Q: I recently retired from the FBI in a non-law enforcement position, 0132. However, I started federal service in 1971 as an 1811 and stayed in that position for about 15 years (DEA special agent, customs special agent). Then, I went to the private sector for 18 years. After retiring from the private sector, I returned to the government, the FBI, in the 0132 series. After a total of 20 years, I retired. OPM advised that although I contributed the higher 6C contributions to the 6C retirement for 3/4 of my total federal service, there was no provision for either a partial 6C retirement nor a refund of the excess contributions I made for the non-6C retirement. The earlier Pitsker and Adkins cases state that OPM was required to prorate 6C retirement for those that went out on a disability prior to reaching either 20 years or age 57. Since I had 15 years in 6C retirement, would I be entitled to a prorated 6C retirment. If not, am I entitled to have the thousands of dollars extra that I contributed to the 6C retirement, above and beyond what the non-6C contributions would be, refunded to me?
A: That case does not apply to someone in your situation. You aren’t entitled to a prorated annuity computation or a refund of part of your contributions.
