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Disability Retirement

The federal government allows employees who are unable to work to retire under a disability retirement. It is in the best interest of both employees and the federal government for employees to remain gainfully employed in their current grade or pay level, as long as they can provide useful and efficient service without endangering themselves, others or government property.
Disability retirement should be the very last option and should be used only when attempts have been made to preserve an individual's employment, and those attempts have failed.

Order our Disability Retirement guide to educate yourself on the rules and regulations concerning disability retirement for federal employees.

To read today's top news stories on federal employee pay, benefits, retirement, job rights and other workplace issues visit FederalDaily.com.
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#1 Posted : Wednesday, July 20, 2022 4:30:34 AM(UTC)

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I am currently in an LE position with special pays included in Title 6 USC sec 8331(3). That section defines basic pay and includes some pays that are essentially overtime and are subject to FERS contributions. Specifically this section includes special overtime pays including AUO, LEAP, BP overtime pay and Customs officer Pay Reform Act overtime. The written guidance I have received from a contact at OPM stated any job offers received as a reassignment reasonable accommodation must also include that amount. I was advised that just because I am offered a job that does not include those pays does not mean the offer does not meet the ay requirements. The only way I can see an offer being made that does not include those pays and still be valid is if the agency also provides a step increase to make up the difference. The legislation and regulations I have read support the information I received from OPM. In short OPM laws/regulations I have seen state a vacant position must be at the same grade or pay, with pay or grade meaning grade and an equivalent amount of basic pay. Basic pay means pay subject to FERS contributions.

So with that my question. Has anyone seen a case where a person receiving one of the mentioned special pays under 8331(3) turn down a reassignment offer without those pays and still be approved for DR? I have not read any MSPB cases addressing this issue so have been unable to determine if a case was brought where the MSPB changed any of the regulations or laws.

Edited by user Wednesday, July 20, 2022 4:31:57 AM(UTC)  | Reason: Not specified

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