Anything but boring 

Under FERS, like a VERA, a DSR is computed as 1% of the high-three average salary times the years and months of creditable service (including credit for unused sick leave). A FERS special retirement supplement is payable at the MRA, which may be after the FERS retirement benefit begins. Cost of living adjustment will begin after reaching age 62. To apply for a DSR, complete the FERS Application for Immediate Retirement, SF 3107, found at www.opm.gov/forms. To continue life insurance, complete SF 2818, Continuation of Life Insurance form. 

Federal Law Enforcement Officers         

Question: Are you aware of how VERA is different from the liberalized retirement benefits already available to federal law enforcement officers (and other special provisions of the federal retirement system such as air traffic controllers and firefighters)? For instance, since I already have completed 22 years of service. Would I be eligible to receive my retirement at 47-and-a-half years old? 

Answer: There is not a specific VERA for federal law enforcement officers. You are currently not eligible for a VERA because the minimum service requirement if you are under the age of 50 is 25 years of service, which is the exact same requirement to be eligible for law enforcement retirement benefits. Your first eligibility for immediate retirement will be 50 years old. Since all your service will be in a covered law enforcement position, you will be eligible for optional retirement under the special provisions for law enforcement officers, just not yet. 

Question: If I were to transfer to another federal agency as a [law enforcement officer], would I be subject to a probationary period and thus more likely to be fired under the current administration? 

Answer: Here are some resources that discuss probationary periods and transfers between agencies (You can see that the answer is complicated by the different interpretations of what "probationary" status means. Before accepting a transfer to another agency, it is best to discuss this issue, especially considering the current state of affairs. According to OPM, a new probationary period is not required after transfer. However, you would continue to serve the remainder of any probationary period which you were serving at the time of transfer.  

In most cases, you must wait at least three months after your latest non-temporary competitive appointment before you may be considered for transfer to a position in a different line of work, at a higher grade or to a different geographical area. OPM may waive the restriction against movement to a different geographical area when it is satisfied that the waiver is consistent with the principles of open competition. The Tenure block on your SF-50 Notification of Personnel Action form may give you an idea of your status. 

Question: If I transferred to another federal agency in a non-law enforcement officer capacity and worked to age 50, would I still be able to meet the eligibility and computation for retirement requirements for a law enforcement retirement?  Would I be eligible for continuation of my health insurance? In other words, would my 20 years of LEO experience still be computed at the 1.7% rate? Would I be required to work to my minimum retirement age of 57, or would I be eligible at age 50 under the special provisions for serving in a federal law enforcement position? 

Answer: An employee must be at least age 50 at the time of separation and have at and have at least 20 years of service as a law enforcement officer and/or firefighter (but does not have to be in a law enforcement officer or firefighter position at separation) to be eligible for retirement under the special provisions. In other words, you would not be required to retire from a law enforcement position to qualify for the special eligibility and computation requirements if you have served at least 20 years in a “covered” LEO position. For all of the retirement eligibility and calculation rules for the Special Provision of the FERS, see Chapters 46 and 54 of the CSRS and FERS Handbook.  

Law enforcement officers, firefighters, air traffic controllers and members of Congress who separate from service subject to FERS for reasons other than misconduct with 20 years of service as a law enforcement officer, firefighter, air traffic controller or congressional member may receive a deferred annuity at the MRA with no reduction for age. You would not, however, receive the 1.7% factor in the computation of the benefit; only the 1% factor is used to compute a deferred annuity under FERS.   

Social Security Fairness Act 

Question: When I applied for social security benefits nine years ago, the Social Security rep told me that my own small Social Security entitlement, even with the Windfall Elimination Provision (WEP) applied, would be greater than my spousal benefit with the Government Pension Offset (GPO) applied.  So, I elected to receive my own Social Security benefit. There would have been no logic and no motivation for me to apply for spousal benefits. 

Now without the GPO applied to a spousal benefit, my "theoretical" spousal benefit for 2024 (and on) will be greater than my non-WEPed  benefit. BUT....but, said the Social Security rep on the phone, I cannot receive a spousal benefit retroactive to 2024 because I never applied for a spousal benefit.  Applying today for a spousal benefit means my entitlement could begin only today!!!  There are possibly thousands of eligible beneficiaries who because of the silence may not know that if they now want to receive greater spousal benefit, they must apply today.... nothing will be retroactive for those who chose to only accept the WEP-ed benefit. And a month not applying is a month of lost spousal benefit amounts. 

Answer: You are not alone, although the repeal of the WEP and GPO were big news, the devil is in the details. Those details were not spelled out very clearly, obviously.   

Retroactive payment of Social Security benefits varies. Beginning in 1991, a law was passed that eliminated two situations when retroactive reduced benefits could be paid. Retroactive reduced benefits are not payable when: 

1. The “worker” is filing for retirement benefits, and an unreduced auxiliary (this is a “spousal benefit,” but not an independently entitled divorced spouse) is entitled; or 

2. Social Security will recompute a benefit when it is suspended due to excess earnings before the Full Retirement Age (FRA).  For those born in 1960 or later, the FRA is 67. 

Here is when retroactive benefits can be paid and for how long: 

1. Social Security does not allow retroactivity for reduced retirement benefits paid before the FRA. The first possible date that they can pay reduced benefits is the date you file an application or protects their filing date (by calling to make an appointment for a later date to apply) and meets all factors of entitlement.  

2. For retirement benefit applications filed after FRA, you may apply for up to six months retroactivity. However, for those who file less than six months after FRA, retroactive benefits are only paid back to the month of reaching your FRA. The retroactive payment will have an ongoing effect on your monthly benefit amount when electing to start benefits in a retroactive month at any time before age 70 as delayed retirement credits are paid between the FRA and age 70. 

3. Social Security will allow retroactivity for up to six months for unreduced retirement and survivor claims.  For more information on this, contact Social Security at 1-800-772-1213. 

4. You can have up to six months retroactivity for widow(er)’s insurance benefits for individuals who file an application after they attain FRA. However, for those who file less than sixmonths after FRA, you will only receive retroactive benefits back to the month of FRA attainment.   

Here is what it says on the FAQs for the Social Security Fairness Act on Social Security’s website:   

UPDATE! What should people do now that the Social Security Fairness Act is law? 

The Act applies to benefits you get on your own record (retirement or disability benefits) and to spouse’s or surviving spouse’s benefits on another person’s record. 

 What action you need to take depends on your situation and on what type of benefits you are eligible for. 

• If you are entitled to retired or disabled workers’ benefits, and your benefits are currently being reduced by WEP; or if you are entitled to spouse’s or surviving spouse’s benefits, and your benefits are currently being reduced or eliminated by GPO:   

• If you know that SSA has your mailing address and/or direct deposit information on file, no other actions are needed from you at this time. 

• If you want to verify that the mailing address and/or direct deposit information that SSA has on file is accurate and up to date: 

• Check your personal my Social Security account. Visit www.ssa.gov/my account to sign in or create an account. 

• If you are unable to create an account, please call 1-800-772-1213 to verify the information we have on file. 

Ensuring that SSA has the correct information allows you to get any retroactive benefits and your new benefit amount quicker. 

If you are not sure whether you ever applied for retirement, spouse’s, or surviving spouse’s benefits: 

• You may need to file an application. The date of your application might affect when your benefits begin. 

If you never applied for retirement due to WEP or spouse’s or surviving spouse’s benefits because of GPO: 

• You may need to file an application. The date of your application might affect when your benefits begin and your benefit amount.  

However, each case is different, and all other Social Security laws and policies, such as benefit reductions for claiming benefits before the full retirement age, the retirement earnings test, and others, still apply. 

Retirement or Spouse’s Benefits 

The most convenient way to apply for retirement or spouse’s benefits is online at www.ssa.gov/apply. 

Please note that the online application continues to collect pension information until we are able to update it; however, we will not offset the benefit. 

If you are applying for spouse’s benefits, please note that selecting “Family Benefits” will take you to the application for Retirement/Medicare benefits. This process ensures that you will be considered for all the benefits you are entitled to. 

We can take an application by telephone for people who did not previously apply for retirement benefits because of WEP or spouse’s benefits because of GPO. If you meet these conditions, call 1-800-772-1213 Monday through Friday, from 9 a.m. to 6 p.m. ET. When the system asks, “How can I help you today?”, say “Fairness Act.” Then, you'll be asked a few questions. Your answers will help us connect you to a WEP-GPO trained representative to take your application. 

Surviving Spouse’s Benefits: 

The survivor benefit application is not available online. 

Call 1-800-772-1213 Monday through Friday, from 9 a.m. to 6 p.m. EST. When the system asks, “How can I help you today?”, say “Fairness Act.” Then, you'll be asked a few questions. Your answers will help us connect you to a WEP-GPO trained representative to take your application. 

For additional eligibility information, visit www.ssa.gov/apply. 

As of week ending Feb. 28, 2025: SSA has taken 68,000 new applications since the Social Security Fairness Act was passed. We have completed 72% of the new applications.