MSPB: Administrative Error by FAA in Catch-62 case (Military service credit deposit)

By Chris Attig | Permalink
December 7th in Catch 62 Appeals (Military Service Credit Deposit), Federal Whistleblowers, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

Yesterday, I wrote about another employee who was caught by Catch-62. Today, some good news. An  MSPB Administrative Judge reversed OPMs decision reducing a retiree’s benefits by finding that the retiree’s employing Agency had committed “administrative error”. (Click here to learn more about what administrative error is).

In this case, the employee was an Air Traffic Controller with the FAA. He was advised that so long [...]

MSPB: Another employee caught by Catch-62

By Chris Attig | Permalink
December 6th in Catch 62 Appeals (Military Service Credit Deposit), Federal Disability Retirement, Federal Whistleblowers, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

Another retiree appears to have been caught by “Catch 62“. In October 2008, an  MSPB Administrative Judge found that the retiree did not prove “administrative error” that would require him to order OPM to reverse its decision.

Civilian employees of the federal government who have served in the military may, by making a pre-retirement deposit, buy their post-1956 military service into their federal retirement annuity. By paying a percentage of their military earnings [...]

Federal Disability Retirement: Administrative Judge reduces OPM schedule for repayment of overpaid disability retirement benefits.

By Chris Attig | Permalink
November 25th in Federal Disability Retirement, Federal Whistleblowers, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

Earlier, I posted about the process to seek waiver (or reduction of repayment schedule) of an overpayment of retirement benefits.

To give you an idea how this works in reality, I thought I’d break down a recent MSPB Initial Decision (San Francisco Regional Office, October 2008).

In that case, the Appellant received an overpayment of retirement benefits. She had applied, and was granted, disability retirement from OPM in 2004. It took until 2007 for her to receive [...]

Federal Disability Retirement: How much will my disability retirement annuity be?

By Chris Attig | Permalink
November 23rd in Federal Disability Retirement, Federal Whistleblowers, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

How much will my disability retirement annuity be?

Generally speaking, your FERS disability retirement annuity will be 60% of your high-3 average salary minus 100% of your Social security benefit for the first 12 months. After 12 months, the FERS disability retirement annuity is reduced to 40% of your high-3 average salary minus 60% of your Social Security benefit. Please see the OPM Website for a chart that explains when this general computation [...]

New and Improved ADA? The Americans With Disabilities Amendments Act of 2008

By Chris Attig | Permalink
November 21st in MSPB - Adverse Action Appeals (Performance and Discipline).

Earlier this fall, Congress passed the Americans with Disabilities Amendments Act of 2008. The Act takes effect on January 1, 2009, but most attorneys – private sector and government sector alike – are unfamiliar with the strictures of the new law.

Most practitioners that are aware of the ADA Amendments Act are unsure of how the new law will affect disabled employees; generally, most of us are excited about the broadened protections that the [...]

MSPB: Administrative Error by Dept. of Navy in Catch-62 case (Military service credit deposit)

By Chris Attig | Permalink
September 25th in Catch 62 Appeals (Military Service Credit Deposit), Federal Whistleblowers, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

Another MSPB Administrative Judge reversed OPM’s decision reducing a retiree’s benefits by finding that the retiree’s employing Agency had committed “administrative error”. (Click here to learn more about what administrative error is).

In this case, the employee retired from the U.S. Department of the Navy in 2000. He filled out the standardized retirement forms, with the language that OPM and [...]

MSPB: Administrative Error by Federal Agency in Catch-62 case (Military service credit deposit)

By Chris Attig | Permalink
August 15th in Catch 62 Appeals (Military Service Credit Deposit), Federal Whistleblowers, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

An  MSPB Administrative Judge reversed OPMs decision reducing a retiree’s benefits pursuant to Catch 62 provisions, by finding that the retiree’s employing Agency had committed “administrative error”. (Click here to learn more about what administrative error is).

Click here to learn more about Catch-62 provisions and how it affects retirees under FERS and CSRS.

In this case, the [...]

EEOC: Attig Law Firm Client prevails in discrimination claim

By Chris Attig | Permalink
August 10th in Federal Whistleblowers, MSPB - Adverse Action Appeals (Performance and Discipline).

A client of the Attig Law Firm, PLLC, prevailed in her claims of discrimination against the United States Postal Service. Names of individuals involved and their locations will not be revealed at this time.

The client is a Rural Carrier Associate, and alleged that she was discriminated against on the basis of her race, age and sex, when the Agency issued a 14 day paper suspension, when she was denied the use of postal vehicles, when she was denied assistance [...]

MSPB: OPM and Waiver of overpayment of retirement benefits.

By Chris Attig | Permalink
August 2nd in Federal Disability Retirement, Federal Whistleblowers, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

Here is a question we have seen with increasing regularity over the past several months. A Federal employee/retiree has been receiving disability benefits through OPM, and for some reason or another, OPM determines that the employee/retiree has been overpaid benefits. OPM determines a repayment schedule that is onerous, and it some cases, unconscionable.

The question is this: can a Federal retiree seek waiver of an overpayment of benefits?

Generally, the answer is [...]

MSPB: Recent Decision on Catch-62 provisions

By Chris Attig | Permalink
June 29th in Catch 62 Appeals (Military Service Credit Deposit), Federal Disability Retirement, Federal Whistleblowers, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

On June 20, 2008, the full MSPB issued a decision that helped to clarify the rights of retired civilian federal employees under what are commonly referred to as “Catch 62” provisions. Click here to read the decision in its entirety.

Civilian employees of the federal government who have served in the military may, by making a pre-retirement deposit, buy their post-1956 military service into their federal retirement annuity. By paying a percentage of their military earnings to their employing [...]

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