101 and 1101 of title 38;
(B) that service was performed in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or
(C) on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed without a break in service of more than 30 days…”
“Therefore, academy service time is creditable for annual leave accrual purposes. For military retirees who have had academy service time, the restrictions of 5 U.S.C. 6303(a)(A)-(C) would of course apply.”
Tags: break in service, creditable service, CSRS, FERS, leave accrual, military buyback, OPM, RETIREMENT
Military buyback and leave accrual
January 18th, 2013 | Uncategorized
Q. I am a retired Air Force officer with 25 years of active-duty military service. After retiring in August 2011, I started working as a government civilian (DT-05) for the Navy. I have been receiving four hours of annual leave per pay period. I have been told that you can get credit for either your overseas duty time (I was stationed overseas for 14 years — seven in Italy, four in South Korea and three in Germany), or your overseas deployment time (I was deployed overseas for 12 months — nine in Iraq, one in Israel, one in Bulgaria and one in Turkey) to allow you to earn six hours per pay period. Is this true, and if so, what part(s) and what documentation do I need to submit to have my leave adjusted?
A. None of the things you heard are true. However, leave accrual credit is given to retired members of the military under limited circumstances. To see what they are, go to www.opm.gov/StaffingPortal/vetguide.asp and scroll down to Service Credit for Leave Rate Accrual and Retirement.
Tags: creditable service, leave accrual, military buyback, OPM
Military buyback and leave accrual
January 17th, 2013 | Uncategorized
Q. I’m retired from the Navy with 21 years of service (December 1984 to December 2005). I just started a job with the Veterans Affairs Department in a civilian GS position. I’m listed in Leave Group 1. Because I am retired, I have to start from the beginning in Leave Group 1. Other service members who did not retire start off in Leave Group 2. It feels like I’m getting penalized for being retired. They say some of the campaigns I served in may count. Is this true? If so, how does it work?
A. You’ll find what you’re looking for in the Office of Personnel Management’s VetGuide. Go to www.opm.gov/StaffingPortal/vetguide.asp and scroll down to Service Credit for Leave Rate Accrual and Retirement.
Tags: creditable service, leave accrual, military buyback, OPM, penalty, RETIREMENT
Service computation date and military academy time
January 9th, 2013 | Uncategorized
Q. I am an Army retiree (July 2011) with 21 years and am serving as an Army civilian in Germany.
I recently bought back my military academy time in FERS. According to CPAC, they are not authorized to adjust my service computation date for leave accrual because of my retired military status. I do not believe this to be correct, since my service academy time did not count toward my military retirement.
What must I do to have OPM credit the 35 months of service academy time toward my service computation date?
A. CPAC is correct. The service computation date for officers is the date they graduate from a military service academy.
Tags: CPAC, FERS, leave accrual, military service academy, OPM, retired military, service computation date
Leave accrual credit
December 10th, 2012 | Uncategorized
Q. I have a civilian job offer for a GS-12 position with the Department of the Navy. This would be my first government job. They offered me a Step 3 salary plus “seven years of credit for determining leave accrual.” I understand this credit for leave accrual would put me at 20 days of paid time off per year, but does it add to any retirement benefits in FERS for “credit” of years of service?
A. No.
Tags: creditable service, FERS, leave accrual
Retirement date
October 18th, 2012 | Uncategorized
Q. I work at Social Security. I was going to retire on Dec. 28, the end of the pay year. But I recently found out the leave year ends Jan. 12, 2013. I will retire with more than 30 days of accumulated annual leave. If I retire Jan. 3, 2013, I understand my pension will be reduced about 1/10, but I can be paid for four days of work, which is much higher than the reduction I will take in my pension. This only makes sense if I can get paid for all of my accumulated annual leave (about 45 days) with a retirement date of Jan. 3, 2013, which is in the next calendar and pay year. Can you give me some insight into this issue?
A. If you retire no later than Jan. 12, 2013, you’ll receive a lump-sum payment for all of your accrued and unused annual leave.
Tags: annuity reduction, leave accrual, lump sum, RETIREMENT, SOCIAL SECURITY, unused annual leave
Rehire and annuity
October 12th, 2012 | Uncategorized
Q. I retired under CSRS on a Voluntary Early Retirement Authority at age 46 with 26 years of service. I’m considering going back to work with the agency from which I retired. I’m still under age 55 (53 years old). What benefit would returning to full-time work be for me? Can I retire again any time after 55? Will my additional years apply to my retirement the second time around? What happens to penalties previously taken on early retirement?
A. If you return to work for the government, your annuity will terminate and you’ll be treated as if you had never retired. Although you’ll start with a zero balance of annual and sick leave, your annual leave accrual rate would be the same as if you hadn’t retired. You wouldn’t be eligible to retire again until you meet the age and service requirements, in your case age 55 with 30 years of service.
Tags: annual leave, annuity, break in service, CSRS, Eligibility, leave accrual, penalty, rehire, RETIREMENT, sick leave, VERA
Leave accrual
October 12th, 2012 | Uncategorized
Q. I will have 15 years of federal service on Dec. 7, and have been looking forward to accruing eight hours of leave per pay period. Because my service computation date falls in the middle of a pay period, I am expecting to have to wait to start accruing my eight hours during the next full pay period starting Dec. 16. Because my SCD is so late in the calendar year, I am starting to feel like I won’t really benefit from my accrual “upgrade” until two full pay periods later. Here’s my logic:
If I remained (hypothetically) at six hours per pay period for the rest of the calendar year, I’d get six hours for pay period 26 and then 10 for pay period 27 for a total of 16 hours. In contrast, after my accrual change to eight hours per pay period, I’ll get eight hours for both pay periods 26 and 27 for a total of 16 hours. It seems that it wouldn’t be until the first pay period of next year that I’d actually start to benefit. Do I understand this correctly?
A. By law, the waiting periods for advancing to steps 2, 3, and 4 is 53 calendar weeks, to steps, 5, 6, and 7, 104 calendar weeks, and to steps 8, 9, and 10 156 calendar weeks. Check with your payroll office to find out when the change in your leave accrual rate will be effective.
Tags: leave accrual, pay period, payroll, service computation date
Leave accrual
October 11th, 2012 | Uncategorized
Q. I am a Defense Department civilian employee under FERS. My date of birth is March 15, 1954. My EOD was Oct. 1, 2007, which gives me five years of service. I have accrued 111.75 hours of annual leave, 80 hours of sick leave and 8.5 credit hours as of the pay period ending Oct. 6. I do not meet eligibility requirements for an early retirement under FERS, so If I resign within the next few weeks, what is the process I need to go through, and what can I expect as far as payout? Will I lose any of my leave? What are my options, if any? I also have 32 years of service in the private sector.
A. When you separate from the government, your agency will give you a lump-sum payment for any unused annual leave and credit hours. As a rule, it will be included in your final biweekly paycheck. To receive a refund of your retirement contributions, you’ll need to fill out a copy of Standard Form 3106, Application for Refund of Retirement Deductions, and send it to the Office of Personnel Management. That form is available from your personnel office or at www.opm.gov, click on Find Form(s).
While you won’t receive anything for your unused sick leave, if you ever returned to work for the federal government, those hours would be recredited to you. Because you were covered by FERS, you were earning Social Security credits for the entire time period of your employment. When you are eligible for a Social Security benefit, those credits will look no different from the ones you earned in the private sector.
Tags: annual leave, contributions, Early retirement, Eligibility, FERS, five-year, leave accrual, lump sum, OPM, payout, resignation, RETIREMENT, separation, sick leave, SOCIAL SECURITY
Leave accrual
October 1st, 2012 | Uncategorized
Q. I’m considering retiring on July 3, 2013. My current and projected sick leave balance is as follows:
Currently as of pay period 14 = 2,320.45
End of this calendar year projection = 2,372.45
Projected amount as of June 29, 2013 = 2,428.45 (last pay period before retirement)
If you apply the Office of Personnel Management’s sick leave conversion to the 2,428.45 sick leave hours at the time of my probable retirement (July 3, 2013), the conversion table states that I’ll be one hour or .55 hours shy of having one year and two months of sick leave applied to my retirement.
In 2013, pay period 14 will end on June 29, 2013 and I would like to retire the following week. Will I be able to accumulate two hours for the one week, or is leave only accrued for an entire pay period basis?
A. No. You must complete a pay period to get credit for any annual and sick leave earned during that pay period. However, don’t despair. Unless you will be retiring with an exact number of years and full months of service, you’ll have some leftover days that will be converted to sick leave hours and added to your actual sick leave hours, thereby increasing the probability that you’ll be credited with an additional month in the computation of your annuity.
Tags: annual leave, annuity computation, leave accrual, OPM, pay period, RETIREMENT, sick leave
Leave accrual
September 12th, 2012 | Uncategorized
Q. I am on six weeks of sick leave. Will I continue to accrue sick leave and annual leave during these six weeks?
A. Yes.
Tags: annual leave, leave accrual, sick leave
Military time and creditable service
August 27th, 2012 | Uncategorized
Q. I am working for the Veterans Affairs Department hospital. I served six years of service with the active-duty Navy, in which I was awarded the Armed Forces Expeditionary Medal and was honorably discharged with an RE1 enlistment code after the Navy. I served 14 years Active Guard Reserve with the Army National Guard. I do not wish to sell my time back, but I want to know why my active-duty time with the Navy does not count toward my time for leave or vacation when there are fellow workers who have less time (3-4 years) that do.
A. It should count. According to the Office of Personnel Management, “For nonretired members [of the armed forces], full credit for uniformed service (including active duty and active duty for training) performed under honorable conditions is given for annual leave accrual purposes.”
Tags: annual leave, buyback, creditable service, leave accrual, military service, OPM
Prior military service and leave accrual
August 27th, 2012 | Uncategorized
Q. I have been recently hired as a federal employee. Does my prior military service (five years) count toward the rate at which I accrue sick and annual leave?
A. According to the Office of Personnel Management, “An agency may provide credit toward an employee’s annual leave accrual rate for non-Federal service or active-duty uniformed service that otherwise would not be creditable if the individual has prior work experience directly related to the duties of the position to which he or she is being appointed and the prior experience is necessary to achieve an important agency mission or performance goal. This is a discretionary authority, not an employee entitlement.” On the other hand, sick leave is accrued at a fixed rate, four hours per pay period.
Tags: annual leave, leave accrual, military service, OPM, sick leave
Service academy time and annual leave accrual
July 23rd, 2012 | Uncategorized
Q. I’ve been getting mixed messages about whether service at the armed forces military academies is creditable for annual leave accrual purposes. I’ve read Q&As on your site that say it is, but my human resources people say that it isn’t. Who’s right?
A. According to the Office of Personnel Management:
“Section 1115 of the NDAA for FY 2008 is the applicable provision of law that explicitly makes academy service time creditable for retirement — and therefore for annual leave accrual purposes.
“Section 1115 of the NDAA amended title 5 United States Code so that it explicitly made academy service time creditable toward retirement for both CSRS and FERS employees. Service is creditable retrospectively, as well as prospectively. Here is the Section 1115 text-
“SEC. 1115. RETIREMENT SERVICE CREDIT FOR SERVICE AS CADET OR MIDSHIPMAN AT A MILITARY SERVICE ACADEMY.
(a) CIVIL SERVICE RETIREMENT SYSTEM.-Section 8331(13) of title 5, United States Code, is amended by striking “but” and inserting “and includes service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, but
(b) FEDERAL EMPLOYEES RETIREMENT SYSTEM.-Section 8401(31) of such title is amended by striking “but” and inserting “and includes service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, but
(c) APPLICABILITY. The amendments made by this section shall apply to
(1) any annuity, eligibility for which is based upon a separation occurring before, on, or after the date of enactment of this Act; and
(2) any period of service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, occurring before, on, or after the date of enactment of this Act.
“In terms of credit for annual leave accrual purposes, it’s important to understand how the statute governing service credit for annual leave accrual purposes is written. 5 U.S.C. 6303 (a) provides that service which would be creditable for CSRS retirement purposes is creditable for determining an employee’s years of service for leave accrual purposes. Once one understands the 5 U.S.C. 6303(a) text, it becomes clear that, since academy service time is creditable for retirement purposes, it is creditable for purposes of determining an employee’s annual leave service credit date.
“Here is the title 5, chapter 63 reference —
“5 U.S.C. 6303 (a)-
“…In determining years of service, an employee is entitled to credit for all service of a type that would be creditable under section 8332, regardless of whether or not the employee is covered by subchapter III of chapter 83, and for all service which is creditable by virtue of subsection (e). However, an employee who is a retired member of a uniformed service as defined by section 3501 of this title is entitled to credit for active military service only if–
(A) his retirement was based on disability–
(i) resulting from injury or disease received in line of duty as a direct result of armed conflict; or
(ii) caused by an instrumentality of war and incurred in line of duty during a period of war as
defined by sections 101 and 1101 of title 38;
(B) that service was performed in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or
(C) on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed without a break in service of more than 30 days…”
“Therefore, academy service time is creditable for annual leave accrual purposes. For military retirees who have had academy service time, the restrictions of 5 U.S.C. 6303(a)(A)-(C) would of course apply.”
Tags: break in service, creditable service, CSRS, disability, FERS, leave accrual, Military academies, OPM, RETIREMENT
Service computation date and break in service
July 11th, 2012 | Uncategorized
Q. I worked as a GS clinical nurse from Sept. 12, 1999, to Sept. 24, 2005 — a total of six years. On May 10, 2010, I returned to federal service as a GS clinical nurse. My service computation date was determined to be Feb. 8, 2008. How was this date arrived at? I previously worked from February 1991 to January 1996 as a GS worker and foolishly took my retirement monies out. I know I have lost that time. But that should not cause me to lose three years of service time, should it?
A. Unless you re-deposit the refund you took when you left government, with interest, you’ll get no retirement credit for it in determining your length of service and in your annuity computation. On the other hand, your agency appears to have given you some credit for leave accrual purposes. However, why they haven’t given you credit for all of it is something you’ll have to ask them.
Tags: annuity calculation, break in service, credit, interest, leave accrual, redeposit, RETIREMENT, service computation date
Service computation date
July 10th, 2012 | Uncategorized
Q. I am a full-time term federal employee. I had a service computation date of Feb. 5, 2005. It was recently changed to June 4, 2002, due to military service. Will this new SCD help when computing my FERS retirement plan as far as years? I have only contributed to FERS since 2005, when I became a scheduled full-time term employee.
A. It will only affect your annual leave accrual rate. It won’t have any effect on your retirement eligibility or in your annuity computation unless you make a deposit for that period of active-duty service.
Tags: annuity, FERS, leave accrual, military service, RETIREMENT, service computation date
Leave accrual for combat vet
July 10th, 2012 | Uncategorized
Q. I was told that if I had served in Vietnam in a combat situation and could prove it, I would qualify for additional leave accrual (over eight hours per pay period). If I submitted a copy of my decorations I had been awarded, that would be the proof needed. Turn that into the personnel folks here at Tinker [Air Force Base, Okla.] and they would fill out the paperwork and process the application. I am a Vietnam vet and was hired as a civil servant one year ago. Can anyone tell me if there is any truth to this? I am currently working on the buyback program to get credit for my service time but just heard about this other option.
A. To the best of my knowledge, no additional leave accrual credit is given for combat service in the armed forces.
Tags: leave accrual, military service
Prior credit for annual leave calculation
June 6th, 2012 | Uncategorized
Q. I completed a full one-year internship with the Veterans Affairs Department system (with annual leave and sick leave earnings) prior to my current federal employment. Three years after this internship ended, I obtained a job at a VA hospital. I have known other VA employees who have had this period counts toward changes in annual leave accrual from four to six hours. Upon my hire, I was informed that the VA hospital I worked at had some of the documentation but was missing a specific form required to change annual leave calculation. Hence, our human resources office could not verify that I was at this site (even though if had I not completed this training, I would not have been eligible for my degree, been properly credentialed, obtained professional licensure, or have been eligible for my current employment).
The person in HR who processed my application retired shortly after my start date. My case was turned over to another individual. I met with that person who stated that HR “was probably going to credit me this” after reviewing information. I was not notified that other documentation (e.g. tax returns, pay stubs, etc.) could be provided for verification at that time. I sent some follow-up communications but had no response.
As my two-year employment service date approached (which would have been three years given prior-qualified federal service for annual leave calculation), a new HR employee provided assistance in checking into the annual leave calculation. He noted: 1). that this one-year internship did qualify for annual leave recalculation; 2). that nothing had been changed in terms of credit for the internship. Basically, he said there had been no follow-through by the HR person I previously met with. This new person stated that HR could not verify my prior service but that it could be done with pay stub/W-2 forms.
I was then informed that annual calculation could not be retroactive. Hence, changing to six hours from four hours would only be approved after the documentation I provided was approved. To date, I have lost over three days of annual leave due to all the administrative errors with no resolution in sight. How can I move forward?
A. I checked with the Office of Personnel Management. Here is their response:
If an agency discovers an employee should have received credit for a period of service that would advance the date in which the employee reaches a higher annual leave accrual category, the correction to the service credit date should be handled immediately, and the employee’s annual leave account must be reconstructed for each affected leave year. That is, the new leave accrual rate would not be prospective only. The employee may be entitled to additional annual leave. However, in order to receive the additional leave accrual, leave records must be available to ensure the employee does not receive annual leave in excess of the statutory limit.
“When reconstructing leave accounts due to an administrative error, the annual leave accumulation limit still applies (5 U.S.C. 6304 for most employees), and an agency may recredit only annual leave that is not in excess of the statutory limit.
“When an employee is recredited with leave in order to correct an administrative error, his leave records are reconstructed for each leave period affected. In thus reconstructing the employee’s leave account, he may not be recredited with any leave which would cause his leave balance for the beginning of a new leave year during the period in question to exceed the statutory limitation of 240 hours imposed on annual leave carry over from one leave year to the next by The Annual and Sick Leave Act of 1951, as amended, now 5 U.S.C. 6304.” See Comptroller General Decision B-177977, May 21, 1973, at http://www.gao.gov/products/465098#mt=e-report.
In reconstructing the leave account, if the employee would have earned additional annual leave over the statutory limit, the excess leave will be forfeited.
Tags: annual leave, calculation, carryover, creditable service, leave accrual, OPM, sick leave, taxes
Accrued time transfer
May 30th, 2012 | Uncategorized
Q. I was employed by the Postal Service for more than five years with a start date of March 17, 2007. I applied for a position with the Defense Department, DCMA division, and was accepted. I started work with DoD on April 9. I have received three paychecks to date, earning six hours of leave per pay period, so my start date with the federal government went back to March 17, 2007. I had accrued approximately 136 hours of annual leave and 327 hours of sick leave. I am in the new position, and human resources in Kansas is telling me my time does not carry over. Am I losing out on sick time?
A. Whoever told you that is mistaken. Your accrued sick and annual leave is transferable. If you get an argument, make them show you in writing where it says that it isn’t. If they can’t and still hold the same view, ask them to refer the question up the line. Eventually, your agency headquarters or Office of Personnel Management will square them away.
Tags: leave accrual, OPM, Postal Service, transfer
Military medals and leave accrual
April 19th, 2012 | Uncategorized
Q. How does the expeditionary or campaign medal qualify an employee for the possibility of being in an increased leave category? I was under the impression that campaign and expeditionary medals only qualify for leave categories when an employee is a retiree from the military. Is this correct?
In my scenario, I have seven years of active-duty Navy service and five years of civil service in FERS totaling 12 years. I am in Leave Category 2, which grants of six hours of leave per pay period until I reach 15 years of service. At that time, my leave jumps to Category 3, for which I will earn eight hours per pay period.
Is there a stipulation, directive or law that states if a campaign or expeditionary medal has been earned, it authorizes an employee credit for leave, possibly placing them in a different leave category? I have a Kosovo Campaign Medal and the Global War on Terrorism Expeditionary Medal. If this scenario is correct, what should I do?
A. Here’s what OPM has to say: For nonretired members, full credit for uniformed service (including active duty and active duty for training) performed under honorable conditions is given for leave accrual purpose.
Tags: FERS, leave accrual, military service, OPM