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For federal employees contemplating retirement, understanding the nuances between different retirement strategies is essential. Except for a few very senior employees, most federal workers fall under the Federal Employee Retirement System (FERS). It’s particularly important to understand whether FERS deferred retirement or FERS postponed retirement is a better fit for your circumstances.  In this article, we’ll clarify the difference between these two different retirement options and help you understand which one might be better for you.  However, if you need specific advice for your situation, then contact a competent FERS disability retirement attorney today.   Understanding Your Options: FERS Deferred or Postponed Retirement First, we need to explore what the terms “deferred retirement” and “postponed retirement” mean. Although these options fall under the FERS, they each operate under distinct circumstances and hold unique implications for retirees. Deferred retirement is typically for FERS employees who leave federal service before they reach the minimum retirement age (MRA). You can apply for deferred retirement if you have at least five years of creditable civilian service. However, bear in mind that you can’t withdraw your contributions to the retirement fund. If you do, you won’t be eligible for deferred retirement. On the other hand, postponed retirement is an option for FERS employees who have reached their MRA and have somewhere between 10 and 30 years of service. Postponed FERS retirement allows you to delay receiving retirement benefits to avoid the age reduction penalty.  What Are the Differences Between Deferred Retirement and Postponed Retirement? Besides the eligibility requirements and the retirement benefits that we just mentioned, there are several other differences between deferred retirement and postponed retirement.  Insurance Benefits One critical difference lies in health insurance and life insurance benefits. Under FERS deferred retirement, you are not eligible to continue receiving either Federal Employees Health Benefits (FEHB) or Federal Employees Group Life Insurance (FEGLI) after you leave federal service. If you choose to postpone your retirement, you can reinstate your FEHB and FEGLI when you begin to receive your annuity. However, to receive these benefits, you need to show that you were enrolled in these programs at least five years before your separation. Survivor Benefits Another key difference involves survivor benefits. If you die while receiving a deferred retirement annuity, no survivor annuity is payable. This is because you have to receive an immediate annuity that began within 30 days of your separation to be able to receive survivor benefits. By contrast, FERS postponed retirement can sometimes pay out survivor benefits to your loved ones if you pass away before receiving your annuity.  Thrift Savings Plan FERS deferred and postponed retirements also differ when it comes to the thrift savings plan (TSP). All employees under FERS benefit from the TSP. Furthermore, deferred retirees and postponed retirees can withdraw their TSP funds. However, if deferred retirees can withdraw their TSP funds after they separate, they will have to pay the IRS’s early withdrawal penalty if they are below the age of 59 and 6 months. However, postponed retirees do not have to pay the early withdrawal penalty because they are already at their MRA. Cost of Living Adjustments Lastly, FERS deferred retirement does not offer cost-of-living adjustments (COLAs) until the retiree reaches the age of 62. Conversely, retirees under FERS postponed retirement can receive COLAs as soon as they begin receiving their annuity, even if they are under 62. Is There a FERS Deferred Retirement Calculator I Can Use? Many people find it helpful to visualize their retirement options with a retirement calculator. While OPM offers a general formula for calculating your FERS retirement, they do not offer a calculator specifically for deferred retirement situations. If you’re looking to calculate your potential retirement sums, it’s best to contact an experienced federal retirement attorney. Let Us Help You Determine Whether FERS Deferred Retirement or Postponed Retirement Is a Better Option While this article provides a basic understanding of the interplay between different kinds of retirement, it’s only a foundation. The truth is that retirement decisions can be complex. In addition, the choices you make for your retirement will have tremendous effects on your life down the road. Consequently, it’s prudent to reach out to a knowledgeable federal attorney who can give you the advice you need.  Our team of adept attorneys at the Federal Employment Law Firm of Aaron D. Wersing, PLLC, is deeply knowledgeable about the nuanced legal factors intrinsic to FERS deferred and postponed retirement cases. In addition, we share an abiding passion for helping the dedicated civil servants who make our country’s government run effectively. Together, we can help you understand which retirement option is best for you in light of your circumstances. We’ll then take the steps necessary to put your plan into motion, including helping you complete your application for deferred or postponed retirement under FERS. If necessary, we’ll work with your agency to ensure that your legal rights are respected and that you receive the retirement benefits that you rightfully deserve. We offer free consultations for all clients, so there’s no reason not to reach out. Contact us today to set up your free initial appointment by calling us at 866-612-5956. You can also visit our website online.

Our society is constantly changing. However, ensuring equitable rights and opportunities for everyone is still a top priority. This includes individuals with disabilities. If you are a federal employee with a disability, then you need to know about the full scope of your rights. Let’s explore the existing federal laws and how they protect you in the workplace.  Have more questions after reading this article? Contact an experienced federal employment attorney today.  What Are My Rights as a Disabled Employee? There are a significant number of disability rights for federal employees. Most of these rights stem from two laws: the Americans with Disabilities Act and the Rehabilitation Act. The Americans with Disabilities Act (ADA) The ADA is a comprehensive civil rights law that was first enacted by Congress in 1990. It prohibits discrimination based on disability across various public and private sectors. Just a few examples are employment, transportation, and telecommunications. That means you cannot receive different treatment just because you have a disability. However, to receive protection under the ADA, an individual must have a disability. In the context of the ADA, a disability is a physical or mental impairment that substantially limits one or more major life activities. You are also considered disabled under the ADA if you: Title I of the ADA is particularly useful for federal employees. This section requires employers with more than 15 employees to provide equal employment opportunities to qualified disabled individuals. This includes non-discrimination in recruitment, hiring, promotions, training, pay, social activities, and other aspects of employment. Employers must also provide reasonable accommodations for employees with known disabilities. The only exception is when accommodating the employee would cause undue hardship for the employer. The Rehabilitation Act of 1973 Although the ADA has broad applicability to all kinds of employers, the Rehabilitation Act explicitly targets federal sector activities. Section 501 of the Rehabilitation Act prohibits federal agencies from discriminating against qualified individuals with disabilities. It also mandates federal agencies to take proactive steps in hiring, placing, and advancing individuals with disabilities. The Rehabilitation Act’s legal standards for discrimination in the federal workplace are the same as those standards in the ADA. Of particular note for federal employees is Section 504. This section stipulates that no qualified individual with a disability shall suffer discrimination through any program or activity receiving federal financial assistance. Similarly, individuals with disabilities cannot be the target of discrimination under any program or activity conducted by any executive agency or the United States Postal Service.  Just like the ADA, the Rehabilitation Act calls for reasonable accommodation for known physical or mental limitations unless such accommodation would impose an undue hardship on the operations of the recipient’s program. Interplay Between the ADA and the Rehabilitation Act As you may have already noticed, the Rehabilitation Act and ADA complement each other very well. Although the ADA does not cover federal agencies in the executive branch, the Rehabilitation Act fills this gap. In doing so, it extends protections to federal employees similar to the disability rights for employees under the ADA. Federal employees can lodge any discrimination complaint with their agency’s Equal Employment Opportunity (EEO) counselor within 45 days of the discriminatory action. It’s also worth noting that Congress significantly broadened the ADA’s definition of disability under the ADA Amendments Act (ADAAA) in 2008. Part of the reason for the ADAAA was to align the ADA more closely with the Rehabilitation Act’s broader scope. This was a significant milestone in ensuring that the laws fully encompass those they were designed to protect. The Takeaway for Federal Employees In essence, federal employees with disabilities receive protection from two robust laws – the ADA and the Rehabilitation Act. Both laws work toward ensuring equal opportunities, inclusivity, and fair treatment inside and outside the federal workplace. However, the path to justice starts with awareness. Knowing your rights under these laws is the first step in maintaining a fair and equitable workplace. Whether it’s about seeking a reasonable accommodation or combating discriminatory practices, don’t hesitate to assert your rights. A disability does not define your potential or your worth, and the law is here to uphold your right to equal treatment under the law. Get the Legal Help You Need Today At the Law Office of Aaron D. Wersing, PLLC, our outstanding legal team possesses a deep understanding of disability rights for federal employees. We can also help you determine whether you are eligible for federal employee disability retirement benefits. Whatever the exact issue, we are deeply committed to supporting federal employees with disabilities. Our highest priority is to ensure they receive the rights given to them by the law. Because of our dedication to disability rights, we offer free consultations to all potential clients. During that session, our lawyers will work to hear your concerns and outline your legal options. Stand up and defend your legal rights today. Schedule your free consultation by calling us at 866-612-5956 or visiting our website.

Federal employees may at times face the temptation to call in sick so they can have an unscheduled day off. Abuse of sick leave in the federal workplace is a serious issue that all federal employees should try to avoid. Sick leave abuse laws exist which can carry significant penalties for those who misuse their sick leave. There are also a few ways that supervisors can spot and investigate sick leave abuse by federal employees. If your supervisor has accused you of being a federal employee who’s committed sick leave abuse, contact a federal employee sick leave abuse lawyer right away.  When Is It Okay to Use Sick Leave? The Office of Personnel Management (OPM), a federal agency that regulates the employment policies of most other federal agencies, states that federal employees may use sick leave when they need to:  OPM does not define what constitutes an abuse of sick leave. That said, it’s reasonable to assume that any use of sick leave for reasons other than those listed above could constitute “sick leave abuse,” especially if done repeatedly and within a short period of time.  Common signs of sick leave abuse are: If an agency discovers that an employee is committing OPM sick leave abuse, the employee can face discipline. An employee can even face removal from federal service.  What Employers Can Do About Sick Leave Abuse While OPM does not define sick leave abuse, it does establish procedures for employers to require evidence from employees who request sick leave. Specifically, an agency may require “administratively acceptable evidence” before granting sick leave. The definition of “administratively acceptable evidence.” For example, if an employee requests sick leave to care for a family member, the agency may require that the employee provide proof of their relationship with the family member. If an employee claims sick leave to visit a doctor, the agency can request a doctor’s note that confirms the visit.  Do You Need a Federal Sick Leave Abuse Attorney? Accusations of sick leave abuse are no joke. If you have been accused of abusing sick leave, you could be counseled, reprimanded, suspended, or even removed from your job. So if your supervisor has accused you of sick leave abuse, you need to contact a sick leave abuse attorney immediately.  When looking for an attorney that can help you defend your rights, it’s absolutely essential that you select someone who has familiarity with your situation and the federal workplace.  At the Law Office of Aaron D. Wersing,  PLLC., we concentrate on representing federal employees and protecting their rights. Our firm has the experience needed to help federal employees who have been accused of misconduct. Even if you aren’t sure whether you need an attorney, it takes no time at all to contact us. All initial consultations are free, so don’t take any chances with your career. Contact us today.