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Retirement Planning


Whether you are close to federal employee retirement or just starting out in your career, this is the place to share ideas with your federal colleagues on creating a secure financial foundation.


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tommyboy  
#1 Posted : Thursday, March 18, 2010 8:36:49 PM(UTC)
tommyboy

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I have a question.  I spent 6 years in a Federal Law Enforcement position under FERS.  I left that agency and went to another one 4 years ago.  My current position is non-high risk and I get standard FERS retirement.  A position opened up and I was wondering if I would regain High Risk Retirement.  It would mean I could retire in 14 years if I would be covered.  Below is what is says in the job anouncment.  Some of the HR people I have talked to say you must come directly from a primary LE position to regain High Risk; Others say you just have to have three years of High Risk coverage.  What do you think?

"This is a secondary law enforcement position.  Individuals selected
who are under the Federal Employees Retirement System (FERS) and who
have not had three years "primary" law enforcement retirement coverage,
will not be covered by law enforcement retirement while in this
position.  To regain coverage, individuals must return to a position with "primary" coverage
."

Sealawyr  
#2 Posted : Thursday, March 18, 2010 10:28:51 PM(UTC)
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HR is correct.  You must transfer directly from a primary LEO covered position in order to be covered in a secondary position.  The only way you can regain LE retirement status is to return to a primary position for at least 3 years.  The reference is Title 5, U.S. Code, Section 8401(17).
tommyboy  
#3 Posted : Friday, March 19, 2010 1:07:59 AM(UTC)
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Thanks,  this information will help me make an informed decision.
tigro  
#4 Posted : Thursday, March 25, 2010 9:24:18 AM(UTC)
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Hello,

I was in training as a Federal Law Enforcement Officer, when I was injured.  Now, I was assigned to a new position within my "restrictions" or "disability."  Although, I'm not a Fed LE, I was told it's considered a law enforcement position, however, unarmed.  Also, I was told the "20" year retirement applies.  Can you tell me how FERS will work in this situation? I knew nothing of a primary or secondary.  Do these terms apply to my situation?  I went from a Border Patrol Agent Trainee to a Sector Enforcement Agent. 

Also, can you provide me some advice as to the best way to invest in my retirement (TSP, FERS)? I'm 39, and really confused at how the governments retirement will work for me.  Thanks.

junkmail  
#5 Posted : Sunday, March 28, 2010 11:14:49 PM(UTC)
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Tigro, one of the best ways to learn about the Federal Employees Retirement System (FERS) is by reading that portion of the CSRS and FERS Handbook which applies to FERS.  It is available at http://www.opm.gov/retire/pubs/handbook/hod.htm  For the LEO/FF retirement requirements refer to Chapter 46, available at http://www.opm.gov/retire/pubs/handbook/C046.pdf  Primary and secondary positions are discussed in the chapter.  For how the LEO/FF annuity is calculated refer to Chapter 54, available at http://www.opm.gov/retire/pubs/handbook/C054.pdf

The best way to understand the TSP is to visit the TSP site at www.tsp.gov and read the information provided.

After you have studied the above reference materials, if you still have questions post them.

48shore  
#6 Posted : Thursday, June 24, 2010 5:21:55 AM(UTC)
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Sealawyr:
 
There is a reg that permits the "primary position experience" can be attained "outside the ferderal government".  So if a person has the primary position experience that was gained outside the federal government, can that person, if selected to a "secondary" federal law enforcement position, be placed into the LE retirement system???
ebhjr  
#7 Posted : Monday, June 28, 2010 7:18:22 AM(UTC)
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junkmail  
#8 Posted : Wednesday, July 07, 2010 8:47:41 PM(UTC)
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48shore, what Reg are you referring to?  The information you provided makes it sound like a hiring standard. 

You might be allowed to use "primary position experience" attained outside the federal government to qualify for a secondary LEO position.  However, that experience will not qualify you for the special LEO retirement.  As the original quote provided by Tommyboy shows, a secondary LEO position does not confer Federal LEO status on the holder.

Sealawyr provided the reference where "law enforcement officer" is defined.  You can find Title 5, U.S. Code, Section 8401(17) at: http://www.law.cornell.edu/uscode/html/uscode05/usc_sec_05_00008401----000-.html

 
 
48shore  
#9 Posted : Wednesday, July 21, 2010 4:57:32 AM(UTC)
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Junkmail:
 
I read tommyboy's quote to which you referred.  That reg applies to someone already in the FERS system who is selected for a "secondary" LE position but does not have the requisite 3 years of "primary" position experience and hence, cannot be covered as an LE in the "secondary" position.  I get that.  My question is different.  Since the regs permit the requirement of 3 years of primary experience can be attained "outside the federal government", is there any reg that specifically prohibits LE coverage for someone appointed to a "secondary" position who's "primary" qualifying experience was gained from outside?? 
Sealawyr  
#10 Posted : Wednesday, July 21, 2010 9:27:21 PM(UTC)
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I assume the reg you are referring to is the 5 CFR 842.802 definition of "secondary position."  That says a secondary administrative position is one for which primary experience (inside or outside the government) is a mandatory prerequisite.  To be covered in a secondary position, you must be both in a covered position and personally eligible.  This definition only concerns whether a given position is covered - it has nothing to do w/ personal eligibility.  I'm not aware of any way someone without 3 years Federal LEO service could receive secondary coverage, even if they're in a recognized secondary position.
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