Ask the Lawyer: Resign, Retire, or be Fired?

Debra Roth, Partner, Shaw Bransford & Roth P.C., a federal employment law firm, wrote the Ask the Lawyer article, "Resign, Retire or be Fired?" for the January 19th edition of Federal Times. Her article also appears on the Federal Times website under their "Ask the Lawyer" blog.

 

Read an exceprt of the article below:

For most any federal worker who is fired for poor performance or for cause, you will not lose your retirement eligibility. If you’re fired and eligible at the time of termination for an “immediate” retirement annuity, you can also file for your retirement annuity after termination, or instead at the time of termination you can simply retire in lieu of being fired. The SF-50 will be coded to reflect that you retired in lieu of being fired to indicate that an adverse action was pending against you when you retired. If you are not eligible for an immediate annuity at the time of termination, you do not lose your eligibility for a “deferred” annuity just like any other federal worker who leaves federal service short of being fully eligible to collect a retirement annuity. Your annuity will be deferred until you reach the age eligibility to collect a deferred annuity.

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News source: Federal Times