Q. I am currently in a CSRS “covered” special agent law enforcement position with the Department of Homeland Security and will turn 57 this month, thereby being mandatorily retired April 30. I have not received any written notification from DHS management of my pending mandatory retirement. If I understand 5 USC 8425(b) correctly, isn’t my employing agency required to serve me with written notification at least 60 days prior to April 30? Also, aren’t I permitted under this law to remain at work “until the last day of the month in which the 60-day notice expires”?
A. Yes. According to OPM, “Once the date of mandatory separation is determined for a law enforcement office or firefighter, the employing agency must notify the employee in writing of the date of separation at least 60 days in advance of the date. Action to separate the employee is not effective, without the consent of the employee, until the last day of the month in which the 60-day notice expires.”