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I am a current FERS employee who will be separated soon for declining a position outside of my commuting area. I am 57 with 20 years, which qualifies me for a DSR. If my employer does not complete OPM 1510, which certifies my ability for a DSR, will OPM still consider DSR request if I file after removal? Blocked by moderator
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Private answer
First, the mere fact that you declined a position outside of your commuting area is not solely qualifying for a Discontinued Service Retirement. If you qualify for a DSR, you should file before you leave federal service. Blocked by moderator
<p>Ms. Lumsden,</p>
<p>Thank you for your response. It sounds like I must file with OPM directly if my Agency will not complete the OPM Form 1510. That’s really what I’m trying to understand. You are correct that an offer outside the commuting area in and of itself is not enough, but my question is more fundamental. I also agree that OPM has final say, but I’m trying to determine, absent an appeal with MSPB, what my options are. If you don’t know, I appreciate that as well. </p>
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Private answer
To qualify for the DSR, you must receive specific written notice of the proposed involuntary separation and the letter must state the date the proposed action is to be effective. You would then resign in lieu of the involuntary separation and file your retirement application with the agency. Blocked by moderator
<p>Ms. Lumsden </p>
<p>Thank you. I suppose an employee could also wait to be removed and then file with the Agency within 30 days of separation without a real downside.</p>
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Private answer
I do not understand what you mean…file a grievance? Why not just follow procedures for the DSR and the agency will need to submit the proper paperwork. They cannot just say “we wont do it.” Do you have your proposed action letter yet? Blocked by moderator
<p>Hi Ms. Lumsden,<br />
What I meant was accept the removal and file my retirement application w/the Agency within 30 days. My concern is I’m not sure if the Agency will file the 1510 cert. if they don’t believe a DSR was triggered by the MDR, which goes back to your earlier statement (correct I might add) that a MDR outside the commuting area may not be enough.</p>
<p>My bottom line concern about the 1510 is the language on the form which suggests that if a 1510 doesn’t accompanying the retirement package, OPM can reject it or accept it and process as a voluntary retirement assuming I’m otherwise eligible. In that case, I do not want to take the pre-62 age reduction under FERS. Yes, I have proposed letter that seems to follow OPM Chapter 44, with a proposed effective date no earlier than 30 days after my receipt of it. I guess I question the latter language as meeting OPM\’s requirement that the proposal state the date the proposed action is to be effective. Perhaps it does. Again, thanks.</p>
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Private answer
Can you please contact me outside this forum? At my site http://www.elumsden.com you can send me a message directly. I think one of us is missing something and it might be easier to communicate that way to be sure I am getting the entire picture and hopefully lessen your concerns. With a DSR, it is always OPM’s decision whether the retirement meets the definition of said retirement…they just need the backup documentation so they can make that decision. Blocked by moderator
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Private answer
The Agency can indeed refuse to complete and submit a 1510. It happened to my wife. She had 26 years of creditable service and they relocated our Army Battalion outside a reasonable commuting distance. Her request to be allowed to work from an alternate location (which WAS available) was denied. They said it was an issue of “accountability” and they didn’t want to “set a precedent”. Her request to telecommute was denied as well, even though she had been working from home most evenings and at least 8 hours every weekend for 7 years to keep up with the work load (she was the RM and did all the travel – DTS). She appealed all the way up to the USAREC CG and he wouldn’t write her back or even acknowledge her e-mails. We tried to file a “congressional” but they wouldn’t investigate it saying it was a personnel matter. OPM would not intercede without the 1510 and my wife ended up taking a pay reduction of approx. $500 per month for life!! The Govt. says they value their employees, and she was a highly decorated and well appreciated employee during her career, but she was treated like garbage when she declined the job at the new location (48 miles from our old office and 90 miles, one-way, from our home). We eventually quit trying and just sucked up the pay penalty but it sure left a bad taste in our mouths…. Good luck in your quest but I’m afraid your fighting a losing battle. Blocked by moderator
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Private answer
This topic is of great interest to me as well. I am a candidate of DSR not because I am being forced out but because my HR says I can go DSR 1.5 years ahead of my MRA. Now please let me fill in the blanks. I am a technician and there are some OPM rules which seem to benefit technicians. My cube mate and I were both replaced by active duty air fore members thus rendering us with no duties however we have the option to go out on DSR, wait for our MRA or go into priority placement which can take up to a year. At age 54 and with 36 yrs FERS time I am excited at the opportunity to retire early especially given my TSP has delivered a somewhat robust ROI and its available at age 55. My dilemma is this, my agency will not provide me with letters stating my position was abolished/realigned unless I retire from the reserve military side first making me ineligible for the civil service position. So if the agency can deny the 1510 as in Tom’s case then OPM can deny a DSR and I risk being put out on the street as separated and not retired right? After reading Tom’s story it only stands to reason that no one is safe from bureaucratic complacency and negligent injustice. I want to go in Jan 18 since I turn 55 then but I don’t feel that there is a reasonable assurance in my safety. Furthermore, forget trying to reach OPM by phone or email for guidance, they have build a shield around themselves. Blocked by moderator
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Private answer
As a Military Reserve Technician there are different rules with respect to early retirement. Please see the following link beginning on page 56: https://www.opm.gov/retirement-services/publications-forms/csrsfers-handbook/c046.pdf Basically what it says is if you were involuntarily separated from technician service due to disability or any other reason by the employing agency, MRTs are entitled to an immediate annuity if hired before 02/10/1996 and are age 50 with 25 years of FEDERAL service OR if hired after 02/09/1996 can retire at age 50 with 20 years of TECHNICIAN service or at any age with 25 years of TECHNICIAN service. This retirement differs from a traditional DSR because the FERS retiree supplement is paid immediately and COLAs are calculated on the retirement immediately. Blocked by moderator
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