Misconduct firing and annuity


Q. A CSRS employee is 62 years old, has 33 years of service, and has been eligible for retirement for four years. If said employee is fired due to misconduct, how is the annuity affected by the discharge?

A. It would have no effect on either his eligibility to retire or in the amount of his annuity.


About Author

Reg Jones was head of retirement and insurance policy at the Office of Personnel Management. Email your retirement-related questions to fedexperts@federaltimes.com.


    • No, it won’t. If you are already old enough to retire on an immediate annuity, you can do that instead of resigning. If you aren’t old enough, you can resign and later apply for a deferred annuity. If you are a CSRS employee, you can do that at age 62. If you are a FERS employee, you can do it when you reach your minimum retirement age (MRA).

  1. If a fed employee is eligible under fees special leo/ ff retirement, has 25 years in, and is at mra, if he gets fired for misconduct can they deny the firefighter retirement provisions? If so, when could he retire and how?

    • According to OPM, “FERS law enforcement officers and firefighters may retire voluntarily or involuntarily (except by removal for cause on charges of misconduct or delinquency).” Whether your misconduct will bar you from retiring under the LEO provisions is something your agency will have to decide. If there is any question about that, they can check with OPM.

  2. If a 41 year CSRS Employee is dismissed at age 63 for misconduct, i.e. alleged sexual harassment, will she loose he retirement annuity benefits? Thank you

  3. I am a 57 year old FERS employee with the Cincinnati VA, I have 35 years and 3 months of service counting my military, I may be released cause of a misconduct issue resolving around a sexual assualt, I already filed for a break down of my retirement, do I stand to lose my petion?

  4. If you worked for a company 30 plus years and 55 years of age, which is retirement eligible at this company and they fire you for misconduct, how do you go about retiring and receiving benefits you worked for for 30 plus years ? Thank you

  5. Can you file for OPM disability retirement if you were terminated for misconduct? Im a 100% rated disabled veteran with 34 years of service but I’m 53 years old, which mean I have 3 years left before Im eligible for retirement. fedexperts@federaltimes.com.

      • I was terminated for cause but I currently have an attorney and is going through a mixed case for prior EEO activity and a MSPB hearing. My doctor, therapist and psychiatrist advised me to file for SSDI and OPM Disability. I stopped getting paid back in February along with my removal letter and I jave a year to file. Does the year start when my case jas been resolved or in February when I recieved my letter of removal?

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