Settlements and DSR eligibility (Article)
Debra Roth, Partner, Shaw Bransford & Roth P.C., a federal employment law firm, wrote the Ask the Lawyer article, "Settlements and DSR eligibility" for Federal Times in September 2014.
"If you read the recent Merit Systems Protection Board decision reversing the Office of Personnel Management’s denial of discontinued service retirement (DSR) to a Department of Interior employee, and you think you’ve got the green light to use a settlement agreement to create a circumstance by which an employee may become DSR eligible, I say beware of the yellow light. Proceed cautiously, as it appears OPM will be appealing this decision to the U.S. Court of Appeals for the Federal Circuit, and how the court of appeals decides this case is by no means certain.
This case involved an employee removed from his position for unacceptable performance. The employee appealed his removal to MSPB. Interior and the employee entered into a settlement agreement before an initial decision was reached. That settlement agreement provided that the employee would be “converted … to a four- (4) year term appointment … as a biologist (or other agreed upon position) beginning on Jan.12, 2005,” and ending on Jan.12, 2009."
News source: Federal Times