LEO and ATC coverage


Q. I have a unique situation that I would appreciate some clarification on regarding the FERS Special Retirement Provision. I am a current federal law enforcement officer with 12 years of creditable code M coverage. Prior to becoming a federal employee, I was an air traffic controller in the military. I now have an opportunity to change my position to become a GS-2152 air traffic controller with the Defense Department. My question, since both law enforcement officer and air traffic controller positions have special retirement provisions, is how would my retirement calculation be handled? Would I still be able to retire under special provisions at 20 years/50 yrs old?

A. No you wouldn’t be eligible to retire under the special provision. Under FERS, there are separate statutory provisions for law enforcement officers and air traffic controllers. Therefore, those two kinds of service cannot be combined.


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