FERS

F

Fleigerhorse

PEB Forum Regular Member
I am a Guard Tech that will soon be out on a Military disability. I then will be put out of my GS position. The question I have is: has anyone been put out on an OPM retirement went back to work under the 80% ceiling and been reevaluated? The reason I ask is I will be able to get a job under the 80% ceiling but it would be working full time. Also this job does not provide insurance. I read on the OPM sight that they have the option at any time to reevaluated my condition. I just don't want to screw up my insurance by working full time even though I would be under the dollar limit.:confused:
Thanks
Chuck
 
From what I understand as you will be medically retired because of loss of military membership and the law that states OPM has to retire you I do not think they will be reevaluating unless something off the wall comes up. As long as you stay under the 80% rule you should be fine. In 29 years I have only herd of one person being brought back, he went out with bad back and was seen water skiing several times and someone complained to the right people.
 
The reason why I asked is because the NDAA 2008 states that if you still can perform your mil tech duty you can still be employed by the Military. But since your injury occurred prior to 2008 I don't know if you qualify. Any one out there know? Advise.


SEC. 511. RETENTION OF MILITARY TECHNICIANS WHO LOSE DUAL
STATUS IN THE SELECTED RESERVE DUE TO COMBAT RELATED
DISABILITY.
Section 10216 of title 10, United States Code, is amended
by inserting after subsection (f) the following new subsection:
‘‘(g) RETENTION OF MILITARY TECHNICIANS WHO LOSE DUAL
STATUS DUE TO COMBAT-RELATED DISABILITY.—(1) Notwithstanding
subsection (d) of this section or subsections (a)(3) and (b) of section
10218 of this title, if a military technician (dual status) loses such
dual status as the result of a combat-related disability (as defined
in section 1413a of this title), the person may be retained as
a non-dual status technician so long as—
‘‘(A) the combat-related disability does not prevent the person
from performing the non-dual status functions or position;
and
‘‘(B) the person, while a non-dual status technician, is
not disqualified from performing the non-dual status functions
or position because of performance, medical, or other reasons.
‘‘(2) A person so retained shall be removed not later than
30 days after becoming eligible for an unreduced annuity and
becoming 60 years of age.
‘‘(3) Persons retained under the authority of this subsection
do not count against the limitations of section 10217(c) of this
title.’’.
 
It would apply. The time to look at is not the date of injury, but rather the date that they lose dual status due to combat related disability.
 
It would apply. The time to look at is not the date of injury, but rather the date that they lose dual status due to combat related disability.
Click to expand...
There you have it. Fleigerhorse, if your injury is combat related then you may want to pursue that avenue if you can, unless you can not still do your civ military job, or if you just want to get out totally.
 
RikersIsland1 said:
The reason why I asked is because the NDAA 2008 states that if you still can perform your mil tech duty you can still be employed by the Military. But since your injury occurred prior to 2008 I don't know if you qualify. Any one out there know? Advise.


SEC. 511. RETENTION OF MILITARY TECHNICIANS WHO LOSE DUAL
STATUS IN THE SELECTED RESERVE DUE TO COMBAT RELATED
DISABILITY.
Section 10216 of title 10, United States Code, is amended
by inserting after subsection (f) the following new subsection:
‘‘(g) RETENTION OF MILITARY TECHNICIANS WHO LOSE DUAL
STATUS DUE TO COMBAT-RELATED DISABILITY.—(1) Notwithstanding
subsection (d) of this section or subsections (a)(3) and (b) of section
10218 of this title, if a military technician (dual status) loses such
dual status as the result of a combat-related disability (as defined
in section 1413a of this title), the person may be retained as
a non-dual status technician so long as—
‘‘(A) the combat-related disability does not prevent the person
from performing the non-dual status functions or position;
and
‘‘(B) the person, while a non-dual status technician, is
not disqualified from performing the non-dual status functions
or position because of performance, medical, or other reasons.
‘‘(2) A person so retained shall be removed not later than
30 days after becoming eligible for an unreduced annuity and
becoming 60 years of age.
‘‘(3) Persons retained under the authority of this subsection
do not count against the limitations of section 10217(c) of this
title.’’.
Click to expand...
The only thing that concerns me is the "may be retained" part of this. That does not mean no. I will bring this up to my chain of command and see what they say. Thank you for the great information!
Chuck
 
I would like to thank all responses to this question! The knowledge on this sight is second to none. I hope all people that have blazed the trail and continue to do the research to help a fellow vet realize just how much good you are doing. I just went over 24 years yesterday and when I enter this sight I can not help but think of the greatest lesson learned year one by my squad leader. "take care of you people and they will take care of the mission". That is what you all are doing, taking care of the people so we can complete our mission.
Chuck
 
Yes "may be retained" is the million dollar question. I have not herd of anyone getting to stay. Please let us know what your HRO has to say about it.
 
The only thing that concerns me is the "may be retained" part of this. That does not mean no. I will bring this up to my chain of command and see what they say. Thank you for the great information!
Click to expand...

I would think that it would depend if your medical doctor feels that you can still perform your civ military duty.

Yes "may be retained" is the million dollar question. I have not herd of anyone getting to stay. Please let us know what your HRO has to say about it.
Click to expand...

The "may" is the issue. The Secretary of the respective service "may" do this or that has always been written in law instead of "shall" leaving it up to the respective Service. I remember reading an article from someone explaining why there is no "shall" yet promised from politicians when running for office.
 
I think how this would play out is similar to any other administrative agency action. That is, the criteria would be if the decision to retain or separate is "arbitrary and capricious." I am not sure if they have promulgated any implementing guidance, which may offer further standards, but generally speaking (and this is a real simplification, but I think it explains the basic concepts), they would have to make their decision based on consideration of "relevant factors."

So, if they decide against you, they would have to explain why. If you have evidence that they don't consider (and the doctor's input would likely be good evidence) then the decision would not stand on review.

Again, a real simplification...like anything, you want to have as much favorable evidence as you can. I would think your supervisors support or an evaluation showing that you can still perform would be very helpful.

Best of luck!
 
Has anyone mentioned the possibility of another (non-military) federal job with "save pay"? I ask this because I am an ART before an MEB with an "approved" LOD and this possibility was talked about in one of my briefings. The Reserves run their dual-status program differently than the Guard, but it makes you wonder. If they smile on you and place you in another GS slot that your disability doesn't disqualify you for, at your current pay (if that slot is in a lower pay band), that would be sweet. 100% beats 80% and you would keep FEHBP to boot. Or maybe they're telling me some silly stories here. Good luck...
 
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