Another Attig Law Firm client has been successful in his Catch 62 appeal to the MSPB! Earlier this month, the Office of Personnel Management (OPM) withdrew its decision reducing our client’s civil service annuity. OPM had previously reduced the annuity because it claimed that our clientfailed to make the military service credit deposit prior to his retirement.

Our client retired as a federal employee and began collecting a civil service annuity in the early 1990’s. When he reached age 62 years of age, OPM reduced his annuity pursuant to provisions known in civil service circles as the “Catch 62 provisions”.

“Catch 62 provisions” allow certain federal employees with post-1956 military service to buy their military service into their civil service annuity. Employees who do this before retirement receive a larger monthly annuity throughout their entire retirement. Employees who do not make this deposit before retirement will have their annuity reduced at age 62.

After OPM reduced his annuity, our client appealed to the Merit Systems Protection Board (MSPB) and retained the Attig Law Firm to represent him.

The MSPB is an independent, bipartisan, Federal Executive Agency that reviews actions of OPM to assess how those actions affect the Merit Systems of Federal employees and retirees. OPM is a Federal Executive Agency tasked with, among other things, administering benefits of Federal civil servants and their survivors.

In the course of the MSPB litigation, the Firm learned that our client had been part of a massive early retirement effort by his Agency about 15-20 years ago. In that effort, the Retirement Benefits Specialist told our client, essentially, that the only thing the military service credit deposit did was increase his years of creditable service (as well as other false statements about the impact of not making the military service credit deposit).

The Attig Law Firm argued that this statement alone was “administrative error“, requiring reversal of the OPM decision. Additionally, there was some indication in the retirement paperwork that our client had attempted to make the deposit prior to the retirement, but was stopped from doing so by the poor advice of the retirement benefits specialist.

Based on these facts, attorney Chris Attig filed pre-hearing submissions in the case, and shortly after a hearing was set and confirmed by the Administrative Judge, OPM withdrew its decision reducing our client’s annuity. Our client will be permitted to make a late deposit of the military service credit and will shortly begin to receive his entire monthly annuity payment from OPM.

Had this case proceeded to hearing, I feel confident that the Administrative Judge would have found administrative error. The client’s story was consistent with the retirement paperwork, and OPM was unable to produce any witnesses or evidence to challenge his version of the event. What’s disturbing is that our client retired in the mid 1990’s. It took about 10 years for the Agency’s administrative error to catch up with the retiree.

The Attig Law Firm, PLLC, is a Dallas, Texas, law firm that provides nationwide legal representation for Federal Employees, annuitants, and the Survivors of annuitants before the MSPB.

No post on this website is legal advice, is meant to be legal advice, and certainly does not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the federal employee, with some power. This information is not widely or easily accessible to Federal Employees.

It is best to consult with a lawyer familiar with Merit Systems Protection Board (MSPB) appeals to discuss the facts and law of your particular case. If you have questions about Catch 62 issues, or OPM’s reduction of your retirement annuity at age 62, contact an MSPB attorney at the Attig Law Firm, PLLC, to schedule a telephone consultation.