Q. In 2008, CBP was legally given 6C law enforcement. I retired in 2007 with 19 years of law enforcement experience working for Customs and Border Protection. I was basically forced to retire since the agency informed me that I could no longer perform the essential elements of the job, supervisory CBP officer. They provided me with the job description of a CBP officer — the job description used today providing 6C coverage to all new recruits. I am wondering if I am entitled to 6C retirement coverage since I met and perform the 6C law enforcement duties before my separation. If not, then why does OPM continue to send me to periodic examinations? Is CBP going to hire me if I am no longer found disabled even though I can no longer meet the age requirement? I am almost 50.
Furthermore, if I recuperate from my initial injury, am I entitled to my job? Even if it is 6C now and I retired before it was granted?
A. To retire under the special, more generous retirement provision, you would need to have met the age and service requirements, either age 50 with 20 years of covered service or at any age with 25. Since you retired on disability, OPM is required by law to check to see if you are still disabled. If OPM finds you are recovered from your disability, your agency could rehire you, but it is not required to do so. Part of the decision would involve a review to determine if the fact that you no longer met the disability retirement criteria meant you could now perform the essential duties of your position.
