Dual status FERS disability


Q. I am a dual status military technician in the National Guard. In March, I was deemed medically unable to maintain membership in the Guard, and retired militarily. Because I was disqualified from service, I submitted my packet to the Office of Personnel Management requesting disability retirement. I was denied, of course, because my condition was not workers’ compensation-related. On June 26, I received that notification and was informed that my packet was now under review for a “special provisions” disability retirement.  That letter also stated it would take two to six months before a decision was made. Six days later, my state human resources office informed me that I had to select a retirement date before the end of the next pay period, effectively giving me 10 days notice before I lose employment. Is that legal even though OPM stated it would be two to six months?

A. Yes.


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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