Q. I am receiving a FERS disability annuity at 60 percent of my base pay (first year). I thought I was told prior to retirement that the salary limit of 80 percent did not apply the first year I draw the annuity. I cannot find any notes I might have taken or documentation from my previous human resources office supporting this idea. I accepted a civilian position where I made more than 80 percent of my fed tech position within the first calendar year of receiving the annuity. I received an earned income questionnaire from OPM and if submitted with earned income, I will forgo my annuity for six months. Is there any documentation to support the idea that earned income within the first year of drawing a disability annuity is not looked at for the 80 percent limitation?
A. The 80 percent earnings limit is a matter of law and applies to earnings from wages or self employment during a calendar year. If anyone told you something different, he was mistaken.