Q. In July 2008, Customs and Border Protection officers received law enforcement officer status and would get the 1.7 percent to calculate their pension thereafter. I was on active federal service when this took place but went on Army active duty in November 2008. I will be leaving active duty in 2012 and going back to CBP to pay my military deposit for all the leave without pay time to get credit toward my retirement. I am being told that I will not be receiving LEO 1.7 percent for the time I was on active duty even though I will be vested after the payback deposit for those years. I will only get the 1 percent for the time I vested with the military deposit for those years. Is this true?
A: What you were told is correct. An employee can get such credit only if his LEO employment is interrupted by a call to active duty and he then returns to an LEO position. Since you moved from a non-LEO position to active duty, the period of time for which you are considering making a deposit must be treated as non-LEO time.
