Postal Employee Who Retired Under Early Retirement Is Challenging OPM Over FERS Annuity Supplement

My name is Lennis B. Reynolds I am a retired Postal employee who took a VER/Incentive offer in August 2009. I am taking OPM to MSPB about the FERS Annuity Supplement. The difference without the Supplement is $1000.00 per month in retirement income.

To : Honorable Howard J. Ansorge
Administrative Judge
Central Regional Office
230 South Dearborn Street, Room 3100
Chicago, IL 60604-1669

Dear Judge Ansorge:

I, Lennis B. Reynolds CH-0841-10-0788-I-1,CSA 8 436-635 desires an in-person hearing, I will conduct the hearing in this appeal by telephone .The telephone hearing will be held: Date: September 13, 2010 Time: 2:00 p.m. Central time (3:00 p.m. Eastern) I am requesting a in person hearing.

The issue is a employee who retires under their MRA under FERS is eligible for the FERS Annunity Supplement when retiring on VERA. OPM position is that you have to be MRA to collect the FERS Annuity Supplement, but according to the THE FEDERAL EMPLOYEES’ RETIREMENT SYSTEM ACT OF 1986 legislation clearly states it allows only four types of retirement benefits :Unreduced, reduced, ‘involuntary, and deferred vested annuities.

Under the THE FEDERAL EMPLOYEES’ RETIREMENT SYSTEM ACT OF 1986 a employee who retired inVoluntary would have to wait to MRA not Voluntary(See exhibit 1). When Voluntary Early Retirement Laws Enacted in the 107/108th Congress under Voluntary Early Retirement Authority. Under both CSRS and FERS, a federal employee is eligible for an IMMEDIATE UNREDUCED RETIREMENT annuity at age 55 with 30 or more years of service. Under voluntary early retirement authority (VERA), the age and service requirements are reduced to 20 years of federal service at age 50 or 25 years of service,regardless of age. (see exhibit 2).

The Homeland Security Act (P.L. 107-296) provides that with the approval of OPM, an agency undergoing restructuring or downsizing can offer voluntary early retirement to employees in specific occupational groups, organizational units, or geographic locations. Reductions in annuity amounts for early retirement will continue to apply . In your offer (the “agency”) must submitted a request to OPM for a grant of authority to offer voluntary early retirement in conjunction with a proposed major reduction in force (“RIF”). OPM/ agency must have this in your offer letter see (JOSEPH T. TORRES,Petitioner,v.OFFICE OF PERSONNEL MANAGEMENT.(see exhibit 3)THIS WAS NOT IN MY offer letter ONLY a VER offer was issued NOT a proposed major reduction in force (“RIF”)this was not INCLUDED IN MY OFFER LETTER.

I was offer to retire voluntary. .(see exhibit 4.) I also took a look at my form 50 and I looked up how agency/OPM retired me I was retired Involuntery (see form 50 Nature of Personnel action(Nature of action code is (303) Description (Retirement-Special-option .(see exhibit 5.) Chapter 30. Retirements (Natures of Action 300, 301,302, 303, and 304).then go to Table 30-B. Remarks Required for Retirement Actions rule(see exhibit 5 A1) .

According to voluntary Early Retirement Laws Enacted in the 107th/108 Congress under Voluntary Early Retirement Authority I retired(voluntary with unreduced benefits the same way that a regular employee /special groups retirement it is Voluntery. Note: only the age and service requirements are reduced not the benefits. OPM retired me under Early retirement provision under CSRS not Voluntary Early Retirement under FERS it is a big diffence see chapter 43 fers(see exhibit 6). OPM retired me as an Early-Optional retiree when I should have been retired on Voluntary Optional.(see exhibit 7) I was not in a MAj-RIF must be in my offer voluntary early retirement in conjunction with a proposed major reduction in force (“RIF”). this was noted in my offer letter.

If you have any question please feel free to call XXX-XXX-XXXX this is a major case on all FERS employees who retired under VER and who is under their MRA. Note: I had a prehearing telephone conference call with the Honorable Howard J. Ansorge and OPM Agency Representive James Wiliams. In the conference call OPM claims that they retired me under 8414b (1) B. OPM cannot retire any FERS employee who retired voluntary under 8414 b (1) B unless the agency is undergoing a RIF and they must be documented in the offer letter as a reasonable offer. Therefore under U.S Code 8421 Annuity Supplement paragraph a(2) only applies to people who retired involuntary not voluntary. The only way a FERS employee can retire,. who retired voluntary is under U.S. Code 8412 IMMEDIATE RETIREMENT. The decision will be on September 13, 2010


Lennis Reynolds

former non-commissioned officer/retired Postal employee:

**This article may not be reprinted or republished without the approval of or Lennis Reynolds.

18 thoughts on “Postal Employee Who Retired Under Early Retirement Is Challenging OPM Over FERS Annuity Supplement

  1. Everything I read about the supplement was that upon reaching MRA, which is minimum retirement age ( usually 55-56+ for FERS) that you would receive the additional $ based on years of service and amount you paid into for SS. You can calculate that on website. It does not state you would get it during VER, unless you have the age.

  2. i’d like to be kept informed of all the decisions in this matter as i’m also under vera.

  3. MSPB won’t do anything for you unless you’re a veteran, a supervisor or work in personnel. I found out the hard way when I was wrongfully terminated and forced to accept early retirement

  4. Tough case to win. As previously stated, it is clear in the FERS Handbook that to receive the supplement you have to be at the MRA. A judge will not overlook this fact despite other loopholes that the plaintiff is trying to exploit. Good luck anyways.

  5. The retirement handbook for FERS clearly states that he must be MRA to receive the SS supplement.
    It sounds like he is grasping at straws.

  6. I retired on 1-31-09 under a VER. I would not be reaching my MRA until September 9, 2009. I new that from February until September that I would not be receiving the FERS Suppliment. However with my 11-01-09 Annuity check I began receiving the suppliment. I`m not exactly sure what happened in your case but it appears that OPM didn`t classify your retirement as a Voluntary Early Retirement as it should have been. Unless there is something that you haven`t mentioned I feel that you should win your case. Good Luck!

  7. You will probably not prevail at this stage, but please don’t give up on the MSPB; the clerk of the board or even the EEOC will review the issue through an Appeal. You should also attempt to file a class action with the EEOC, maybe you could even get this issue added to the NRP complaint, if you can find some one that is party to the NRP and can get this issue amended into the complaint, but don’t give up.

  8. Courts, arbitators AJ’s etc. give great latitude to employees who go pro se, meaning “represen6ting themselves”. They cut pro se people slack because they do not expect the employee to have the same legal training and expertise as a lawyer, etc. His typos and “misused” words will be overlooked. This guy has an excellent case. Hope it ends up a class action.

  9. I would of left if the supplement was given. I contacted HR services and they informed me that I was eligible, for the supplement at my MRA. I haven’t reached MRA, but I have the 30 years. Anyone else held up by OPM/HR services misinformation?

  10. His spelling and grammar is off but, his complaint is valid. I didn’t accept the last VER. I wanted to but, the above information, used as the basis of his complaint, WAS NOT made available to us. Several clerks sat in on a computer Q&A conference. We made notes. The age/time in service for a SS supplement wasn’t covered. If it had, I wouldn’t be writing this now.

  11. This letter was sent to a judge with misspelled words and misuse of words? I would NOT be impressed if I were the judge.

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