Q: I spent five years on active duty and 15 years on reserve duty in the Army. I started receiving my military pension when I turned 60 in October 2007. I am a FERS employee for the Justice Department and I completed the military buyback in August 2006. I want to retire in January and the HR department cannot give me an answer about waiving my military pay. I read in the FERS Handbook that military pay would have to be waived unless the employee is “receiving military retired pay under provisions of 10 U.S.C. 12731-12739 (retired pay under Chapter 1223 for members of the reserves).” Am I eligible to continue receiving my military retirement pay as well as retire from the Justice Department with the credit for the five years I bought back?
A: You aren’t required to waive your reserve retired pay and may continue to receive it along with your FERS annuity, which will be credited with the five years of active duty service for which you made a deposit.