In my two previous articles, I talked about retirees whose annuities stopped when they returned to work for the government and those whose annuities continued but whose salaries were offset by the amount of their annuities. This time I want to talk about that small group of reemployed annuitants who will be able to receive both their annuity and a full salary.
In the past, these exceptions related solely to positions for which there is exceptional difficulty in recruiting or retaining a qualified employee, a direct threat to life or property, or a circumstance that warrants emergency employment. You can read about the rules governing these exceptions in 5 CFR Part 553.
Recently OPM expanded the definition of what constitutes "unusual circumstances" under which waivers of the requirement to offset a reemployed annuitant’s salary can be made. Added to the list are emergency hiring needs, severe hiring difficulties (broadly defined), and the need to retain a particular individual who is uniquely qualified for a specific project. OPM has even left the door open to respond favorably to other agency requests that meet the unusual circumstance criterion.
In addition, there are special provisions of law applying to certain agencies or portions of agencies that allow concurrent receipt of annuities and salaries. By and large, these are found in DoD, the FBI and elements of the intelligence community.
Although reemployed annuitants under these authorities are paid as civil servants, they are not considered federal employees for retirement purposes. In other words, if you land one of these positions, in no case can the time spent in these positions be used to qualify you for either a supplemental or re-determined annuity.
If you are a retiree who is being considered for reemployment by a federal agency, be sure to ask if one of the exceptions above applies to you. If it does, you’ll be one of the fortunate few who will be able to continue receiving your annuity and the full salary of your new position.
