Q. I am a retired military rehired annuitant with the Internal Revenue Service. I retired from the Department of Agriculture with 29 years and seven months under restructuring with no penalties. My time was made up of 20 years and one week of military (waived military retirement) and nine years, six months and three weeks of civil service time for a total of 29 years and seven months. I am being told that I cannot receive benefits from my military time in the form of leave or service computation date, but they can use it to offset my current salary. Why is it that the IRS can benefit from my military time, but I can’t? My view is: a). Count the time and offset my pay, but give me leave status with the whole time considered; b. Don’t give me the benefits in the leave and service computation date areas and waive 67 percent (estimate of military time in my annuity) of my annuity and adjust my pay accordingly. I am no longer retired, and they tell me that time can only be used in retirement.
A. Retired members of the military can only be given annual leave accrual credit for actual service during a war declared by Congress or while participating in a campaign or expedition for which a campaign badge is authorized, or all active-duty service when retirement was based on a disability received as a direct result of armed conflict or caused by an instrumentality of war and incurred in the line of duty during a period if war as defined in 38 U.S.C. 101 and 1101.
