Rep. Lynch: Hearing On Reducing Retirement Benefits is Really Attack On Federal Workers
Rep. Dennis Ross, R-Fla., on Wednesday introduced a bill that would increase how much federal employees pay toward their retirement and steeply reduce pensions for new employees.
HR 3813, the Securing Annuities for Federal Employees Act, would raise contributions for current Civil Service Retirement System (CSRS) and Federal Employees Retirement System (FERS) employees by 0.5 percentage points per year for three years, beginning in 2013. This would make FERS employees contribute 2.3 percent of each paycheck toward their pensions, and require an 8.5 percent contribution from CSRS employees.
The bill would eliminate the so-called FERS annuity supplement for new retirees beginning in 2013, except for employees facing mandatory retirement such as air traffic controllers. Today, FERS employees who retire before reaching age 62 receive a supplement equal to the Social Security benefit they will be eligible for once they reach age 62. Read more
Editorial: FERS & CSRS Disability Retirement – Defending a Necessary Benefit
Filed under: Articles, Benefits, CSRS, FERS, postal, postal news
An exclusive article to PostalReporter.com written by Attorney Robert R. McGill
Does the Emperor receive his standing because of his hereditary anointment by the gods, or because of his superior governance abilities? Or, by giving generously to the lords and vassals and currying favor among them, does he retain power? Or, by giving lifetime gifts to the masses? Fear the emperor who consolidates power by doing the latter; for mob rule knows no boundaries, laws, or heavenly dictates. Power by lawlessness is indeed the origin of the reign of terror. – From, The Shadows of Machiavelli
Article 1, Section Eight, Clause 7 of the U.S. Constitution specifically empowers Congress to “establish Post Offices”, and to that extent, it is always important to recognize that the U.S. Postal Service is not merely a convenience or a Federal mandate which merely exists because some Senator or Congressman decided that it would please his or her constituents; rather, the Founding Fathers recognized the necessity of establishing a network of interstate commerce and communication between the various states, and the importance thereof.
As a Constitutional creation, the Postal Service deserves a special place in the budgetary process and decision-making deliberations during these times of debt-reduction efforts, of political conversations and debates. Where it is a Constitutional creation, the employees of such an entity should be provided with a compensation package which is commensurate with its status as a recognized and vital part of the Federal government. Federal Disability Retirement should remain a part of every Postal Worker’s compensation package, for reasons which are Constitutional, pragmatically justifiable, and because it is a progressive paradigm of cost-savings. Read more
No ‘Payroll Tax Holiday’ for CSRS Employees
The tax cut President Obama was expected to sign Friday will not include a payroll tax deduction for all federal employees.
Employees under the Federal Employees Retirement System will see their contributions into Social Security drop from 6.2 percent to 4.2 percent in 2011 as part of a payroll tax holiday. But Civil Service Retirement System employees — who do not pay into Social Security — will not see a similar cut in their 7 percent contributions into their retirement system.
The National Treasury Employees Union objected, and said the exclusion of CSRS employees “fails an important test of fairness.”
“CSRS-covered federal employees … should have received a similar or equivalent benefit, particularly since they work side by side with those under FERS,” NTEU President Colleen Kelley said in a Dec. 17 statement. “This additional take-home pay is particularly important in light of the pay freeze for federal employees proposed by President Obama.”
Full story from Federal Times
APWU Urges House To Extend ‘Tax Holiday’ To CSRS Employees
APWU President Cliff Guffey has sent a letter to members of the House of Representatives urging them to extend a proposed 2 percent “payroll tax holiday” to postal workers and other federal employees who are covered by the Civil Service Retirement System (CSRS). Congress is currently considering a 2 percent payroll tax cut for postal and federal employees who contribute to Social Security, which includes workers in the Federal Employees Retirement System (FERS).
Extending the 2 percent tax holiday to CSRS employees is a matter of equity, the union president said. “A necessary adjustment that treats senior postal and federal workers enrolled in the Civil Service Retirement System (CSRS) equitably with those enrolled in the Federal Employees Retirement System (FERS) is urgently needed,” he wrote.
OPM Does Not Have Authority to Reallocate USPS CSRS Overpayments
Filed under: CSRS, opm, postal, postal news, PRC, retirement, usps
OPM’s Response to the Postal Regulatory Commission Regarding USPS CSRS Overpayments:
Legislative History
OPM determines the Postal Service’s responsibility for CSRS costs in accordance with current law. OPM’s methodology is based on the determinations made by prior Congresses that the Postal Service is responsible for CSRS costs attributable to pay increases granted by the Postal Service. Congress first established this policy in 1974, under Public Law 93-349, and no subsequent legislation has established an alternative policy. To recap, in 2003, Congress directed OPM to make changes to the accounting of Postal Service CSRS obligations that led to a $78 billion decrease in future Postal CSRS funding payments. Then in 2006, Congress directed OPM to change how military service costs should be allocated under CSRS that led to a $28 billon adjustment. In both cases, the magnitude of the adjustment was understood by Congress when the laws were passed. It appears to OPM that when Congress intends to make adjustments of the magnitude suggested by the Segal report, it does so by taking specific legislative action.
Redetermination Provisions
We believe that the implication that OPM has the discretion to make basic changes in the allocation method between the Postal Service and the Treasury goes beyond the intent of, and the authority provided to OPM in, the 2006 Postal Accountability and Enhancement Act. That law included a provision, section 802(c), allowing the Postal Service to appeal to OPM its annual detemlination of the Postal Service CSRS supplemental liability under 5 U.S.c. 8348(h)(I).
Section 802(c) provides in pertinent part:
(A) Request for review.–Notwithstanding any other provision of this section (including any amendment made by this section), any determination or redetermination made by the Office of Personnel Management under this section (including any amendment made by this section) shall, upon request of the United States Postal Service, be subject to a review by the Postal Regulatory Commission under this subsection.
Footnote 1 of the PRC transmittal indicates that their action is based upon:
Request of the United States Postal Service for the Commission to Conduct a Review Pursuant to PAEA Section 802(c) ofOPM Determinations Regarding CSRS, February 23,2010; Clarification of Request of the United States Postal Service for the Commission to Conduct a Review Pursuant to PAEA Section S02(c) of OPM Determinations Regarding CSRS, March 2, 2010.
Conclusion
After careful review by counsel, we have concluded that OPM does not have the authority to make a reallocation in the manner suggested in the Segal report. However, if Congress determines that another methodology is more appropriate, OPM will of course comply with any changes in the current law.
Once again, thank yOu for the opportunity to provide our views. Copies of this letter will be furnished to the relevant committees of the Senate and House of Representatives, and to the United States Postal Service.
Editorial: Does the Postal Service Really Want Early Retirements?
Filed under: Articles, CSRS, FERS, postal, postal news, retirement, usps, vera
In recent VERAs the Postal Service issued FERS annuity estimates that omitted the employee’s FERS annuity supplement. The FERS annuity supplement is often nearly equal the basic annuity amount. Was that to discourage early retirements so they can justify weakening the no-layoff clause in upcoming contract negotiations?
The method of calculating the FERS annuity supplement is explained by Robert F. Benson in What are “Deemed” Salaries in the FERS Annuity Supplement? If you have the necessary personal information, his software at http://www.fedbens.us/ will calculate the exact amount of your FERS annuity supplement. The PDF Attachmenthas an example.
Most postal employees in FERS are eligible for the annuity supplement after age 55 with 30 years of service, but in a VERA, RIF, or involuntary transfer over 50 miles that requirement is reduced to 20 years–a significant bonus. Federal law enforcement officers, like Postal Inspectors and OIG, are eligible for the FERS annuity supplement at age 50 with 20 years of service.
OPM’s Handbook, Chapter 40, Section 40A2.1-3.N, requires the Postal Service to furnish this information for eligible FERS employees.
The Postal Service also neglects to mention another advantage in an early retirement. The funds in your Thrift Savings Plan may be withdrawn after retirement and age 55 without an IRS early withdrawal penalty. If you retire before age 55, you can avoid an IRS early withdrawal penalty by choosing an annuity. See Important Tax Information About Payments From Your TSP Account
Don Cheney
Auburn WA
PRC Affirms USPS Overpaid $50 Billion to Retirement Fund
OPM Must Reconsider Calculations
The Postal Regulatory Commission (PRC) released an independent actuarial report [PDF] on June 30 which confirms that the Postal Service was overcharged $50-$55 billion for payments to the Civil Service Retirement System (CSRS) between 1972 and 2009. The report recommended an “adjustment” of $50-$55 billion in favor of the Postal Service.
The PRC has submitted the report to Congress and the Office of Personnel Management (OPM), which administers the fund. By law, OPM must reconsider its calculation of the Postal Service’s pension assets in light of the report; make any appropriate adjustments, and submit the results of its reconsideration to the Commission, the Postal Service, and Congress.
“There seems to be agreement that an updated recognition and disposition of any surplus, if it is to take place promptly, will require Congressional action,” the report noted.
The Postal Service is facing severe budget deficits due to a requirement of the 2006 Postal Accountability and Enhancement Act (PAEA) that the USPS must “pre-fund” future retiree healthcare benefits at a cost of more than $5 billion a year for 10 years. To help restore the Postal Service to financial health, postal unions and other “stakeholders” have been urging Congress to relieve the USPS of the pre-funding obligation – a burden that no other government agency or private business bears.
“The APWU has opposed the elimination of Saturday mail delivery and other cutbacks,” said APWU President William Burrus. “This finding denies the Postal Service any excuse for refusing to provide the American people the service they have received for more than 200 years.”
The PRC study, Civil Service Retirement System Cost and Benefit Allocation Principles, [PDF] was commissioned by the PRC in response to a request by the USPS. It followed a Jan. 20, 2010, report by the USPS Inspector General [PDF] which concluded that the Postal Service had overpaid CSRS obligations by $75 billion.
PRC Report Finds $50 Billion Discrepancy In USPS Payment Of Retirement Benefits
Washington, DC – The Postal Regulatory Commission today submitted to Congress, the Office of Personnel Management (OPM) and the United States Postal Service, an independent actuarial report on the allocation of the Civil Service Retirement System (CSRS) benefits paid to former Post Office Department employees.
The Postal Service asked for an independent review of current allocations. The Commission report finds that an adjustment of $50-$55 billion in favor of the Postal Service would be equitable.
“The Commission is pleased to provide this expert and timely perspective to assist Congress and OPM as they work to resolve an issue that has far-reaching consequences for the financial health and viability of the Nation’s universal mail system,” said Chairman Ruth Y. Goldway.
By law, OPM, which is responsible for calculating the Postal Service’s CSRS pension liability, must now reconsider its calculation of the Postal Service’s pension assets in light of this report, and submit the results of its reconsideration to the Commission, the Postal Service, and Congress.
The Commission finds that the report, prepared by The Segal Company, provides a persuasive statement of how generally accepted accounting principles should be used to develop the current postal pension assets.
The Commission suggests that Congress may wish to alter the schedule established in the Postal Accountability and Enhancement Act (PAEA) for potential transfers from the Postal Service Retirement Fund to its Retiree Health Benefit Fund. Currently, such transfers may not take place before September 30, 2015.
The full report, Civil Service Retirement System Cost and Benefit Allocation Principles, is available on the Commission web site, http://prc.gov/.
USPS OIG: Fixing CSRS Overpayment and pre-funding requirements would fully fund pension and retiree health benefits
The economic downturn and the continued electronic diversion of mail, coupled with an aggressive retiree health pre-payment schedule have combined to put the Postal Service in financial crisis. A recent analysis of the future of the mail conducted on behalf of the Postal Service showed that mail volume may not recover along with the economy – further deteriorating the Postal Service’s financial condition in the years to come. Moreover, in its April 12 report entitled, “U.S. Postal Service: Strategies and Options to Facilitate Progress Toward Financial Viability,” the Government Accountability Office (GAO) found This report presents the results of our review of the Civil Service Retirement System (CSRS) Overpayment by the U.S. Postal Service (Project Number 10YO036CI000).This report discusses the $75 billion CSRS overpayment by the Postal Service in fiscal years (FY) 1972 through 2009. The objective of this review was to assess the facts concerning this overpayment and identify any possible solution(s) to correct the overpayment to the benefit of the Postal Service. This review addresses financial risk.See Appendix A for additional information about this review.
On May 5, 2010, the U.S. Postal Service Office of Inspector General (OIG) entered, for the record, the attached Congressional testimony with the U.S. Congress in addition to the oral testimony previously given by the Postal Service’s Inspector General (IG) before Congress on April 15 and 22, 2010. 1 The attached testimony (See Appendix B) explains, in detail, the Postal Service’s $75 billion overpayment to the CSRS and three possible solutions to correct the overpayment contained in the IG’s written testimony of May 5, 2010. (See Appendix B pages 13 – 16)
Conclusion
The Postal Service pension fund is not made up of tax dollars. The two funding streams are the employees’ own money and money collected from postage sales, with inflated prices as a result of the $75 billion overpayment. See Appendix C for OIG’s detailed monetary impact calculation. The return of the overpayment or a combination of actions to realize the benefit of the $75 billion overpayment to the Postal Service would fully fund the pension and health retiree plans. The Postal Service’s more than $7 billion annual payments for retiree health care prefunding and retiree health care premiums would no 1 The April 15, 2010, Hearing before the Committee on Oversight and Government reform and the Subcommittee on the Federal Workforce, Postal Service, and the District of Columbia House of Representatives and the April 22, 2010, Hearing before the Senate Homeland Security and Governmental Affairs Committee’s Subcommittee on the Federal Financial Management, Government Information, Federal Services, and International Security.
How the $75 Billion overcharge started:
In July 1971, when the Post Office Department became the Postal Service, employees that belonged to the federal pension fund began contributing to the Postal Service’s portion of the pension fund. These retirement costs were divided according to the number of years employees had belonged to each fund. However, the federal pension fund paid for retirements was based on 1971 salaries, not final salaries as administered by the Office of Personnel Management (OPM).
OPM has explained that these mischarges were in response to what they believed to be the will of Congress expressed in 1974 legislation. However, the 1974 language was repealed by Congress in 2003. Congress directed OPM to use its authority to oversee the reforms using accepted “dynamic assumptions” that include pay increases and inflation. OPM switched to dynamic funding for the Postal Service portion, but did not for their share. The Postal Service paid the $75 billion difference.
In 2004, the Postal Service appealed the OPM’s methodology for pension fund allocation and the appeal was denied by the OPM. The denial relied on 1974 legislation that made the Postal Service responsible for the pension costs related to salary increases. However, the 1974 language was repealed by Congress.
In addition, the OPM directed the Postal Service to use 100 percent pre-funding for both pension and health care retirement funds. In contrast the OPM has pension funding levels of 41 percent for federal employees and 24 percent for the military. The OPM’s own retiree health care prefunding for federal employees is 0 percent. The Standard & Poor’s 500 companies’ pension funding is 80 percent.
Correcting either the $75 billion overcharge or reducing the 100 percent target prefunding level to 80 percent would result in the ability of the Postal Service to pay off the Treasury debt associated with paying the $75 billion overcharge.
Accordingly, the annual costs and premiums for the health care liability could be financed out of the interest earnings and surplus. Another option for the Postal Service could be to use the $75 billion overcharge to pledge to the retiree health fund instead of making annual payments. This could be done with the agreement of the OPM and the U.S. Treasury.
The details concerning each of the three possible solutions can be found in the appendix of the attached Congressional testimony.
See Full Report: Management Advisory Report – Civil Service Retirement System
Overpayment by the Postal Service (Report Number CI-MA-10-001).
Federal Disability Retirement under FERS or CSRS: Understanding the Different Perspectives and Differing Interests
by Attorney Robert R. McGill
As with most things in life, attempting to secure a Federal Disability Retirement annuity under FERS or CSRS requires an extraordinary amount of time, effort, planning, and the collection, formulation and coordination of a compendium of information. Multiple questions arise at the early stages of planning: Can I live on 60% of the average of one’s highest-3 consecutive years of salary for the first year, then upon the second and subsequent years at 40% (planning stage)? Will my doctor support me (collection of information stage)? How must it be stated, and what must be stated, on the Applicant’s Statement of Disability (Standard Form 3112A, both for FERS & CSRS) (formulation stage)? How do I get the doctor to cooperate, make sure my Supervisor does his or her portion, and who fills out the Agency Certification of Reassignment and Accommodation Efforts (SF 3112D) (coordination stage)? And these are just a small fraction of the questions one needs to ask in preparing to file for Federal Disability Retirement benefits.
Before engaging in the minutiae of preparing an application for Federal Disability Retirement, it is often a good idea to take a macro-perspective of the process as a whole.
What a potential applicant for Federal Disability Retirement needs to understand, at a minimum, are the varying perspectives of (potentially) differing interests involved in the totality of the process of this “thing” called Federal Disability Retirement under FERS or CSRS. The four (4) main interests involved are: (1) The individual applicant who will be filing for Federal Disability Retirement benefits; (2) The Agency for which the applicant works; (3) The Doctor who is treating the applicant who is contemplating filing for Federal Disability Retirement benefits; and (4) The Office of Personnel Management. The key to success in filing and winning an approval is to recognize the different perspectives of each of the four main interests, to coordinate the differing interests, and then to formulate a plan to garner the proper support from each.
Thus, let us take each interest in the order listed:
1. The individual applicant who is contemplating filing for Federal Disability Retirement benefits under FERS or CSRS. Whether because of medical conditions which have impacted the physical body – from Cervical, Lumbar or Thoracic degenerative diseases, or Shoulder Impingement Syndrome; Lupus; Multiple Sclerosis; Parkinson’s Disease; Carpal Tunnel Syndrome; Plantar Fasciitis; Multiple Chemical Sensitivity (including allergies); Fibromyalgia; Chronic Fatigue Syndrome; Migraine headaches; or a host of other medical conditions not listed (this is not intended to be an exhaustive list, by any stretch of the imagination) – to Psychiatric diagnoses of Major Depression, Generalized Anxiety Disorder; panic attacks, Agoraphobia; Obsessive-Compulsive Disorder; ADD or ADHD; Autism Spectrum Disorders (including Asperger’s); Post Traumatic Stress Disorder, etc. (again, this list is not meant to be exhaustive), the important point is to know that the individual has come to a stage in his or her life where a medical disability has become so intractable, despite surgery, physical therapy, medication regimens; psychotropic medications; psychotherapeutic intervention; and multiple other reasonable modalities of treatments – all of which have been merely temporary and palliative in nature; but work is and has been suffering; and the individual cannot perform one or more of the essential elements of the job, and the medical condition is expected to last for a minimum of 12 months. The time has come to file. Work and career have been a major part of one’s life, and it is difficult to come to acknowledge the reality that such work cannot be performed anymore, and the years invested with an Agency must come to an end. This is where “quality of life” issues become important: Am I coming home each day just to recuperate to make it to work for another day? Am I using up so much LWOP that my performance is suffering? Am I in danger of being placed on a PIP? Is my Agency thinking about terminating me? Before it reaches a critical point, it is important to begin planning; and the first step in planning is to acknowledge bluntly and forthrightly, that the time has come to file for Federal Disability Retirement under FERS or CSRS.
2. The Agency for which the applicant works. Agencies are strange organic entities. They reflect, on a microcosmic scale, the people at all levels who work for the Agency. Don’t ever expect that loyalty is a bilateral avenue – it is not. Your loyalty for twenty years to an Agency will not be remembered on the day you start to impede the mission of the Agency. An employee’s loyalty to an Agency is rewarded only to the extent that the level of performance reflects positively upon the immediate Supervisor. Once the performance level begins to falter, the true avenue of loyalty reveals itself: it is a unilateral avenue. Your years of loyalty are forgotten. Is there a solution to this problem? To some extent; by persuading those who are open to persuasion, that the applicant for Federal Disability Retirement benefits and the Agency have a common goal: the Agency wants the vacant position which the applicant presently fills; the applicant wants to secure his or her financial security by obtaining Federal Disability Retirement benefits. Thus, the emphasis upon the commonality of goals can result in a positive result which is beneficial to both parties.
3. The Doctor who is treating the applicant. He or she is the critical linchpin of the case, and to garner the support of the most valuable resource in a Federal Disability Retirement case is essential. By his or her very nature, the doctor hates such administrative details of the job. To be asked to write a medical narrative report is anathema to the very essence of who a doctor is. A doctor is trained to treat patients. The administrative headaches of writing a convincing, excellent narrative report is the last thing that a doctor wants to do. It is therefore critically important to explain to the doctor, in clear and concise terms, the nature of Federal Disability Retirement; how it differs from Social Security or Worker’s Comp; what elements and issues need to be addressed in the narrative report; and why helping to obtain Federal Disability Retirement benefits is in the best interests of the patient.
4. The Office of Personnel Management. This is the toughest out of the four. This is the Agency which receives and reviews all Federal Disability Retirement applications under FERS or CSRS. They apply the legal criteria in determining whether or not the applicant qualifies. Not everyone who makes a decision is fully informed of the governing laws, and so it is imperative that an Application for Federal Disability Retirement is well-formulated, concisely written, descriptively delineated, and supported by credible medical documentation. The Office of Personnel Management (OPM) will never meet you; you are a faceless entity with merely a paper trail. As such, the paper submission must be convincing, persuasive, and meet the burden of proof by a preponderance of the evidence.
A successful Federal Disability Retirement application under FERS or CSRS, submitted to the Office of Personnel Management, must take into account all of the four (4) interests described above, and coordinate them, taking into account the differing perspectives which will often involve seemingly opposing interests. It is the ability to garner the support of each, to coordinate and extrapolate the advantages from each, and to compile, formulate, and prepare an excellent presentation which will have a high chance of being approved by the Office of Personnel Management. This is where one might consider the “5th” entity – that of an Attorney who specializes in Federal Disability Retirement laws. It is a consideration worth pursuing, especially because it concerns the future financial security of a Federal or Postal employee which we are speaking about – you.
Attorney Robert R. McGill specializes in federal disability retirement cases helping Federal and Postal workers secure their disability retirement benefits under both FERS and CSRS.