Welcome Guest! To enable all features please Login or Register.



Federal Employees: You be the Judge

Get real-life reviews of key court cases involving federal employees. Share your opinion on the outcomes of these cases, or participate in other discussions about workplace issues that may impact your job.

Be civil when debating with others in the forum. Uncivil remarks toward any other forum member is prohibited on FederalSoup and should be reported immediately.

To read today's top news stories on federal employee pay, benefits, retirement, job rights and other workplace issues visit FederalDaily.com.

Go to last post Go to first unread
#1 Posted : Wednesday, October 03, 2007 6:36:10 AM(UTC)

Rank: Newbie

Groups: Registered
Joined: 10/3/2007(UTC)
Posts: 3

I was advised by my CPAC personnel to hold off on combining my Civil Service and Military time. She said if I waited until the divorce was finalized that my spouse would only be eligible for a percentage of the 5 years I have in CS now instead of 20 years with the add 15 from the military.

If this is true, it seems as though no one can quote me a page and or paragraph from the FERS handbook. Please advise.

Oh by the way, I live in the dreaded state of California.
#2 Posted : Wednesday, October 03, 2007 7:10:32 AM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 4/30/2002(UTC)
Posts: 521

Were you married the entire 20 years? Seems like a hypothetical situation, whereas her attorney if he has any smarts will put 2&2 together and come up with the most beneficial scenario for the client. To say you're not now and won't blend your service times, may be beyond your control. They can impute a dollar figure and then add that amount to the marital assets. Of course there's the proration impact,length of service and length of marriage till either separation or divorce. As an example,of valuations, present value(Amount of Deductions), future value(Amount of Annuity). Something that needs to be discussed with your attorney. Good Luck!
#3 Posted : Wednesday, October 03, 2007 8:38:50 AM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 10/9/2001(UTC)
Posts: 1,536

Discuss this one with your attorney.

It may be a good idea to hold off, but the other side may see thru it. If so, the other side may ask the court to imput a value to your pension as if you were vested for 20 years vs. five.

You won't see this one addressed in the FERS and CSRS Agency Handbook. Courts divide marital property, not OPM. Your possible pension entitlement is a matter of what constitutes community property in the state of CA. Length of the marriage is also an issue.

Legal advice should come from attorneys. Very few people working in HR really know the finer points of state family law on these matters.
#4 Posted : Saturday, October 06, 2007 5:55:14 AM(UTC)

Rank: Groupie

Groups: Registered
Joined: 2/19/2002(UTC)
Posts: 55

At the time that you two separated and filed for divorce, you probably receive court orders directing to not engage in major financial transactions until the marital property settlement issues are resolved. Doesn't look like your marital property settlement is resolved.

If you want to make that deposit, you must do so with funds that clearly are not subject to community property issues. Do you have such funds available to you? For example, did you receive a personal injury settlement for "pain and suffering" as opposed to lost wages? Did you receive an inheritance?

On the other hand, if you have some dollars in an account that only has your name on it, that probably is not enough to exclude the account from the "marital estate" for community property purposes. This later statement may especially apply if the money in the account was derived from your earnings while employed during your marriage. If you withdraw funds from such an account, you may be in violation of the court order. That's never a good thing. If what you purchase with such funds is additional years of service for your pension, you also may give your spouse a claim on the asset in question, in this case an enhanced pension.

Because you two have separated, you may be able to start repaying that military deposit via a deduction from your current earnings since these earnings likely are not in the community property pot. Generally, the line gets drawn at the time of separation. Assets acquired post separation (as long as community property funds are not used for the acquisition), usually are the separate property of the person doing the buying. However, if your situation is like that of most people getting a divorce, your expenses are high and you probably can't afford the deposit at this time, if it has to come via a deduction from your paychecks.

Even then, as ejm noted, it may not be enough that you used separate funds to buy the additional years of service, but it probably would help.

If your attorney does tell you that certain of your assets are exempt from community property issues, such as an inheritance, then you may be able to use those funds to make this military deposit. I would ask for written legal opinion before taking action. Also, especially in the case of an inheritance, the inheritance can lose its separate property status if it was commingled with marital assets in such a way as to be unable to trace the seperate origin of the funds.

CAUTION. I am not an attorney, although I am in CA. The best piece of advice here is that you consult with your own attorney about what you can or cannot do here. I know that postponing the deposit until your marital property settlement is final does mean that you will pay more interest. But, that looks far less expensive than doing something that may give your soon to be ex some kind of claim on your pension.
Rss Feed  Atom Feed
Users browsing this topic
Forum Jump  
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.

This page was generated in 0.597 seconds.