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Pete  
#1 Posted : Tuesday, September 13, 2022 6:27:33 PM(UTC)
Pete

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Hi all
So 4 years ago I had some health issues and thought it was time to hang up my gear. I meet 6c retirement requirements with 22 years at age 52. I took a job as a 2151 dispatcher and have worked for 4 years. No Breaks. Got my retirement estimate and was told I do NOT qualify for 6c retirement, because my last 50 stated I was Standard FERS. They (Army Ft Reiley CP) states issues with special category retirement are for the local HR to deal with. I spoke to the HR who conferred with CAPAC at Ft Huachuca and was told because my status has changed it cannot be changed back, I'm not only no longer eligible to retire 6c, I'm not currently eligible to retire at all until I complete 30 yrs service. This was not a reassignment for RA, and I had to sign a document I was aware I was taking a downgrade to GS-5 From GS-7. To my knowledge there was nothing about 6c eligibility.

I have been told since I started in 94 if I worked to meet 6c requirements I could go and cut grass or be a ablebody seaman after 20/50 or 25years and I would just add 1% each year to my total time after 20 years. The first 20 remain 6c at 1.7%

Did I screw myself and if so what is the relevant USC/REG/Case law for this?
roger.d  
#2 Posted : Wednesday, September 14, 2022 3:06:50 PM(UTC)
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Originally Posted by: Pete Go to Quoted Post
Hi all
So 4 years ago I had some health issues and thought it was time to hang up my gear. I meet 6c retirement requirements with 22 years at age 52. I took a job as a 2151 dispatcher and have worked for 4 years. No Breaks. Got my retirement estimate and was told I do NOT qualify for 6c retirement, because my last 50 stated I was Standard FERS. They (Army Ft Reiley CP) states issues with special category retirement are for the local HR to deal with. I spoke to the HR who conferred with CAPAC at Ft Huachuca and was told because my status has changed it cannot be changed back, I'm not only no longer eligible to retire 6c, I'm not currently eligible to retire at all until I complete 30 yrs service. This was not a reassignment for RA, and I had to sign a document I was aware I was taking a downgrade to GS-5 From GS-7. To my knowledge there was nothing about 6c eligibility.

I have been told since I started in 94 if I worked to meet 6c requirements I could go and cut grass or be a ablebody seaman after 20/50 or 25years and I would just add 1% each year to my total time after 20 years. The first 20 remain 6c at 1.7%

Did I screw myself and if so what is the relevant USC/REG/Case law for this?


I would contact one of your Congressional representatives to have them research this.

But it looks like you may have to wait until age 60, with 20 years of service to receive a "full" pension. And that may only be at 1%.
Socialist governments traditionally do make a financial mess. They always run out of other people’s money. --Margaret Thatcher
smithandjones  
#3 Posted : Friday, September 16, 2022 7:40:49 AM(UTC)

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I suspect what you were told is you could retire as 6c and then come back to work as a reemployed annuitant in other positions. Not just change jobs. I also suspect whoever advised you did a poor job of it. Getting more official advice or assistance from Congressional Rep. makes a lot of sense.

That really sucks and I hope you can find the assistance you need.
smithandjones  
#4 Posted : Friday, September 16, 2022 8:48:53 AM(UTC)

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You could try arguing that you were transferred to a "secondary position" within the meaning of 5 CFR 831.902. https://www.ecfr.gov/cur...ubpart-I/section-831.902

But that section states that any "secondary position" either be supervisory or an administrative position that REQUIRES "experience in a primary law enforcement or firefighting position, or equivalent experience outside the Federal government." Unfortunately, your GS series by itself does not have that requirement. Did the job announcement include such a requirement?

Edited by user Friday, September 16, 2022 8:56:53 AM(UTC)  | Reason: Not specified

bp340  
#5 Posted : Sunday, September 25, 2022 12:15:57 AM(UTC)

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I believe your HR is completely wrong as this questions has been answered numerous times in the LE community. Once you’ve completed your 20 covered years, be it as an LEO or FF under 12D (for FERS it’s 5 U.S.C. 8412(d)), you’ve locked in the enhance retirement and should be free to move to a non covered position. I would speak with an attorney as your agency HR seems not up to the task. Good luck.
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mefed on 9/27/2022(UTC)
GSBS  
#6 Posted : Sunday, September 25, 2022 1:44:52 PM(UTC)
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This is what Reg Jones says, former benefits director at the OPM. He is never wrong!


Q. I am 42 with 21 years of 6C FERS retirement service.

I have been offered a non-6C position. If I take this position, can I still retire at 46 with 25 years’ total service and with all of the 6C retirements perks, such as the Social Security special retirement supplement? I have heard that if I leave 6C, I would then have to work until age 50 and might lose some of the 6C retirement benefits.

A.If you stay in a covered position, you can retire when you have 25 years of service. If you leave for a noncovered position, you can retire when you reach age 50. Regardless of when you retire, you would receive an enhanced benefit for those 20 years of covered service and the special retirement supplement.

mefed  
#7 Posted : Tuesday, September 27, 2022 3:45:12 AM(UTC)
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Originally Posted by: Pete Go to Quoted Post
Hi all
So 4 years ago I had some health issues and thought it was time to hang up my gear. I meet 6c retirement requirements with 22 years at age 52. I took a job as a 2151 dispatcher and have worked for 4 years. No Breaks. Got my retirement estimate and was told I do NOT qualify for 6c retirement, because my last 50 stated I was Standard FERS. They (Army Ft Reiley CP) states issues with special category retirement are for the local HR to deal with. I spoke to the HR who conferred with CAPAC at Ft Huachuca and was told because my status has changed it cannot be changed back, I'm not only no longer eligible to retire 6c, I'm not currently eligible to retire at all until I complete 30 yrs service. This was not a reassignment for RA, and I had to sign a document I was aware I was taking a downgrade to GS-5 From GS-7. To my knowledge there was nothing about 6c eligibility.

I have been told since I started in 94 if I worked to meet 6c requirements I could go and cut grass or be a ablebody seaman after 20/50 or 25years and I would just add 1% each year to my total time after 20 years. The first 20 remain 6c at 1.7%

Did I screw myself and if so what is the relevant USC/REG/Case law for this?


I would definitely contact a lawyer. The law is very clear about retirement eligibility. There are no requirements that you retire directly from your 6(c)/12(d) covered position. Once you reach the minimum retirement eligibility, you have met the minimum retirement eligibility. You will most likely have to apply for retirement and be denied in order to get standing for a court to decide.

Edited to add: You exact situation is covered on page 23 section B of chapter 46 in the FERS Handbook.

Edited by user Tuesday, September 27, 2022 3:59:10 AM(UTC)  | Reason: Not specified

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