LEO credit while on active duty


Q. In July 2008, Customs and Border Protection officers received law enforcement officer status and would get the 1.7 percent to calculate their pension thereafter. I was on active federal service when this took place but went on Army active duty in November 2008. I will be leaving active duty in 2012 and going back to CBP to pay my military deposit for all the leave without pay time to get credit toward my retirement.  I am being told that I will not be receiving LEO 1.7 percent for the time I was on active duty even though I will be vested after the payback deposit for those years. I will only get the 1 percent for the time I vested with the military deposit for those years. Is this true?

A: What you were told is correct. An employee can get such credit only if his LEO employment is interrupted by a call to active duty and he then returns to an LEO position.  Since you moved from a non-LEO position to active duty, the period of time for which you are considering making a deposit must be treated as non-LEO time.

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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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