Q: If a FERS-covered LEO elects to take OPM disability retirement, is that LEO’s 25 percent Law Enforcement Availiability Pay included in the salary computation? I do know for the purpose of regular retirement, and when receiving DOL OWCP the 25 percent LEAP is included. I assume it also would be included in the disability salary calculation as well, but I cannot find a written policy anywhere that states this.
A: All disability retirement calculations are based on an employee’s highest three consecutive years of average basic pay. Since law enforcement availability pay is considered to be a part of basic pay, it would be included when computing a disability retirement.