6(c) and non-6(c) retirement plans


Q: I recently retired from the FBI in a non-law enforcement position. However, I started federal service in 1971 (Drug Enforcement Administration special agent, customs special agent) and stayed in that position for about 15 years. I then went into the private sector for 18 years. After retiring from the private sector, I returned to the government with the FBI. After a total of 20 years, I retired.

The Office of Personnel Management advised me that although I contributed the higher amounts to the 6(c) retirement for three-quarters of my federal service, there was no provision for either a partial-6(c) retirement or a refund of the excess contributions I made for the non-6(c) retirement. In previous cases, OPM was required to prorate 6c retirement for those who went out on a disability prior to reaching either 20 years of service or age 57. Because I had 15 years in 6(c) retirement, would I be entitled to a prorated 6c retirement? If not, am I entitled to have the thousands of dollars extra that I contributed to the 6(c) retirement, above and beyond what the non-6(c) contributions would be, refunded to me?

The OPM case in question appears to state that the “Pitsker and Adkins rulings extends to other employees who have performed service in positions that could qualify for an enhanced annuity.”

A: That case does not apply to someone in your situation. You aren’t entitled to a pro rata annuity computation or a refund of part of your contributions.


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.

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