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Calculating your FERS retirement may seem complex, but we can help you determine the right amount with ease. A FERS disability retirement calculator is exactly what it sounds like. So you want to know how to calculate federal retirement. It is a tool you can use to calculate the amount of payment you will receive if you retire due to a disability. Of course, this calculator tool is applicable only if you are a federal employee retiring through the FERS disability retirement program.  For immediate assistance, please don’t hesitate to contact or call (833) 833-3529 to reach our experienced FERS disability lawyers. How is FERS Calculated? A FERS disability retirement pay calculator works just as any other calculator does. You give the calculator a set of inputs and parameters, and the calculator gives you an answer. The output could be your annual payment (referred to as an annuity). Or it could be your monthly or weekly payment. On the other hand, your output could be the total amount of money you will receive over X amount of time (36 months, 20 years, etc). It all depends on what you ask the calculator to give as its output. It is up to you.  Many of the FERS retirement calculations depend on your high-3 salary. OPM defines your high-3 as the highest average basic pay you earned during any 3 consecutive years of service. Your basic pay is your basic salary paid for your position. This includes salary increases for which FERS retirement deductions are withheld, such as shift rates. It does not include payments for overtime, bonuses, etc. Further, if one’s total service was less than 3 years, the average salary is figured by averaging basic pay during all periods of creditable Federal service. The best way to find your high-3 average salary is to get a FERS benefit to estimate from your Agency. This report will show the official figures that will be sent to OPM.  While the OPM website does not have a specific calculator tool, they publish information on how they make the calculations online. Here, we summarize those guidelines. FERS Disability Computation If You Have Reached the Age of Retirement If you are age 62 or older when you retire due to a disability, the following FERS calculation applies. The calculation also applies if you meet the age and service requirement for immediate voluntary retirement and suffer from a disability. This calculation is known as an “earned” annuity since you have otherwise met the qualifications for retirement benefits. ‘ The calculation goes one of two ways. If you are 62 or older when you retire and have less than 20 years of service with the federal government, or are under 62 years old but qualify for immediate voluntary retirement, your annuity calculation will be 1% of your high-3 average salary for each year of service. Thus, if you serve eighteen years, your annuity is 18% of your high-3 average salary. Your high-3 average salary is the highest average basic pay (minus overtime) you receive for three consecutive years during your employment. If your salary tops out at $65,000 for three years, that’s your high-3 salary. If your annual salary was $55,000 three years before your disability, then $65,000 per year for only two years before the disability, your high-3 average salary is the average of $55,000, $65,000, and $65,000. If you are 62 years old or older and have at least 20 years of service to the federal government, your annuity calculation is different. Your annuity calculation is 1.1% of your high-3 average salary for each year of service. So if you have 20 years of service at this point, your annuity is 22% of your high-3 average salary. Because the calculations for disability retirement for someone 62 years old or older are the same as regular voluntary retirement, it generally does not make sense to apply for FERS disability if you are at least 62 years old.  Related Article: Minimum Retirement Age (MRA) for Federal Employees FERS Disability Computation If You Have Not Reached the Age of Retirement For these calculations, the assumption is that you are under the age of 62 at the time of retirement and not eligible for voluntary retirement at that time. There are 3 tiers given: For the first 12 months, your annuity calculation will be as follows: Your base annuity is 60% of your high-3 salary. If you receive social security, the total amount of your social security payment is subtracted from your FERS annuity as a 100% offset. If your “earned” FERS annuity is greater than this amount, your earned annuity will be your annuity payment. After the first 12 months, before you reach age 62, your base annuity calculation will be reduced to 40% of your high-3 year salary. If you receive social security, 60% of that amount will be drawn from your annuity. Just like the first 12 months, your “earned” annuity will be your annuity payment if that amount is greater than the base annuity (minus the social security offset). Once you reach age 62, FERS will recalculate your annuity from that point on. It will be the annuity you would have had if you were able to work until the day before you turn 62 and retire under FERS. In other words, the service computation reverts to the one we outlined above. What Are Disability Annuity Reductions? In some situations, your disability annuity can be reduced due to elections made during the application process. The main situation where this happens is when you are married and have a survivor benefit election. Unless your spouse consents to you electing a smaller than ‘full’ survivor annuity (which you establish at the beginning of your employment term), your annuity faces a reduction of either 5% or 10%. If you elect survivor benefits that are 50% of your benefit, a reduction of 10% occurs. On the other hand, if you elect survivor benefits of 25%, a 5% reduction occurs....

When you’re expecting a promotion and have been passed over for promotion by less qualified candidate, it can be frustrating. You may be wondering why you were passed over in favor of someone else, especially if they aren’t as qualified as you are. If you ask your boss and don’t get a satisfactory answer, there may be a reason. Unfortunately, discrimination in the federal workplace is not a new problem. Being passed over for a promotion in favor of a less-qualified candidate is not uncommon either. If you suspect you’re the victim of workplace discrimination, you need to contact a skilled federal employment lawyer right away. Feeling frustrated after being overlooked for a promotion in favor of a colleague who appears less qualified is understandable. However, it’s important to respond with professionalism and maintain an objective perspective. Discrimination in Promotion or Non-Selection Federal employers can choose to hire and promote someone for numerous legitimate reasons. However, the law prohibits employers from passing on an employee if their motives are rooted in certain types of discrimination. Actions that are even somewhat discriminatory are unlawful. Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating in any facet of employment, including hiring, termination, referral, promotion, etc. The Equal Employment Opportunity Commission (EEOC) is the agency that enforces these laws.   Employers cannot refuse to promote or hire someone because of: Proving discrimination is not necessarily easy, but it’s not impossible. If you believe you were discriminated against, you have the right to take legal action against your federal agency. To better understand what workplace discrimination looks like, here are several other examples: If you are considering pursuing a formal complaint about your missed promotion, you need to act quickly. You don’t have a lot of time to initiate your EEO complaint. What to Do When You Are Passed Over for a Promotion? Employees who have experienced discrimination in their workplace have legal rights. You should start by asking the hiring manager or your boss to explain why you were not promoted. If they don’t give you a straight answer or your gut tells you there is something they are leaving out, consider digging deeper. This is an excellent time to contact an experienced federal employee lawyer. At the Law Office of Aaron D. Wersing, we focus on legal issues affecting federal employees. We have years of experience representing clients in workplace harassment and discrimination claims. There is no harm in contacting us to discuss your situation. We can evaluate your case and let you know what the best course of legal action is. Depending on the circumstances, your attorney may suggest you make a complaint about the alleged discrimination. This is when you want to pay close attention to conversations in your office. Look for patterns of discrimination. Some incidents may not be overt. Gather any text messages, emails, or other documents you have that could point to discrimination in the workplace. Understandably, you might be concerned about retaliation after reporting that you were passed over for a promotion by a less-qualified candidate. While illegal, retaliation does occur in workplaces, including federal agencies. If you reported discrimination or harassment and adverse employment action has been taken against you, it’s time to contact our office. Filing an EEOC Claim as a Federal Employee If you are considering filing a EEO complaint of discrimination against your agency, the process is unique for federal employees. Your first step is to speak with an EEO counselor at the agency where you work. Typically, you have only 45 days from the date of discrimination to contact them. You can then elect to process your case through traditional EEO counseling or an alternative dispute resolution (ADR) program. A qualified federal employment attorney can advise you as to which route to take in your specific case.  In the event your dispute doesn’t resolve through one of these two methods, you have up to 15 days to file a formal complaint with your agency’s EEO office, which leads to a fact-finding investigation. Once they have completed this investigation, you have the choice to have the agency issue their decision through a final agency decision (FAD) or request a hearing before an EEOC administrative law judge. Depending on the outcome, you may later need to appeal by filing a civil action in federal court. Contact Our Federal Employee Lawyer Today When you’re dealing with being passed over for a promotion discrimination by a less qualified candidate, we can help you. If there is discrimination happening in your federal workplace, it’s probably not an isolated incident. Employers cannot discriminate against employees, nor can they retaliate if an employee reports an incident. To learn more about your legal options after being discriminated against, contact the Law Office of Aaron D. Wersing today.

When a federal agency proposes to suspend, demote, or remove a federal employee, its decision must survive scrutiny by the Merit Systems Protection Board (MSPB). The MSPB doesn’t simply accept the agency’s reasoning at face value—it evaluates whether the penalty is fair, justified, and consistent with federal merit system principles. This is where the Douglas factors come into play. These 12 factors serve as a guideline agencies must use to determine whether a disciplinary penalty is appropriate. If the agency fails to properly consider them—or applies them inconsistently—its action may be overturned on appeal. This blog post will explain what federal employees should know about the role of Douglas factors in MSPB disciplinary actions. Understanding how these factors work can make a critical difference in building your defense and protecting your federal career. What Is the Role of Douglas Factors in MSPB Disciplinary Actions? The Douglas factors are a set of 12 criteria that agencies must weigh when deciding on disciplinary action against a federal employee. These factors are designed to ensure that the penalty is proportionate to the misconduct, takes the employee’s circumstances into account, and is consistent with how similar cases have been handled in the past. Here are the key factors that agencies must assess: An agency doesn’t have to address every single one of these factors in writing, but it must demonstrate that it gave meaningful consideration to the relevant ones. Failure to do so can be a strong argument for reducing or reversing the penalty.  Mitigating Penalties Using Douglas Factors in MSPB Cases Many agencies overlook factors that might justify leniency in their rush to discipline. For that reason, appealing to the Douglas factors can be an effective way to seek a mitigated penalty.  For example, under the Douglas framework, a long-serving federal employee with a spotless record may be eligible for a lesser penalty if mitigating circumstances exist—such as levels of unusual stress, unacknowledged mental health conditions, or discriminatory treatment.  Employees can shift the narrative by gathering strong documentation, credible witnesses, and persuasive personal statements. In doing so, a penalty that once seemed inevitable may become unjustifiable. Douglas Factors and MSPB Appeal Strategies Understanding the role of Douglas factors in unfair federal employee discipline claims is key to developing a strategic defense. By examining the Douglas factors in the context of your case, employees and their attorneys can prepare to effectively challenge the suitability of the penalty. Some strategies commonly used in MSPB appeals include: Each of these arguments can tip the balance in favor of the employee. Weighing Douglas Factors in Federal Employee Removals The Douglas factors are a valuable tool for rebalancing the power dynamic in adverse action cases. Unfortunately, in some cases, disciplinary actions may be motivated by workplace politics, biases, or retaliation. In this vein, the MSPB pays close attention to how agencies are weighing Douglas factors in federal employee removals. Agencies that impose removal without considering these factors may see their decisions reversed or mitigated. MSPB Disciplinary Actions and the Application of Douglas Factors FAQs Why Are Douglas Factors Important in MSPB Disciplinary Cases? They ensure that penalties are not arbitrary and that agencies consider the full context of an employee’s conduct. When Do Agencies Apply Douglas Factors in Disciplinary Actions? Agencies must consider them before finalizing major adverse disciplinary actions, including removals, demotions, or lengthy suspensions. Let Our Firm Help You Use the Douglas Factors to Your Advantage The Federal Employment Law Firm of Aaron D. Wersing, PLLC, is dedicated exclusively to federal employee representation. We are Texas board-certified in labor and employment law, backed by a record of success, AVVO 5-star reviews, and recognition from Super Lawyers. From whistleblower retaliation to wrongful removal cases, we have helped hundreds of clients assert their rights and rebuild their careers. We understand federal employment law inside and out and know how to apply the Douglas factors to your advantage. Reach out to our team today and schedule a consultation.