Q: What would happen if someone wants to retire on Aug. 31, 2010 (service date), but his sick leave will give him three months’ credit. Can he retire three months early with the same annuity? A: No. Unused sick leave never qualifies anyone to retire. It’s only credited after you meet the age and service requirements to retire.

Q: Is Base Closure and Realignment restored leave taxable when distributed? My CPO is telling me yes but cannot cite any regulation. I recall from an earier question you answered that you said that BRAC leave had already been taxed when earned and therefore no withholding would be imposed on the payout. Can someone give me the chapter and verse? Our installation closes in 2011, and many of us have built up large BRAC balances. A: I think your memory is playing tricks on you. Annual leave isn’t taxable when it’s earned, nor is it taxable when restored. Annual leave…

Q: Is the time spent at a service academy creditable for civilian retirement if the employee did not graduate? There has always been an assumption that if the individual did not graduate from the academy that the time was not creditable for civilian retirement purposes. Nowhere can a reference be located with a mention of graduating. I’ve exhausted just about every reference possible and the closest thing that I can find is Section 1115 of the National Defense Authorization Act for Fiscal Year 2008, which authorizes federal employees to receive retirement “credit for service as a cadet or midshipman at…

Q: I am a GS-1811 law enforcement officer covered under the early retirement provisions of 6(c) and a Civil Service Retirement System employee. Can my four years of active-duty military service, for which I have made a redeposit into CSRS, be used to reach the 35 years (or 80 percent max annuity under CSRS) of total credited federal service (i.e., 31 years of actual federal LEO civilian service plus 4 years of military service equal 35 years of service annuity)? A: Your first 20 years of law enforcement service will be calculated using the enhanced formula: 0.25 x your high-3…

Q: I’m currently 62 years old with 29 years in federal civil service (Civil Service Retirement System), three years of prior military service and a service computation date of March 28, 1977. I plan to retire in 2010 and may have the opportunity to continue as a part-time employee. If I am re-employed by the federal government (possibly on the same job), would I be in the CSRS or the Federal Employees Retirement System? In addition, I have 25 credit hours with Social Security and need 15 more hours to make up for the 40 credit hours requirement to be…

Q: I am a Federal Firefighter. I was hired in 1986 and will retire under the Federal Employees Retirement System. My question revolves around my active-duty military service deposit to the federal retirement fund. Since I have made this deposit and am in good standing to receive compensation for this time; my question is; can I apply it to help determine the length of my service in order to fulfill the 25-year requirement? As a federal firefighter, I am subject to the special retirement for law enforcement officers, firefighters and air traffic control personnel. I cannot get a consistent or…

Q: I am 63 and under Federal Employees Retirement System as a 1998 FERS transfer. My wife is 65 and collecting Social Security as of age 62. When I turn 66, my full retirement age, am I allowed to collect a full spousal benefit of half of her monthly benefit without penalty? If this is possible, I could then delay taking my own benefit until age 70 and collect the maximum under my own earnings (less the Windfall Elimination Provision penalty) which is substantially more than my full benefit at age 66. A: Here are the rules. As a spouse,…

Q: I am a Civil Service Retirement System Offset employee who has about 28 years of civil-service time with the Navy. I have about $19,000 to pay back for retirement money I withdrew. I have already paid back my military portion. Under a deferred retirement, I would be allowed to continue paying back my civil retirement debt up to six months before my 62nd birthday, which is when I’m suppose to file for retirement with the Office of Personnel Management. My divorce decree states once I retire from the civil service, the alimony ceases. Since a deferred retirement is one…

Q: I was told that in October, regulations on the maximum age for law enforcement pay were changed to read that if you are over 37 years old with a DD 214, you may apply for law enforcement jobs (prison guard, fedearal marshal, etc.). Is this correct information? A: No, it isn’t. However, Section 1086 of Public Law 111-84 did increase the maximum age limit for an original law enforcement or firefighter appointment to 47 for anyone receiving retired or retainer pay for military service or premium or compensation from the Veterans Affairs Department instead of retired or retainer pay.…

Q: I am a Civil Service Retirement System employee who is now receiving a disability pension. What happens if I am able to go back to work but the Postal Service doesn’t have any openings and I can get a job in the private sector? I am 57 years old with 28 years with the postal service. Do I have to wait until I am 60 or 62 years of age to retire (deferred retirement)? Also, is there an earnings limit if I retire as a civil service retiree like there is under Social Security? A: If your disability annuity…

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