CSRS FERS

Special Retirement Provisions for Law Enforcement 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Important Notice 

A series of court cases have changed the way the Office of Personnel Management (OPM) 

calculates disability annuities and survivor annuities that are based in whole or in part on service 

in positions that are usually tied to higher retirement deduction rates and to higher annuity accrual 

rates. Benefits Administration Letter (BAL) 10-105, Enhanced Disability and Survivor 

Annuity Computations Under CSRS and FERS, July 7, 2010, provides information and 

guidance relating to those changes. The information in BAL 10-105 applies to both disability 

claims and survivor annuity claims (based on a death-in-service) under the Civil Service 

Retirement System (CSRS) and under the Federal Employees Retirement System (FERS) that 

involve employees who have performed service in the following positions: 

 Law Enforcement Officer, Firefighter, and Nuclear Materials Courier, that is qualifying for 

retirement under 5 U.S.C. § 8336(c) or § 8412(d);

 Custom and Border Protection Officer that is qualifying for retirement under 5 U.S.C. 

§ 8336(c) or § 8412(d);

 Member of the Supreme Court Police;

 Member of the Capitol Police; and

 Air Traffic Controller that is qualifying for retirement under 5 U.S.C. § 8336(e) or § 8412(e).

The information in BAL 10-105 supersedes the information in chapters 61 and 70 of the CSRS 

and FERS Handbook that references disability and survivor annuity computations for the 

employees working in positions listed above. It also supersedes the guidance provided in BAL 

95-106, dated October 20, 1995, and BAL 02-104, dated May 10, 2002. 

Click here to read BAL 10-105.

 
 CSRS Special Retirement Provisions for Law Enforcement FERS i 

Officers, Firefighters, Air Traffic Controllers,
 

and Military Reserve Technicians
 

Chapter 46
 

Table of Contents
 

Subchapter 46A CSRS 

Part 46A1.1-1 General Information 

Section 46A1.1-1 Overview ........................................ 1
 

A. Introduction ................................................ 1
 

B. Topics Covered .............................................. 1
 

C. Organization of Subchapter ....................................... 2
 

D. Statement of Authority .......................................... 2
 

Part 46A2 Air Traffic Controllers (ATC) 

Subpart 46A2.1 Determination of Coverage (ATC) 

Section 46A2.1-1 Definition ........................................ 3
 

A. Air Traffic Controller .......................................... 3
 

Section 46A2.1-2 Who Determines Coverage ............................. 4
 

A. Secretary or Designee .......................................... 4
 

Subpart 46A2.2 Retirement Eligibility (ATC) 

Section 46A2.2-1 Eligibility Requirements .............................. 5
 

A. General ................................................... 5
 

B. Minimum Age and Service ....................................... 5
 

C. Separation from Covered Position .................................. 6
 

D. "One-Out-of-Two" Requirement ................................... 6
 

E. Erroneous Separations .......................................... 6
 

Section 46A2.2-2 Mandatory Separation ............................... 7
 

A. General Rule ................................................ 7
 

B. Automatic Exemptions from Mandatory Separation ....................... 7
 

C. Exemption from Mandatory Separation Until Age 61 ...................... 7
 

D. Exemption from Mandatory Separation After Age 61 ...................... 8
 

E. Notice Requirement ........................................... 8
 

F. Appeal Rights ............................................... 8
 

CSRS and FERS Handbook April, 1998 
ii CSRS Special Retirement Provisions for Law Enforcement FERS 

Officers, Firefighters, Air Traffic Controllers,
 

and Military Reserve Technicians
 

Chapter 46
 

Part 46A3 Law Enforcement Officers and Firefighters (LEO/FF) 

Subpart 46A3.1 General (LEO/FF) 

Section 46A3.1-1 Definitions ....................................... 9
 

A. Agency Head ................................................ 9
 

B. Firefighter ................................................. 9
 

C. Law Enforcement Officer ........................................ 9
 

D. Detention Duties ............................................. 10
 

E. Frequent Direct Contact ......................................... 10
 

F. Primary Duties .............................................. 10
 

G. Primary Position ............................................. 10
 

H. Secondary Position ............................................ 11
 

I. First-Level Supervisors ......................................... 11
 

Subpart 46A3.2 Determination of Coverage (LEO/FF) 

Section 46A3.2-1 Conditions for Coverage .............................. 12
 

A. General ................................................... 12
 

B. Primary Position Determination .................................... 12
 

C. Secondary Position and Coverage Determination ......................... 13
 

D. Delegation of Approval Authority .................................. 14
 

E. Service Under a Detail or Temporary Promotion ......................... 14
 

F. Nondeduction Service .......................................... 14
 

G. Service Under Other Retirement Systems .............................. 15
 

Section 46A3.2-2 Evidence Requirements ............................... 16
 

A. Primary Positions ............................................. 16
 

B. Secondary Positions ........................................... 16
 

Section 46A3.2-3 Individual Requests for Past Service Credit ................. 17
 

A. General ................................................... 17
 

B. Burden of Proof .............................................. 17
 

C. Where to File Request .......................................... 18
 

D. Time Limit On Crediting of Prior Service ............................. 18
 

E. Retroactive Correction of Deduction ................................. 18
 

Section 46A3.2-4 Individual Requests for Position Approval .................. 19
 

> A. Time Limit on Individual Requests .................................. 19
 

B. Agency Head Decision ......................................... 19
 

C. Appeal Rights ............................................... 19
 

D. Individual Request for Secondary Coverage Determination .................. 20
 

April, 1998 CSRS and FERS Handbook 
 CSRS Special Retirement Provisions for Law Enforcement FERS iii
 

Officers, Firefighters, Air Traffic Controllers,
 

and Military Reserve Technicians
 

Chapter 46
 

Section 46A3.2-5 OPM Oversight of Coverage Determinations ................ 21
 

A. OPM Authority to Overrule ...................................... 21
 

B. Agency Records and Reporting .................................... 21
 

C. OPM Address ............................................... 21
 

Section 46A3.2-6 Agency Review of Approved Positions and Certification to OPM ... 22
 

A. Significant Change in an Approved Position ............................ 22
 

B. When Position is Abolished ...................................... 22
 

Subpart 46A3.3 Retirement Eligibility (LEO/FF) 

Section 46A3.3-1 Eligibility Requirements .............................. 23
 

A. General ................................................... 23
 

B. Minimum Age and Service ....................................... 23
 

C. Separation from Covered Position .................................. 24
 

D. "One-Out-of-Two" Requirement ................................... 24
 

E. Erroneous Separations .......................................... 24
 

Section 46A3.3-2 Mandatory Separation ............................... 25
 

A. General ................................................... 25
 

B. Standard Mandatory Separation .................................... 25
 

C. Exemption From Mandatory Separation Until Age 60 ...................... 25
 

D. Exemption From Mandatory Separation After Age 60 ..................... 26
 

E. Notice Requirement ........................................... 26
 

F. Appeal Rights ............................................... 26
 

Part 46A4 National Guard Technicians 

Section 46A4.1-1 National Guard Technicians ............................ 27
 

A. Definition .................................................. 27
 

B. General ................................................... 27
 

C. Special Rule for Disability Retirement ............................... 27
 

D. Termination of Disability Retirement ................................ 28
 

Part 46A5 Retirement Procedures 

Section 46A5.1-1 Retirement Procedures ............................... 29
 

A. General ................................................... 29
 

B. Employee Responsibility ........................................ 29
 

C. Agency Responsibility .......................................... 29
 

D. OPM Address ............................................... 30
 

CSRS and FERS Handbook April, 1998 
iv CSRS Special Retirement Provisions for Law Enforcement FERS 

Officers, Firefighters, Air Traffic Controllers,
 

and Military Reserve Technicians
 

Chapter 46
 

Section 46A5.1-2 Advice to Employee ................................. 31
 

A. Commencing Date of Annuity ..................................... 31
 

B. Reemployment of Retired Law Enforcement Officers and Firefighters ........... 31
 

C. Reemployment of Retired Air Traffic Controllers ........................ 31
 

D. Coverage of Reemployed Annuitants ................................. 31
 

Subchapter 46B FERS 

Part 46B1 General Information 

Section 46B1.1-1 Overview ........................................ 33
 

A. Introduction ................................................ 33
 

B. Organization of Subchapter ....................................... 33
 

C. Applicable CSRS Provisions ...................................... 33
 

D. Statement of Authority .......................................... 34
 

Part 46B2 Air Traffic Controllers 

Subpart 46B2.1 Retirement Eligibility (ATC) 

Section 46B2.1-1 Eligibility Requirements .............................. 35
 

A. General ................................................... 35
 

B. Applicable CSRS Provisions ...................................... 35
 

C. Erroneous Separations .......................................... 35
 

Section 46B2.1-2 Mandatory Separation ............................... 37
 

A. General ................................................... 37
 

B. Effective Date ............................................... 37
 

C. Applicable CSRS Provisions ...................................... 37
 

D. Exemption from Mandatory Separation After Age 61 ...................... 37
 

Part 46B3 Law Enforcement Officers and Firefighters 

Subpart 46B3.1 General (LEO/FF) 

Section 46B3.1-1 Definitions ....................................... 38
 

A. Firefighter ................................................. 38
 

B. Law Enforcement Officer ........................................ 38
 

C. Rigorous Position ............................................. 39
 

D. Secondary Position ............................................ 39
 

E. Applicable CSRS Definitions ..................................... 40
 

April, 1998 CSRS and FERS Handbook 
 CSRS Special Retirement Provisions for Law Enforcement FERS v 

Officers, Firefighters, Air Traffic Controllers,
 

and Military Reserve Technicians
 

Chapter 46
 

Subpart 46B3.2 Determination of Coverage (LEO/FF) 

Section 46B3.2-1 Conditions for Coverage .............................. 41
 

A. General ................................................... 41
 

B. Rigorous Position Determination ................................... 41
 

C. Secondary Position and Coverage Determination ......................... 42
 

D. Delegation of Approval Authority .................................. 43
 

E. Service Under a Detail or Temporary Promotion ......................... 43
 

F. Nondeduction Service .......................................... 43
 

G. Service Under the Foreign Service Pension System ....................... 44
 

H. Service Under Other Retirement Systems .............................. 44
 

Section 46B3.2-2 Evidence Requirements ............................... 45
 

A. Rigorous Position ............................................. 45
 

B. Secondary Position ............................................ 45
 

Section 46B3.2-3 Individual Requests for Position Approval .................. 46
 

A. Time Limit on Individual Requests .................................. 46
 

B. Agency Head Decision ......................................... 46
 

C. Appeal Rights ............................................... 46
 

D. Individual Request for Secondary Coverage Determination .................. 47
 

Section 46B3.2-4 OPM Oversight of Coverage Determinations ................ 48
 

A. OPM Authority to Overrule ...................................... 48
 

B. Agency Records and Reporting .................................... 48
 

C. OPM Address ............................................... 49
 

Section 46B3.2-5 Transitional Provisions ............................... 50
 

A. General ................................................... 50
 

B. When CSRS Definitions Apply .................................... 50
 

C. When FERS Definitions Apply .................................... 50
 

D. Creditability of Service Under CSRS ................................ 51
 

E. Application of Direct Transfer Requirement ............................ 51
 

F. Application of 3-Year Rigorous Service Requirement ...................... 51
 

G. Application of Continuous Secondary Coverage ......................... 51
 

Subpart 46B3.3 Retirement Eligibility (LEO/FF) 

Section 46B3.3-1 Eligibility Requirements .............................. 52
 

A. General ................................................... 52
 

B. Minimum Age and Service ....................................... 52
 

C. Applicable CSRS Provisions ...................................... 53
 

CSRS and FERS Handbook April, 1998 
vi CSRS Special Retirement Provisions for Law Enforcement FERS 

Officers, Firefighters, Air Traffic Controllers,
 

and Military Reserve Technicians
 

Chapter 46
 

Section 46B3.3-2 Mandatory Separation ............................... 54
 

A. Applicable CSRS Provisions ...................................... 54
 

B. Exemption From Mandatory Separation After Age 60 ..................... 54
 

Part 46B4 Military Reserve Technicians 

Section 46B4.1-1 Definition ........................................ 55
 

A. Military Reserve Technician ...................................... 55
 

B. Reserve Components ........................................... 55
 

Section 46B4.1-2 Eligibility Requirements for Retirement ................... 56
 

A. General ................................................... 56
 

B. Special Rule for Early Retirement .................................. 56
 

C. Special Rule for Disability Retirement ............................... 56
 

D. Termination of Disability Retirement ................................ 57
 

Part 46B5 Retirement Procedures 

Section 46B5.1-1 Retirement Procedures ............................... 58
 

A. General ................................................... 58
 

B. Employee Responsibility ........................................ 58
 

C. Agency Responsibility .......................................... 58
 

D. OPM Address ............................................... 59
 

Section 46B5.1-2 Advice to Employee ................................. 60
 

A. Commencing Date of Annuity ..................................... 60
 

B. Reemployment of Retired Law Enforcement Officers and Firefighters ........... 60
 

C. Applicable CSRS Provisions ...................................... 60
 

April, 1998 CSRS and FERS Handbook 
 CSRS Special Retirement Provisions for Law Enforcement
 1 

Officers, Firefighters, Air Traffic Controllers,

 and Military Reserve Technicians
 

Chapter 46
 

Subchapter 46A CSRS 

Part 46A1.1-1 General Information 

Section 46A1.1-1 Overview 

A.	 Introduction This subchapter covers special retirement provisions that apply to certain 

groups of CSRS employees: law enforcement officers, firefighters, air 

traffic controllers, and National Guard technicians. 

NOTE:	 National Guard technicians are military reserve technicians; 

however, not all military reserve technicians are National Guard 

technicians. See definitions in section 46A.1-1 and section 

46B4.1-1. The FERS subchapter addresses military reserve 

technicians generally. 

B. Topics Covered	 This subchapter covers -­

•	 The rules and procedures for determining whether an employee is 

covered as an air traffic controller; 

•	 The eligibility requirements that must be met for employees to retire 

under the special retirement provisions for air traffic controllers; 

•	 The rules and procedures for determining whether an employee is 

covered as a law enforcement officer or firefighter; 

•	 The eligibility requirements that must be met for employees to retire 

under the special retirement provisions for law enforcement officers or 

firefighters; 

•	 The special conditions under which a National Guard technician can 

qualify for a disability retirement; and 

•	 The procedures the employee and agency must follow when an 

employee is applying for retirement. 

NOTE:	 See Chapter 30, Employee Deductions and Agency 

Contributions, subchapter A, for information on the special 

employee deduction and agency contribution rates that apply 

to CSRS law enforcement officers and firefighters. See 

Chapter 54, Special Computations for Law Enforcement 

CSRS and FERS Handbook	 April, 1998 
2 CSRS Special Retirement Provisions for Law Enforcement
 

Officers, Firefighters, Air Traffic Controllers,
 

and Military Reserve Technicians
 

Chapter 46
 

Section 46A1.1-1 Overview (Cont.) 

B. Topics Covered	 Officers, Firefighters, and Air Traffic Controllers, 

(Cont.)	 subchapter A, for information on the special annuity 

computation formulas that apply to CSRS law enforcement 

officers, firefighters, and air traffic controllers. See 

Chapter 61, Computation of Disability Annuity Benefits, 

subchapter A, for information on CSRS disability benefits. 

C. Organization of This subchapter has five parts: 

Subchapter 

PART NAME OF PART PAGE 

46A1 General Information 1 

46A2 Air Traffic Controllers 3 

46A3 Law Enforcement Officers and 

Firefighters 9 

46A4 National Guard Technicians 27 

46A5 Retirement Procedures 29 

D. Statement of 

Authority 

NOTE: Subchapter 46B about special group provisions under FERS 

begins on page 33. 

This subchapter and its contents are based on the laws and regulations cited 

below. 

•	 United States Code: 5 U.S.C. 2109; 8331 (20)-(21); 8335(a) and (b); 

8336(c); 8337(h); 8345(b) 

•	 Public Laws: 92-297 (May 16, 1972); 93-350 (July 12, 1974); 96-347 

(September 12, 1980); 99-556 (October 27, 1986); 100-92 (August 18, 

1987); 101-509 (November 5, 1990) 

•	 Code of Federal Regulations: 5 CFR 831.503 and 5 CFR Part 831, 

Subpart I 

April, 1998	 CSRS and FERS Handbook 
 CSRS Special Retirement Provisions for Law Enforcement
 3 

Officers, Firefighters, Air Traffic Controllers,

 and Military Reserve Technicians
 

Chapter 46
 

Part 46A2 Air Traffic Controllers (ATC)
 

Subpart 46A2.1 Determination of Coverage (ATC)
 

Section 46A2.1-1 Definition 

A. Air Traffic 1. "Air traffic controller" means a civilian employee of the Department of 

Controller	 Transportation or the Department of Defense in an air traffic controller 

facility or flight service station facility who is actively engaged in -­

•	 The separation and control of air traffic; or 

•	 Providing pre-flight, in-flight, or airport advisory service to aircraft 

operators. 

2.	 Also included in this definition is an employee who is the immediate 

(first-level) supervisor of an air traffic controller as defined above. 

NOTE:	 Flight service station specialist service--that is, service that 

involves providing pre-flight, in-flight, or airport advisory service 

to aircraft operators--performed before 1987 is considered "air 

traffic controller service" only if the employee separated for 

retirement on or after January 1, 1987. 

CSRS and FERS Handbook	 April, 1998 
4 CSRS Special Retirement Provisions for Law Enforcement 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Section 46A2.1-2 Who Determines Coverage 

A. Secretary or
 

Designee
 

The Secretary of Transportation and the Secretary of Defense are authorized 

to determine that an employee's service in a position is service as an air 

traffic controller. Also, the designee of one of these Secretaries may make 

this determination. 

OPM accepts the certification of the Secretary (or designee) in determining 

the amount of service performed as an air traffic controller retiring under 

the special provisions. 

April, 1998 CSRS and FERS Handbook 
 CSRS Special Retirement Provisions for Law Enforcement
 5 

Officers, Firefighters, Air Traffic Controllers,

 and Military Reserve Technicians
 

Chapter 46
 

Subpart 46A2.2 Retirement Eligibility (ATC) 

Section 46A2.2-1 Eligibility Requirements 

A.	 General CSRS air traffic controllers may retire voluntarily or involuntarily (except 

by removal for cause on charges of misconduct or delinquency) at an early 

age without a reduction in the basic annuity if all of the following 

conditions are met: 

• Age and service requirements; 

• Separation from a position subject to CSRS coverage; and 

• "1-out-of-2" requirement. 

NOTE 1:	 An air traffic controller's retirement may be triggered by 

mandatory separation based on age. See section 46A2.2-2. 

NOTE 2: For the special annuity computation rules that apply to air 

traffic controllers who retire after meeting the above 

requirements, see Chapter 54, section 54A3.1-2. 

B. Minimum Age An employee must meet one of the age and service requirements below at 

and Service separation to be eligible for retirement under the special provisions for air 

traffic controllers: 

Age: Service Creditable Under Special Provisions 

for Air Traffic Controllers: 

At least 50 20 years 

Any Age 25 years 

NOTE 1: Accrued and unused sick and/or annual leave cannot be used 

to meet the minimum service requirement. 

NOTE 2: Military service, even if creditable under CSRS, cannot be 

credited as air traffic controller service under the special 

provisions. Thus, military service cannot be used to meet 

the minimum service requirement, except as discussed 

below. 

CSRS and FERS Handbook	 April, 1998 
6 CSRS Special Retirement Provisions for Law Enforcement 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Section 46A2.2-1 Eligibility Requirements (Cont.) 

B.	 Minimum Age 

and Service 

(Cont.) 

C. Separation from 

Covered Position 

However, under certain circumstances, an individual entering military 

service directly from a civilian position is entitled to have that period of 

service treated as if it were civilian. (See Chapter 22, Creditable Military 

Service, part 22A6.) If the individual is in an air traffic controller position 

at the time of entry into the military, the period creditable as civilian 

service may be used toward satisfying the 20- or 25-year minimum service 

requirement. 

The employee must be separated from a position covered by retirement 

deductions. 

NOTE:	 An employee is not required to separate from a position as an air 

traffic controller to retire under the special provisions. Once an 

employee meets the minimum service requirement (that is, 20 or 

25 years), he or she may exercise the right to retire under the 

special provisions even if the employee is no longer covered by 

these provisions at the time of retirement. 

D.	 "One-Out-of- The employee must be covered by CSRS for at least 1 year within the 

Two" 2-year period immediately preceding the separation on which the annuity is 

Requirement based. The 1 year of service does not have to be continuous. 

E. Erroneous 

Separations 

In the event an employee separates voluntarily with the expectation of 

qualifying for retirement as an air traffic controller, and OPM finds that the 

employee does not meet one of the above eligibility requirements, such 

separation may be found to be erroneous. See Chapter 40, Planning and 

Applying for Retirement, for additional information about erroneous 

separations. 

April, 1998	 CSRS and FERS Handbook 
 CSRS Special Retirement Provisions for Law Enforcement
 7 

Officers, Firefighters, Air Traffic Controllers,

 and Military Reserve Technicians
 

Chapter 46
 

Section 46A2.2-2 Mandatory Separation 

A.	 General Rule Except as provided in later paragraphs of this section, an air traffic 

controller is subject to mandatory separation upon reaching age 56, and the 

mandatory separation is effective on the last day of the month in which the 

employee becomes age 56. (For retirement purposes, an employee becomes 

age 56 on the day before his or her 56th birthday.) 

NOTE 1:	 A CSRS air traffic controller is subject to mandatory separation 

even if he or she has not acquired sufficient years of air traffic 

controller service to qualify for retirement under the special 

provisions. However, mandatory separation does not apply to 

employees who are eligible for retirement under the special 

provisions but who are not currently occupying an air traffic 

controller position. 

NOTE 2:	 A mandatory separation is considered an involuntary separation 

for purposes of other CSRS provisions. 

B.	 Automatic 

Exemptions from 

Mandatory 

Separation 

The following categories of CSRS air traffic controllers are automatically 

exempted from mandatory separation: 

•	 Air traffic controllers who were first appointed by the Department of 

Transportation before May 16, 1972; 

•	 Air traffic controllers who were first appointed by the Department of 

Defense before September 12, 1980; and 

• Flight service station specialists who were first appointed before 

January 1, 1987. 

C. Exemption from The Secretary of Transportation or the Secretary of Defense may exempt an 

Mandatory air traffic controller having exceptional skills and experience as a controller 

Separation Until from mandatory separation until that controller reaches age 61. 

Age 61 

CSRS and FERS Handbook	 April, 1998 
8 CSRS Special Retirement Provisions for Law Enforcement
 

Officers, Firefighters, Air Traffic Controllers,
 

and Military Reserve Technicians
 

Chapter 46
 

Section 46A2.2-2 Mandatory Separation (Cont.) 

D.	 Exemption from 1. If the Secretary of Transportation or the Secretary of Defense wishes to 

Mandatory secure an exemption from mandatory separation for an air traffic 

Separation After controller beyond that employee's 61st birthday, the Secretary must 

Age 61 submit a recommendation to that effect to the Chief of the Retirement 

Policy Division at OPM. The recommendation must contain: 

•	 A statement that the employee is willing to remain in service; 

•	 A statement of facts tending to establish that his or her retention 

would be in the public interest; 

•	 The period (which may not exceed 1 year) for which the exemption 

is desired; and 

•	 The reasons why the simpler method of retiring the employee and 

not immediately rehiring him or her is not being used. 

The recommendation must be accompanied by a medical certificate 

showing the physical fitness of the employee to perform his or her 

work. 

2.	 OPM may approve an exemption only before the mandatory separation 

date applicable to the employee. For this reason, the department or 

agency must forward the recommendation to OPM at least 30 days 

before separation. 

E. Notice 

Requirement 

Once the date of mandatory separation is determined for an air traffic 

controller, the employing agency must notify the employee in writing of the 

date of separation at least 60 days in advance of the date. Action to 

separate the employee is not effective, without the consent of the employee, 

until the last day of the month in which the 60-day notice expires. 

F.	 Appeal Rights A mandatory separation is not an adverse action under 5 CFR Part 752 or a 

removal action under 5 CFR Part 359. In other words, a mandatory 

separation is not an appealable action. 

April, 1998	 CSRS and FERS Handbook 
 CSRS Special Retirement Provisions for Law Enforcement
 9 

Officers, Firefighters, Air Traffic Controllers,

 and Military Reserve Technicians
 

Chapter 46
 

Part 46A3 Law Enforcement Officers and Firefighters (LEO/FF) 

Subpart 46A3.1 General (LEO/FF) 

Section 46A3.1-1 Definitions 

A.	 Agency Head "Agency head" means, for the executive branch agencies, the head of an 

executive agency (as defined in 5 U.S.C. 105); for the legislative branch, 

the Secretary of the Senate, the Clerk of the House of Representatives, or 

the head of any other legislative branch agency; for the judicial branch, the 

Director of the Administrative Office of the United States Courts; for the 

Postal Service, the Postmaster General; and for any other independent 

establishment that is an entity of the Federal government, the head of the 

establishment. 

NOTE: The head of a component agency within an executive department-­

such as the Department of the Army or the Internal Revenue 

Service--is not considered an agency head nor a headquarters-level 

official. 

B.	 Firefighter "Firefighter" means an employee in a position whose duties are primarily to 

perform work directly connected with the control and extinguishment of 

fires or the maintenance and use of firefighting apparatus and equipment. 

Also included in this definition is an employee who moves directly from a 

primary firefighter position to a secondary position. (See definition of 

"secondary position" in paragraph H.) 

NOTE: An employee whose primary duty is the performance of routine fire 

prevention inspections is excluded from this definition. 

C. Law Enforcement 

Officer 

"Law Enforcement Officer" means an employee in a position whose duties 

are primarily the investigation, apprehension, or detention of individuals 

suspected or convicted of offenses against the criminal laws of the United 

States, including an employee engaged in this activity who moves directly 

to a secondary position. (See definition of "detention duties" in 

paragraph D.) 

The definition does not include an employee whose primary duties involve 

maintaining law and order, protecting life and property, guarding against or 

inspecting for violations of law, or investigating persons other than persons 

who are suspected or convicted of offenses against the criminal laws of the 

United States. 

CSRS and FERS Handbook	 April, 1998 
10 CSRS Special Retirement Provisions for Law Enforcement 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Section 46A3.1-1 Definitions (Cont.) 

D.	 Detention Duties "Detention duties" means duties that require frequent direct contact in the 

detention, direction, supervision, inspection, training, employment, care, 

transportation, or rehabilitation of individuals suspected or convicted of 

offenses against the criminal laws of the United States or the District of 

Columbia, or offenses against the punitive articles of the Uniform Code of 

Military Justice (10 U.S.C. chapter 47). 

E. Frequent Direct "Frequent direct contact" means personal, immediate, and regularlyContact assigned contact with detainees, while performing detention duties that are 

repeated and continued over a typical work cycle. 

F. Primary Duties	 "Primary duties" are those duties of a position that -­

1.	 Are paramount in influence or weight; that is, constitute the basic 

reasons for the existence of the position; 

2.	 Occupy a substantial portion of the individual's working time over a 

typical work cycle; and 

3.	 Are assigned on a regular and recurring basis. 

Duties that are of an emergency, incidental, or temporary nature cannot be 

considered "primary" even if they meet the substantial portion of time 

criterion. 

In general, if an employee spends an average of at least 50 percent of his or 

her time performing a duty or group of duties, they are deemed to be his or 

her primary duties, without the need for further evidence or support. 

G. Primary Position	 "Primary position" means a position whose primary duties are -­

1.	 To perform work directly connected with controlling and extinguishing 

fires or maintaining and using firefighter apparatus and equipment; or 

2.	 Investigating, apprehending, or detaining individuals suspected or 

convicted of offenses against the criminal laws of the United States. 

April, 1998	 CSRS and FERS Handbook 
 CSRS Special Retirement Provisions for Law Enforcement 11 

Officers, Firefighters, Air Traffic Controllers,

 and Military Reserve Technicians
 

Chapter 46
 

Section 46A3.1-1 Definitions (Cont.) 

H.	 Secondary "Secondary position" means a position that -­

Position 

1.	 Is in the law enforcement or firefighting field; 

2.	 Is in an organization having a law enforcement or firefighting mission; 

and 

3.	 Is either: 

•	 Supervisory, that is, a position whose primary duties are those of a 

first-level supervisor of law enforcement officers or firefighters in 

primary positions; or 

•	 Administrative, that is, an executive, managerial, technical, 

semiprofessional, or professional position for which experience in a 

primary law enforcement or firefighting position, or equivalent 

experience outside the Federal government, is a mandatory 

prerequisite. 

I. First-Level "First-level supervisors" are employees classified as supervisors who have 

Supervisors direct and regular contact with the employees they supervise. First-level 

supervisors do not have subordinate supervisors. They are the first-line 

supervisors of primary law enforcement officers or firefighters. 

CSRS and FERS Handbook	 April, 1998 
12 CSRS Special Retirement Provisions for Law Enforcement 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Subpart 46A3.2 Determination of Coverage (LEO/FF) 

Section 46A3.2-1 Conditions for Coverage 

A. General To establish whether a CSRS employee's service is covered under the 

special provisions for law enforcement officers and firefighters, an agency 

must first determine whether the employee occupies a primary position or a 

secondary position. If the employee occupies a secondary position, he or 

she must also meet certain conditions to qualify for coverage, as explained 

in this section. 

NOTE: A coverage determination issued by OPM or its predecessor, the 

Civil Service Commission, will not be reopened by an employing 

agency, unless the agency head determines that new and material 

evidence is available that, despite due diligence, was not available 

before the decision was issued. (See section 46A3-2.5 concerning 

OPM's oversight authority, and section 46A3.2-6 concerning 

agency review of approved positions.) 

All determinations affecting an individual's coverage as a law enforcement 

officer or firefighter must be filed in the permanent (right) side of the 

employee's Official Personnel File. 

Section 2-2 of this subpart describes the evidence requirements that apply to 

position determinations. Section 2-3 gives instructions on how individuals 

may request credit for past service. Section 2-4 describes how an 

individual employee may request a position determination (or 

reconsideration of a denial of secondary coverage). Section 2-5 describes 

OPM's oversight role and related agency responsibilities. 

NOTE: Once it is established that an employee's service is covered under 

the special provisions for CSRS law enforcement officers and 

firefighters, the agency must withhold the required deductions from 

the employee's pay (one-half percent higher than regular deduction 

rate--currently, 7.5 percent instead of 7 percent). (See Chapter 84, 

Correction of Retirement Records, regarding retroactive 

corrections of coverage.) 

B. Primary Position 

Determination 

An employee's service in a position that has been determined by the 

employing agency head to be a primary position is covered under the 

special group provisions for law enforcement officers and firefighters. 

April, 1998 CSRS and FERS Handbook 
 CSRS Special Retirement Provisions for Law Enforcement 13 

Officers, Firefighters, Air Traffic Controllers,

 and Military Reserve Technicians
 

Chapter 46
 

Section 46A3.2-1 Conditions for Coverage (Cont.) 

B.	 Primary Position NOTE: A first-level supervisory position may be a primary position if it 

Determination meets the definitions and conditions described in section 46A3.1­

(Cont.) 1E and F.

C.	 Secondary An employee's service in a position that has been determined by the 

Position and employing agency head to be a qualifying secondary position is covered 

Coverage under the special group provision, if the following requirements are met: 

Determination 

1.	 The employee, while covered under the special provision, moves 

directly (that is, without a break in service exceeding 3 days) from a 

primary position to a secondary position; and 

2.	 If applicable, the employee has been continuously employed in a 

secondary position or positions since moving from a rigorous position 

without a break in service exceeding 3 days. 

EXCEPTION:	 Do not count a break in employment in secondary 

positions that began before January 19, 1988, or a 

break that was based on an involuntary separation 

(not for cause) within the meaning of 5 U.S.C. 

8336(d) in determining whether service in 

secondary positions is continuous for this purpose. 

(See Chapter 44, Discontinued Service Retirement.) 

NOTE: The regulations establishing the above rule on secondary 

positions were published on December 17, 1987, and were 

effective on January 19, 1988. Under prior regulations 

published on January 4, 1980, which are now superseded, law 

enforcement officers and firefighters who were employed on or 

after December 31, 1979, were deemed to meet the transfer 

requirements for all subsequent employment in secondary 

positions (except as reemployed annuitants) if the initial 

transfer from a primary position met the requirements. 

The head of the agency from which an employee was separated, or the 

agency head's representative (an agency official not below the level of 

Director of Personnel), must determine whether the separation qualifies as 

an involuntary separation. File the determination on the permanent (right) 

side of the employee's Official Personnel Folder. 

CSRS and FERS Handbook	 April, 1998 
14 CSRS Special Retirement Provisions for Law Enforcement 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Section 46A3.2-1 Conditions for Coverage (Cont.) 

D.	 Delegation of 

Approval 

Authority 

E.	 Service Under a 

Detail or 

Temporary 

Promotion 

F. Nondeduction 

Service 

Delegation of the agency head's authority to approve positions as rigorous 

and secondary positions is not allowed except in the 14 Cabinet-level 

departments in the Government, as listed in 5 U.S.C. 101. These agency 

heads may delegate this authority to a single headquarters-level official who 

reports directly to the department head or to the deputy department head, 

and who is the sole such representative for the entire department. This 

strictly limited delegation authority is intended to ensure that the deciding 

official is at a level where he or she is sensitive to the long-term budget and 

personnel implications of these coverage determinations, and in a position 

to ensure department-wide consistency. The head of a component of an 

Executive department--such as one of the military departments or a 

component agency such as the Internal Revenue Service under the 

Department of the Treasury--is not permitted to make these determinations. 

An employee's position of record determines whether his or her service is 

covered under the special retirement provisions for law enforcement officers 

and firefighters. Thus, while an employee who holds a primary or 

secondary position is detailed or temporarily promoted to a position that is 

not a primary or secondary position, the employee continues to be covered 

under the special provisions. 

Conversely, an employee who is not in a primary or secondary position, 

and who is detailed or temporarily promoted to a primary or secondary 

position, is not covered under the special provisions. 

Service not subject to CSRS deductions (for example, service under a 

temporary appointment) may be creditable as law enforcement officer or 

firefighter service if the position is approved under paragraphs A or B. A 

deposit is not required for such service to be creditable in establishing 

eligibility for a law enforcement or firefighter retirement benefit. 

NOTE: If the service was performed on or after October 1, 1982, the 

employee must make a deposit equal to 7.5 percent of basic pay, 

with interest, for the service to be creditable in the annuity 

computation. 

April, 1998	 CSRS and FERS Handbook 
 CSRS Special Retirement Provisions for Law Enforcement 15 

Officers, Firefighters, Air Traffic Controllers,

 and Military Reserve Technicians
 

Chapter 46
 

Section 46A3.2-1 Conditions for Coverage (Cont.) 

G.	 Service Under Service under other retirement systems for Government employees is 

Other Retirement creditable under CSRS if -­

Systems

•	 The position is approved under paragraphs B or C; and 

•	 the employee waives credit for service under the other retirement 

system, receives a refund of retirement deductions under that system 

and deposits the amount received plus interest accruing from the date 

of the refund. (See Chapter 20, Creditable Civilian Service.) 

NOTE: In contrast to the deposit for nondeduction service, this deposit is 

not based on the special deduction rate that applies to law 

enforcement officers and firefighters after 1974. Instead, the 

deposit equals the refund from the other retirement system, plus 

interest. 

CSRS and FERS Handbook	 April, 1998 
16 CSRS Special Retirement Provisions for Law Enforcement 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Section 46A3.2-2 Evidence Requirements 

A. Primary Positions An agency head's finding that a position is a primary position must be 

based solely on the official position description of the position in question 

and any other official description of duties and qualifications. 

B. Secondary 

Positions 

A determination that a position is a secondary position must be based on the 

official position description and any other evidence deemed appropriate by 

the agency head for making the determination, such as evidence concerning 

the nature of law enforcement experience required for appointment to a 

position. 

April, 1998 CSRS and FERS Handbook 
 CSRS Special Retirement Provisions for Law Enforcement
 17 

Officers, Firefighters, Air Traffic Controllers,

 and Military Reserve Technicians
 

Chapter 46
 

Section 46A3.2-3 Individual Requests for Past Service Credit 

A.	 General An employee or former employee (or survivor of a deceased employee) who 

believes that a period of past service in an unapproved position qualifies as 

service in a primary or secondary position may request a determination that 

the service is creditable under the special provisions for law enforcement 

officers and firefighters. 

The service credit determination affects only the individual making the 

request. It does not constitute a retroactive position determination that 

would convey coverage to all eligible persons holding the same position of 

record. 

NOTE 1:	 For service to be creditable under the special provisions for law 

enforcement officers and firefighters, it must first be found 

creditable under CSRS generally. (See Chapters 20 and 21 

regarding civilian service credit.) Nondeduction service and 

service under another retirement system for civilian Federal 

employees may be creditable under the special provisions if that 

service meets all applicable definitions and conditions, including 

the special deposit requirements described in section 46A3.2-1F 

and G, and the time limits in paragraph D of this section. 

NOTE 2:	 Military service, even if creditable under CSRS generally, 

cannot be credited under the special provisions for law 

enforcement officers and firefighters, except as discussed in 

section 46A3.3-1B. 

B.	 Burden of Proof The employee bears the burden of proof with respect to credit under the 

special provisions covering law enforcement officers and firefighters. The 

employee must provide the agency or former agency with all pertinent 

information regarding duties performed. 

•	 For law enforcement officers, this includes a list of the provisions of 

Federal criminal law the incumbent was responsible for enforcing and 

arrests made. 

•	 For firefighters, this includes the number of fires fought, names of 

fires fought, dates of fires, and position occupied while on firefighting 

duty. 

CSRS and FERS Handbook	 April, 1998 
18 CSRS Special Retirement Provisions for Law Enforcement 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Section 46A3.2-3 Individual Requests for Past Service Credit (Cont.) 

C.	 Where to File The employee must submit a request for a determination to one of the 

Request following, as appropriate: 

1.	 Current employing agency--if the employee is requesting credit for past 

service performed in the current position or in a former position with 

the current employing agency; 

2.	 Former employing agency--if the employee or former employee (or 

survivor) is requesting credit for past service performed at the former 

employing agency; or 

3.	 OPM--if the employee or former employee (or survivor) is requesting 

credit for past service at an agency that no longer exists and for which 

there is no successor agency. 

D.	 Time Limit On 1. Requests received by the employing agency, the agency where past 

Crediting of Prior service was performed, or OPM (as applicable), not later than 

Service September 30, 1989, could include any periods of previous service. 

2.	 After September 30, 1989, law enforcement officer or firefighter credit 

for past service generally will not be granted for a period greater than 

1 year prior to the date that the request from an individual is received 

by the employing agency, the agency where past service was 

performed, or OPM (as applicable). 

Either the employing agency, former employing agency, or OPM, may 

extend the time limits for filing when, in its judgment the individual 

shows that he or she was prevented by circumstances beyond his or her 

control from making the request within the time limit. 

E.	 Retroactive 

Correction of 

Deduction 

Beginning in 1975, law enforcement officers and firefighters were required 

to contribute an additional one-half percent of pay for retirement. (See 

Chapter 30). If an employee obtains past service credit for periods of law 

enforcement and firefighter service after 1975, it will result in an underdeduction of employee contributions and a salary overpayment. (See 

Chapter 84 for instructions on how to make a retroactive correction.) 

April, 1998	 CSRS and FERS Handbook 
 CSRS Special Retirement Provisions for Law Enforcement 19 

Officers, Firefighters, Air Traffic Controllers,

 and Military Reserve Technicians
 

Chapter 46
 

Section 46A3.2-4 Individual Requests for Position Approval 

A. Time Limit on If an employee is not in an approved law enforcement officer or firefighter 

Individual position (primary or secondary), the employee may, at any time after 

Requests entering the position or after any significant change in the position, 

formally seek a determination from the employing agency regarding his or 

her position. Credit, however, will be limited to 1 year before date of 

request if the request is not submitted within 1 year, unless the employee 

was prevented by circumstances beyond his or her control from requesting 

earlier. The individual's request must be in writing. 

If the employee does not request a position determination within 1 year, the 

agency head's determination that the service was not covered under the 

special group provisions at the time the service was performed is presumed 

to be correct. This presumption may be rebutted by a preponderance of 

evidence that the employee was unaware of his or her status or was 

prevented by cause beyond his or her control from requesting that the 

official status be changed at the time the service was performed. 

B. Agency Head
 

Decision
 

In response to an individual request for approval of a position as a law 

enforcement officer or firefighter position, the agency must issue a written 

decision. 

If the agency head approves the position, it is designated as a primary or 

secondary position as of a specific date (including a retroactive date if 

appropriate). The position approval applies to all employees holding the 

same position. 

NOTE 1:	 If an agency determines that an individual has performed 

qualifying service but that the official position description does 

not support approval, the agency must revise the individual 

position description, reclassify the position, or change the 

individual's duties, as appropriate. The past qualifying service 

will be deemed to be service in an approved position. 

NOTE 2:	 See Chapter 84 for instructions on retroactive coverage 

corrections. 

C.	 Appeal Rights An employee may appeal the final decision of an agency regarding a 

position determination to the Merit Systems Protection Board (MSPB) 

under the procedures prescribed by the MSPB. 

CSRS and FERS Handbook	 April, 1998 
20 CSRS Special Retirement Provisions for Law Enforcement 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Section 46A3.2-4 Individual Requests for Position Approval (Cont.) 

D.	 Individual If an employee occupies an approved secondary position, but has been 

Request for found ineligible for secondary coverage for failing to satisfy one of the 

Secondary requirements listed in section 46A3.2-1, paragraph C, he or she may 

Coverage request agency reconsideration of the coverage decision within the time 

Determination limits provided in the initial agency decision. The final agency decision 

may be appealed to MSPB. 

April, 1998	 CSRS and FERS Handbook 
 CSRS Special Retirement Provisions for Law Enforcement 21 

Officers, Firefighters, Air Traffic Controllers,

 and Military Reserve Technicians
 

Chapter 46
 

Section 46A3.2-5 OPM Oversight of Coverage Determinations 

A. OPM Authority	 The Director of OPM retains the authority to overrule an agency head's 

to Overrule	 determination that a position is a primary or secondary position, except 

determinations involving -­

1.	 certain employees of -­

•	 the Bureau of Prisons or Federal Prison Industries, Inc.; 

•	 the Public Health Service, who are assigned to the field service of 

the Bureau of Prisons or the Federal Prison Industries, Inc.; or 

•	 the field service at Army or Navy disciplinary barracks or at any 

other confinement and rehabilitation facility operated by any of the 

armed forces; 

who are performing detention duties (see 5 U.S.C. 8331(17)(D)). 

B. Agency Records	 1. Upon deciding that a position is a law enforcement officer or 

and Reporting	 firefighter position, each agency head must notify OPM (see paragraph 

C) stating the title of the position(s), the number of incumbents, and 

whether the position is a primary or secondary position. 

2.	 Each agency must establish a file containing all coverage 

determinations made by an agency head, and all background material 

used in making the determination. 

3.	 Upon request by OPM, the agency will make available the entire 

coverage determination file for OPM to audit to ensure compliance 

with the provisions of this subpart. 

4.	 Upon request by OPM, an agency must provide to OPM a list of all 

approved positions and any other pertinent information requested. 

C. OPM Address	 Send all correspondence regarding position determinations to: 

Office of Personnel Management 

Attention: Associate Director for Retirement 

and Insurance Service 

1900 E Street, NW. 

Washington, DC 20415 

CSRS and FERS Handbook	 April, 1998 
22 CSRS Special Retirement Provisions for Law Enforcement 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Section 46A3.2-6 Agency Review of Approved Positions and Certification to OPM 

A.	 Significant An agency must review a currently approved primary or secondary position 

Change in an whenever there is a significant change that may affect its assessment that the 

Approved position continues to warrant approval. If the agency review results in a 

Position finding that the position no longer qualifies as a law enforcement officer or 

firefighter position, the agency must notify OPM of the date of the change. 

(See 46A3.2-5C.) 

Beginning with the effective date of the revocation of approval, the agency 

must stop withholding the additional deductions. The agency must inform 

each affected employee of its action. The notice to the employee(s) must 

include a full explanation of the basis for the agency's determination, and 

state appeal rights to the Merit Systems Protection Board. 

B. When Position is If the agency abolishes a primary or secondary position, the agency must
 

Abolished notify OPM at the address given in section 46A3.2-5, paragraph C.
 

April, 1998	 CSRS and FERS Handbook 
 CSRS Special Retirement Provisions for Law Enforcement 23 

Officers, Firefighters, Air Traffic Controllers,

 and Military Reserve Technicians
 

Chapter 46
 

Subpart 46A3.3 Retirement Eligibility (LEO/FF) 

Section 46A3.3-1 Eligibility Requirements 

A.	 General CSRS law enforcement officers and firefighters may retire voluntarily or 

involuntarily at an early age with entitlement to a special annuity 

computation if all of the following conditions are met: 

• Age and service requirements; 

• Separation from a position subject to CSRS coverage; and 

• "1-out-of-2" requirement. 

NOTE 1:	 A law enforcement officer or firefighter's retirement may be 

triggered by mandatory separation based on age. See section 

46A3.3-2. 

NOTE 2:	 For the special annuity computation rules that apply to law 

enforcement officers and firefighters who retire after meeting the 

above requirements, see Chapter 54, section 54A3.1-1. 

B. Minimum Age	 An employee must be at least age 50 at the time of separation and have at 

and Service	 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. 

NOTE 1:	 Accrued and unused sick and/or annual leave cannot be used to 

meet the minimum service requirement. 

NOTE 2:	 Military service, even if creditable under CSRS generally, 

cannot be credited under the special provisions for law 

enforcement officers and firefighters. Thus, military service 

cannot be used to meet the minimum service requirement. 

However, under certain circumstances, an individual entering 

military service directly from a civilian position is entitled to 

have that period of service treated as if it were civilian. (See 

Chapter 22, part 22A6.) If the individual is in a law 

enforcement or firefighter position at the time of entry into the 

military, the period creditable as civilian service may be used 

toward satisfying the minimum service requirement. 

CSRS and FERS Handbook	 April, 1998 
24 CSRS Special Retirement Provisions for Law Enforcement 

Officers, Firefighters, Air Traffic Controllers,
 

and Military Reserve Technicians
 

Chapter 46
 

Section 46A3.3-1 Eligibility Requirements (Cont.) 

B.	 Minimum Age 

and Service 

(Cont.) 

C.	 Separation from 

Covered Position 

D.	 "One-Out-ofTwo" 

Requirement 

E.	 Erroneous 

Separations 

NOTE 3:	 The minimum age and service requirements apply even if the 

employee retires involuntarily or due to a disability, or dies 

before meeting the minimum age and service requirements. 

Thus, the disability annuity of someone who does not meet the 

special age and service requirements at the time of retirement is 

computed under the regular provisions. (See Chapter 50, 

Computation of Annuity Under the General Formula, 

Chapter 60, Disability Retirement, and Chapter 61, Computation 

of Disability Annuity Benefits.) If an employee qualifies for a 

disability retirement and also meets the age and service 

requirements for annuity under the special provisions, the 

employee may elect which benefit he or she wants to receive. If 

the employee elects the disability benefit, it is computed under 

the regular provisions. Also, the annuity paid to the survivor of 

an employee who dies in service without reaching these 

minimum age and service requirements is computed under the 

regular survivor provisions. (See Chapter 70, Spouse Benefits ­

Death of an Employee.) 

The employee must be separated from a position covered by retirement 

deductions. 

NOTE: An employee is not required to separate from a law enforcement 

officer or firefighter position to retire under the special group 

provisions. Once an employee meets the minimum service 

requirement, he or she may exercise the right to retire under the 

special group provisions even if the employee is no longer covered 

by these provisions at the time of retirement. 

An employee must be covered by CSRS for at least 1 year within the 2-year 

period immediately preceding the separation on which the annuity is based. 

The 1 year of service does not have to be continuous. 

If the employee is separated for retirement under the special provisions and 

OPM finds that the employee does not meet one of the above eligibility 

requirements, the separation may be found to be erroneous. See Chapter 40 

for additional information about erroneous separations. 

April, 1998	 CSRS and FERS Handbook 
 CSRS Special Retirement Provisions for Law Enforcement
 25 

Officers, Firefighters, Air Traffic Controllers,

 and Military Reserve Technicians
 

Chapter 46
 

Section 46A3.3-2 Mandatory Separation 

A.	 General In general, all law enforcement officers and firefighters are subject to 

mandatory separation based on age. However, mandatory separation does 

not apply to employees who are eligible for retirement under the special 

provisions but who are not currently occupying a law enforcement officer 

or firefighter position. 

NOTE 1:	 For retirement purposes, an employee is considered to reach a 

year of age on the day before his or her birthday. 

NOTE 2:	 A mandatory separation is considered an involuntary separation 

for purposes of other CSRS provisions. 

B.	 Standard The standard mandatory separation age for law enforcement officers is age 

Mandatory 57 and for firefighters it is age 55. Except as provided under later 

Separation paragraphs of this section, the mandatory separation is effective as follows: 

1.	 If the law enforcement officer or firefighter has completed 20 years of 

service under the special provisions, he or she must be separated on 

the last day of the month in which he or she reaches the standard 

mandatory separation age. 

2.	 If the law enforcement officer or firefighter attains the standard 

mandatory separation age and has not yet completed the required 20 

years of service under the special provisions, he or she must be 

separated on the last day of the month in which he or she completes the 

20 years of service. 

NOTE: The standard mandatory separation age for law enforcement 

officers was changed from 55 to 57 by Public Law 101-509 

(November 5, 1990). The change applies to any separation that is 

effective on or after November 5, 1990. 

C. Exemption From Agency heads are authorized to exempt law enforcement officers and 

Mandatory firefighters from mandatory separation until age 60 if it is in the public 

Separation Until interest. 

Age 60 

CSRS and FERS Handbook	 April, 1998 
26 CSRS Special Retirement Provisions for Law Enforcement 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Section 46A3.3-2 Mandatory Separation (Cont.) 

D.	 Exemption From 1. If an agency wishes to secure an exemption from mandatory separation 

Mandatory for one of its employees (other than a Presidential appointee) beyond 

Separation After the employee's 60th birthday, the Secretary must submit a 

Age 60 recommendation to that effect to the Chief of the Retirement Policy 

Division at OPM. The recommendation must contain -­

•	 A statement that the employee is willing to remain in service; 

•	 A statement of facts that tend to establish that his/her retention 

would be in the public interest; 

•	 The period (which may not exceed 1 year) for which the exemption 

is desired; and 

•	 The reasons why the simpler method of retiring the employee and 

immediately rehiring him or her is not being used. 

This recommendation must be accompanied by a medical certificate 

showing the physical fitness of the employee to perform his or her 

work. 

2.	 OPM may approve an exemption only before the mandatory separation 

date applicable to the employee. For this reason, the department or 

agency must forward the recommendation to OPM at least 30 days 

before his or her separation date. 

E. Notice 

Requirement 

Once the date of mandatory separation is determined for a law enforcement 

officer or firefighter, the employing agency must notify the employee in 

writing of the date of separation at least 60 days in advance of the date. 

Action to separate the employee is not effective, without the consent of the 

employee, until the last day of the month in which the 60-day notice 

expires. 

F.	 Appeal Rights A mandatory separation is not an adverse action under 5 CFR Part 752 or a 

removal action under 5 CFR Part 359. In other words, a mandatory 

separation is not an appealable action. 

April, 1998	 CSRS and FERS Handbook 
 CSRS Special Retirement Provisions for Law Enforcement
 27 

Officers, Firefighters, Air Traffic Controllers,

 and Military Reserve Technicians
 

Chapter 46
 

Part 46A4 National Guard Technicians 

Section 46A4.1-1 National Guard Technicians 

A. Definition	 "National Guard technician" means an individual employed under 32 

U.S.C. 709(a) who, as a condition of employment, is required to be a 

member of the National Guard (Army or Air Force) with a specified 

military grade. 

B.	 General In general, National Guard technicians must meet the same requirements as 

regular employees to be eligible for immediate unreduced retirement. (See 

Chapter 41, Voluntary Retirement Based on Age and Service, section 

41A1.1-2.) However, under special conditions, a National Guard 

technician may qualify for retirement under the CSRS disability provisions 

even if he or she is not eligible for retirement under the regular disability 

retirement provisions. 

C.	 Special Rule for A National Guard technician who has performed at least 5 years of civilian 

Disability service may retire under the disability provisions of CSRS (see Chapter 60) 

Retirement if he or she -­

1.	 Is separated from employment as a National Guard technician because 

of a disability that disqualifies the individual from membership in the 

National Guard or from holding the military grade required for such 

employment; 

2.	 Is not considered to be disabled in his or her position under regular 

CSRS requirements; 

3.	 Is not appointed to another position in the Federal government; and 

4.	 Has not declined an offer of an appointment that meets the following 

requirements: 

•	 The offered position is within the commuting area of the former 

position; 

•	 The individual is qualified to serve in the offered position (as 

determined by the head of the agency); and 

•	 The offered position is at the same grade or equivalent level as the 

position from which the individual separated. 

CSRS and FERS Handbook	 April, 1998 
28 CSRS Special Retirement Provisions for Law Enforcement 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Section 46A4.1-1 National Guard Technicians (Cont.) 

D.	 Termination of The annuity of a National Guard technician who retires under the provisions 

Disability described in paragraph C terminates if the individual -­

Retirement 

1.	 Is appointed to any position in the Federal government; 

2.	 Declines an offer of appointment that meets the conditions described in 

paragraph C4 above; or 

3.	 Is found restored to earning capacity (See section 60A7.1-2 of 

Chapter 60). 

April, 1998	 CSRS and FERS Handbook 
 CSRS Special Retirement Provisions for Law Enforcement
 29 

Officers, Firefighters, Air Traffic Controllers,

 and Military Reserve Technicians
 

Chapter 46
 

Part 46A5 Retirement Procedures 

Section 46A5.1-1 Retirement Procedures 

A.	 General Chapter 40, Planning and Applying for Retirement, provides detailed 

instructions on the completion of the forms identified below and the 

information and guidance that must be given retiring employees. 

B.	 Employee The employee must complete -­

Responsibility 

•	 Standard Form 2801, Application for Retirement and Schedules A, B, 

and C, when necessary (and, if applying for disability under the special 

provisions for National Guard technicians, OPM Form 2824A, 

Applicant's Statement of Disability); and 

•	 OPM Form 2801-2, Spouse's Consent to Survivor Election, if 

applicable. 

If the employee has been separated 30 days or less before the application is 

filed, the application and other forms must be filed with the agency. If the 

employee has been separated more than 30 days, the application must be 

filed directly with OPM. 

C.	 Agency The agency must -­

Responsibility 

•	 Provide the employee with an Application for Retirement (SF 2801) 

and any other necessary forms (including disability application forms 

discussed in Chapter 60, section 60A4.1-2, if a National Guard 

technician is retiring for disability); 

•	 Complete Certified Summary of Federal Service (SF 2801-1); 

•	 Complete Agency Checklist of Immediate Retirement Procedures 

(SF 2801-Schedule D); 

•	 Complete Standard Forms 2809, 2810, 2819, and 2821 concerning 

health and life insurance in accordance with The Federal Employees 

Group Life Insurance Handbook for Personnel and Payroll Offices and 

The Federal Employees Health Benefits Handbook for Personnel and 

Payroll Offices (formerly FPM Supplements 870-1 and 890-1); 

CSRS and FERS Handbook	 April, 1998 
30 CSRS Special Retirement Provisions for Law Enforcement 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Section 46A5.1-1 Retirement Procedures (Cont.) 

C.	 Agency • Send the employee's Individual Retirement Record (SF 2806) to OPM 

Responsibility (with the retirement application and all other applicable forms attached) 

(Cont.) within 30 days of separation; 

•	 For air traffic controller retirements, provide certification of air traffic 

controller service; and 

•	 For law enforcement officers and firefighters, provide a letter, signed 

by a responsible official of the employee's personnel office, listing in 

chronological order the title of each position, beginning with the first 

law enforcement officer or firefighter position, held by the employee, 

and the beginning and ending dates of the employee's service in each 

position. Service in supervisory or administrative positions should be 

noted as "supervisory" or "administrative." 

D.	 OPM Address Send all correspondence regarding an employee's retirement to: 

Office of Personnel Management 

Civil Service Retirement System 

Retirement Operations Center 

Post Office Box 45 

Boyers, PA 16017 

April, 1998	 CSRS and FERS Handbook 
 CSRS Special Retirement Provisions for Law Enforcement
 31 

Officers, Firefighters, Air Traffic Controllers,

 and Military Reserve Technicians
 

Chapter 46
 

Section 46A5.1-2 Advice to Employee 

A.	 Commencing 1. Voluntary Retirement 

Date of Annuity If a law enforcement officer, firefighter, or air traffic controller retires 

voluntarily, the commencing date of annuity is the same as for other 

employees who retire under the optional retirement provisions. (See 

Chapter 41, section 41A2.1-1.) 

2.	 Involuntary Retirement 

If a law enforcement officer, firefighter, or air traffic controller retires 

involuntarily except by removal for cause on charges of misconduct or 

delinquency (including any retirement based on a mandatory 

separation), his or her annuity commences on (a) the day after 

separation or (b) the day after pay ceases and all the age and service 

requirements for the annuity are met. (See Chapter 44, section 

44A3.1-1.) 

3.	 Disability Retirement 

The disability annuity payable to a National Guard technician 

commences on (a) the day after separation or (b) the day after pay 

ceases and all requirements for the annuity are met. (See Chapter 60, 

section 60A9.1-4, paragraph A.) 

B.	 Reemployment of 

Retired Law 

Enforcement 

Officers and 

Firefighters 

C.	 Reemployment of 

Retired Air 

Traffic 

Controllers 

A retired law enforcement officer or firefighter who was mandatorily 

separated is barred from reemployment in a primary position after reaching 

age 60. However, he or she is not barred from reemployment in a 

secondary position or any other position. 

A retired air traffic controller is barred from reemployment as an air traffic 

controller after reaching age 61. However, he or she is not barred from 

reemployment in any other position not covered by the special provisions. 

D.	 Coverage of 

Reemployed 

Annuitants 

Service by a reemployed annuitant is not covered by the special retirement 

provisions. Thus, any reemployed annuitant service credited in the 

computation of a supplemental or redetermined annuity is treated as regular 

service even when an individual is employed in an approved law 

enforcement, firefighter, or air traffic controller position. The agency must 

withhold the required deductions from the reemployed annuitant's pay (onehalf percent higher than the regular deduction rate). 

CSRS and FERS Handbook	 April, 1998 
32 CSRS Special Retirement Provisions for Law Enforcement 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Section 46A5.1-2 Advice to Employee (Con't) 

E. Public Safety The Public Safety Officers' Benefits (PSOB) Act of 1976, as amended, 

Officers' Benefits	 authorizes the Bureau of Justice Assistance, Office of Justice Programs, to 

pay a benefit to specified survivors of public safety officers found to have 

died as the direct and proximate result of a personal injury, traumatic injury 

involving external force sustained in the line of duty, and to claimant public 

safety officers found to have been permanently and totally disabled as the 

direct result of a catastrophic injury sustained in the line of duty. Currently, 

the amount of the benefit for a qualified survivor, or a qualified disabled 

public safety officer, is > $138,473.00. < This amount is subject to 

annual cost of living adjustments. For information on the PSOB death 

benefit see Chapter 75. 

A public safety officer is defined to be any individual serving a public 

agency in an official capacity, with or without compensation, as a law 

enforcement officer, police, corrections, probation, parole and judicial 

officer, firefighter, rescue squad member or ambulance crew member. A 

public agency means an agency of the United States, the District of 

Columbia, the Commonwealth of Puerto Rico, and any territory or 

possession of the United States, or any unit of State or local government. 

Public safety officers found to have been permanently and totally disabled 

as the direct result of a catastrophic injury sustained in the line of duty are 

also entitled to the PSOB benefit if they are permanently unable to perform 

any gainful employment. 

More information concerning the PSOB can be obtained by contacting the 

Bureau of Justice Assistance at the following address: 

Public Safety Officers' Benefits Program 

Bureau of Justice Assistance 

633 Indiana Avenue, NW 

Washington, D.C. 20531 

April, 1998	 CSRS and FERS Handbook 
Special Retirement Provisions for Law Enforcement FERS 33 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Subchapter 46B FERS 

Part 46B1 General Information 

Section 46B1.1-1 Overview 

A.	 Introduction Subchapter 46B covers the special retirement provisions that apply to 

certain groups of FERS employees: law enforcement officers, firefighters, 

air traffic controllers, and military reserve technicians. 

This subchapter explains how FERS differs from CSRS. It refers readers to 

the CSRS rule that applies or gives the FERS rule if it is different. 

NOTE: See Chapter 30, subchapter A, for information on the employee 

deduction and agency contribution rates that apply to the special 

groups under FERS. See Chapter 54, subchapter B, for information 

on the special annuity computation formulas that apply to the 

special groups (except military reserve technicians whose annuity 

computation is addressed in either Chapter 50 or 61). See 

Chapter 51, Retiree Annuity Supplement, for information on the 

FERS retiree annuity supplement payable before age 62. 

B. Organization of This subchapter has five parts. 

Subchapter 

PART NAME OF PART PAGE 

46B1 General Information 33 

46B2 Air Traffic Controllers 35 

46B3 Law Enforcement Officers and 

Firefighters 38 

46B4 Military Reserve Technicians 55 

46B5 Retirement Procedures 58 

C. Applicable CSRS The CSRS subpart 46A2.1 on determining coverage of air traffic controllers 

Provisions applies entirely under FERS. Therefore, there is no parallel FERS subpart. 

CSRS and FERS Handbook	 April, 1998 
34 Special Retirement Provisions for Law Enforcement FERS 

Officers, Firefighters, Air Traffic Controllers,
 

and Military Reserve Technicians
 

Chapter 46
 

Section 46B1.1-1 Overview (Cont.) 

D.	 Statement of This subchapter and its contents are based on the laws and regulations cited 

Authority below. 

•	 United States Code: 5 U.S.C. 2109; 8401 (14), (17) and 30; 8412(d) 

and (e); 8414(c); 8425; 8456; 8464(a) 

•	 Public Law 100-92 (August 18, 1987) 

•	 Code of Federal Regulations: 5 CFR 842.207-208 and 5 CFR 

Part 842, Subpart H 

April, 1998	 CSRS and FERS Handbook 
Special Retirement Provisions for Law Enforcement FERS 35 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Part 46B2 Air Traffic Controllers
 

Subpart 46B2.1 Retirement Eligibility (ATC)
 

Section 46B2.1-1 Eligibility Requirements 

A.	 General FERS air traffic controllers may retire voluntarily or involuntarily (except 

by removal for cause on charges of misconduct or delinquency) at an early 

age with entitlement to a special annuity computation if the following 

conditions are met: 

•	 Age and service requirements; and 

•	 Separation from a position subject to FERS coverage. 

NOTE 1:	 There is no "1-out-of 2" requirement under FERS as there is 

under CSRS. Thus, an employee who elects to transfer to FERS 

does not have to be under FERS for 1 year to be eligible to 

retire. It is possible for an employee's separation for retirement 

to occur on the same day (but not before) the FERS election 

becomes effective, provided that the employee meets the other 

requirements. 

NOTE 2:	 An air traffic controller's retirement may be triggered by 

mandatory separation based on age. See section 46B2.1-2, 

which follows this section. 

NOTE 3:	 See Chapter 54, section 54B3.1-1, for annuity computation rules 

that apply to FERS air traffic controllers. 

B.	 Applicable CSRS The following provisions of CSRS section 46A2.2-1 apply under FERS: 

Provisions 

•	 Paragraph B: Minimum Age and Service 

•	 Paragraph C: Separation from Covered Position 

C. Erroneous If an employee is separated for retirement under the special provisions and 

Separations OPM finds that the employee does not meet one of the above eligibility 

requirements, the separation may be found to be erroneous. See Chapter 40 

for additional information about erroneous separation. 

CSRS and FERS Handbook	 April, 1998 
36 Special Retirement Provisions for Law Enforcement FERS 

Officers, Firefighters, Air Traffic Controllers,
 

and Military Reserve Technicians
 

Chapter 46
 

Section 46B2.1-1 Eligibility Requirements (Cont.) 

C. Erroneous NOTE: Under CSRS, an air traffic controller is subject to mandatory 

Separations separation regardless of the number of years of air traffic controller 

(Cont.) service; however, under FERS, an erroneous mandatory separation 

can result from a miscounting of the years of air traffic controller 

service. Thus, the FERS rule is broadened to encompass erroneous 

mandatory separations. (Compare to CSRS rule in section 46A2.2­

1, paragraph E.) 

April, 1998 CSRS and FERS Handbook 
Special Retirement Provisions for Law Enforcement FERS 37 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Section 46B2.1-2 Mandatory Separation 

A.	 General In general, all FERS air traffic controllers are subject to mandatory 

separation based on age. Unlike CSRS, there are no air traffic controllers 

who are automatically exempted from mandatory separation. (The 

exemptions granted to the employees listed in section 46A2.2-2, paragraph 

B, were not extended to employees retiring under FERS.) 

NOTE: A mandatory separation is considered an involuntary separation for 

purposes of other FERS provisions. 

B.	 Effective Date Except as specifically provided elsewhere, the mandatory separation of a 

FERS air traffic controller is effective as follows: 

1.	 If the air traffic controller has completed 20 years of service under the 

special provisions, he or she must be separated on the last day of the 

month in which he or she reaches age 56. 

2.	 If the air traffic controller reaches age 56 and has not yet completed 

the required 20 years of service under the special provisions, he or she 

must be separated on the last day of the month in which he or she 

completes the 20 years of service. 

NOTE: For retirement purposes, an employee is considered to reach 

an age on the day before his or her birthday. Thus, an 

employee reaches age 56 on the day before his or her 56th 

birthday. 

C.	 Applicable CSRS The following paragraphs of section 46A2.2-2 apply under FERS: 

Provisions 

•	 Paragraph C: Exemption From Mandatory Separation Until Age 61 

•	 Paragraph E: Notice Requirement 

•	 Paragraph F: Appeal Rights 

D. Exemption from The President, by Executive Order, may exempt an employee from 

Mandatory mandatory separation if the President determines it is in the public interest 

Separation After to do so. 

Age 61 

NOTE: Unlike CSRS, the President's authority to exempt an air traffic 

controller from mandatory separation has not been delegated to 

OPM. 

CSRS and FERS Handbook	 April, 1998 
38 Special Retirement Provisions for Law Enforcement FERS 

Officers, Firefighters, Air Traffic Controllers,
 

and Military Reserve Technicians
 

Chapter 46
 

Part 46B3 Law Enforcement Officers and Firefighters 

Subpart 46B3.1 General (LEO/FF) 

Section 46B3.1-1 Definitions 

A.	 Firefighter "Firefighter" means an employee occupying a rigorous position, whose 

primary duties are to perform work directly connected with the control and 

extinguishment of fires. Also included in this definition is an employee 

occupying a rigorous firefighter position who moves directly to a secondary 

position and meets the conditions of section 46B3.2-1, paragraph C. 

NOTE 1:	 An employee whose primary duties are the performance of 

routine fire prevention inspection duties is excluded from this 

definition. 

NOTE 2:	 In contrast to the CSRS definition of "firefighter," the FERS 

definition does not include employees in positions in which 

duties are primarily to maintain or use firefighting apparatus and 

equipment. 

B.	 Law Enforcement "Law enforcement officer" means the following: 

Officer 1.	 An employee occupying a rigorous position, whose primary duties are 

the investigation, apprehension, or detention of individuals suspected 

or convicted of offenses against the criminal laws of the United States, 

or the protection of officials of the United States against threats to 

personal safety. 

NOTE: As under CSRS, detention duties also include duties requiring 

frequent direct contact with individuals suspected or convicted 

of offenses against the criminal laws of the United States, the 

District of Columbia, or offenses against the punitive articles 

of the Uniform Code of Military Justice. 

2.	 An employee of the Department of the Interior or the Department of 

the Treasury (not otherwise included in paragraph 1 above) who 

occupies a position that, but for the enactment of FERS, would be 

subject to the District of Columbia Police and Firefighters' Retirement 

System, as determined by the Secretary of the Interior or the Secretary 

of the Treasury. (This includes certain officers in the U.S. Park Police 

and in the Uniformed Division of the Secret Service.) 

April, 1998	 CSRS and FERS Handbook 
Special Retirement Provisions for Law Enforcement FERS 39 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Section 46B3.1-1 Definitions (Cont.) 

B. Law Enforcement	 3. An employee occupying a rigorous law enforcement officer position 

Officer (Cont.)	 (as described in paragraphs 1 and 2 above) who moves directly to a 

secondary position and meets the conditions of section 46B3.2-1, 

paragraph C. Except as provided above the definition does not include 

an employee whose primary duties involve maintaining order, 

protecting life and property, guarding against or inspecting for 

violations of law, or investigating persons other than those who are 

suspected or convicted of offenses against the criminal laws of the 

United States. 

C.	 Rigorous Position "Rigorous position" means a position the duties of which are so rigorous 

that employment opportunities should, as soon as reasonably possible, be 

limited (through establishment of a maximum entry age and physical 

qualifications) to young and physically vigorous individuals whose primary 

duties are -­

•	 To perform work directly connected with controlling and extinguishing 

fires; or 

•	 Investigating, apprehending, or detaining individuals suspected or 

convicted of offenses against the criminal laws of the United States or 

protecting the personal safety of United States officials. 

The condition in this definition that employment opportunities be limited 

does not apply with respect to an employee who moves directly (that is, 

without a break in service exceeding 3 days) from one rigorous law 

enforcement officer position to another or from one rigorous firefighter 

position to another. 

NOTE: A "rigorous position" is also deemed to include a position held by 

a law enforcement officer as defined in subparagraph B2 above 

(relating to certain U.S. Park Police and Secret Service 

employees). 

D.	 Secondary "Secondary position" means a position that -­

Position 

1.	 Is in the law enforcement or firefighting field; 

2.	 Is in an organization having a law enforcement or firefighting mission; 

and 

CSRS and FERS Handbook	 April, 1998 
40 Special Retirement Provisions for Law Enforcement FERS 

Officers, Firefighters, Air Traffic Controllers,
 

and Military Reserve Technicians
 

Chapter 46
 

Section 46B3.1-1 Definitions (Cont.) 

D.	 Secondary 3. Is either: 

Position (Cont.) 

•	 Supervisory, that is, a position whose primary duties are as a firstlevel supervisor of law enforcement officers or firefighters in 

rigorous positions; or 

•	 Administrative, that is, an executive, managerial, technical, 

semiprofessional, or professional position for which experience in a 

rigorous law enforcement or firefighting position, or equivalent 

experience outside the Federal government, is a mandatory 

prerequisite. 

E. Applicable CSRS
 

Definitions
 

The following definitions in CSRS section 46A3.1-1 apply under FERS: 

•	 Paragraph A: Agency Head 

•	 Paragraph D: Detention Duties 

•	 Paragraph E: Frequent Direct Contact 

•	 Paragraph F: Primary Duties 

•	 Paragraph I: First-Level Supervisors 

April, 1998	 CSRS and FERS Handbook 
Special Retirement Provisions for Law Enforcement FERS 41 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Subpart 46B3.2 Determination of Coverage (LEO/FF) 

Section 46B3.2-1 Conditions for Coverage 

A.	 General To establish whether a FERS employee's service is covered under the 

special provisions for law enforcement officers and firefighters, an agency 

must first determine whether the employee occupies a rigorous position or a 

secondary position (as approved by the agency head). If the employee 

occupies a secondary position, he or she must also meet certain conditions 

to qualify for coverage, as explained in this section. 

All determinations affecting an individual's coverage as a law enforcement 

officer or firefighter must be filed on the permanent (right) side of the 

employee's Official Personnel File. 

Section 2-2 of this subpart describes the evidence requirements that apply to 

position determinations. Section 2-3 describes how an individual employee 

may request a position determination (or reconsideration of a denial of 

secondary coverage). Section 2-4 describes OPM's oversight role and 

related agency responsibilities. Finally, section 2-5 sets forth certain 

transitional rules that apply to FERS employees who had past Federal 

service as law enforcement officers or firefighters before becoming covered 

by FERS. 

NOTE: Once it is established that an employee's service is covered under 

the special provisions for FERS law enforcement officers and 

firefighters, the agency must withhold the required deductions from 

the employee's pay (one-half percent higher than regular deduction 

rate--currently, 1.3 percent instead of .8 percent). In addition, the 

agency must make the special normal cost contributions at the rate 

that applies to law enforcement officers and firefighters. If the 

decision has a retroactive effective date, retroactive employee 

deductions and agency contributions are due the retirement fund. 

(See Chapter 30, subchapter B. Also see Chapter 84 regarding 

retroactive corrections of coverage.) 

B. Rigorous Position 

Determination 

An employee's service in a position that has been determined by the 

employing agency head to be a qualifying rigorous position is covered 

under the special group provisions for law enforcement officers and 

firefighters. 

NOTE: A first-level supervisory position may be a rigorous position if it 

meets the definitional conditions. 

CSRS and FERS Handbook	 April, 1998 
42 Special Retirement Provisions for Law Enforcement FERS 

Officers, Firefighters, Air Traffic Controllers,
 

and Military Reserve Technicians
 

Chapter 46
 

Section 46B3.2-1 Conditions for Coverage (Cont.) 

C.	 Secondary 

Position and 

Coverage 

Determination 

An employee's service in a position that has been determined by the 

employing agency head to be a qualifying secondary position is covered 

under the special group provision, if all of the following requirements are 

met: 

1.	 The employee, while covered under the special provision, moves 

directly (that is, without a break in service exceeding 3 days) from a 

rigorous position to a secondary position; 

2.	 The employee has completed 3 years of service in a rigorous position, 

including any such service during which no FERS deductions were 

withheld; and 

NOTE: Service as a temporary or intermittent employee may be counted 

toward the 3-year requirement if it is otherwise qualifying. (While 

under an intermittent tour of duty, only actual days worked are 

counted.) For purposes of applying the 3-year requirement, it does 

not matter whether the service is actually made creditable by 

payment of a deposit or whether the service cannot be made 

creditable. Thus, even post-1988 nondeduction service (which can 

never be creditable under FERS for the purpose of qualifying for 

or computing a benefit) can be used to meet the 3-year 

requirement. Also, Federal service under another retirement 

system for Government employees may be used to meet the 3-year 

requirement if it is otherwise qualifying. 

3.	 If applicable, the employee has been continuously employed in a 

secondary position or positions since moving from a rigorous position 

without a break in service exceeding 3 days. 

EXCEPTION:	 Do not count a break in employment in secondary 

positions that begins with an involuntary separation 

(not for cause) within the meaning of 5 U.S.C. 

8414(b)(1)(A) in determining whether service in 

secondary positions is continuous for this purpose. 

(See Chapter 44.) 

The head of the agency from which an employee was separated, or the 

agency head's representative (an agency official not below the level of 

Director of Personnel), must determine whether the separation qualifies as 

an involuntary separation. File the determination on the permanent (right) 

side of the employee's Official Personnel Folder. 

April, 1998	 CSRS and FERS Handbook 
Special Retirement Provisions for Law Enforcement FERS 43 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Section 46B3.2-1 Conditions for Coverage (Cont.) 

D. Delegation of
 

Approval
 

Authority
 

E.	 Service Under a 

Detail or 

Temporary 

Promotion 

Delegation of the agency head's authority to approve positions as rigorous 

and secondary positions is not allowed except in the 14 Cabinet-level 

departments in the Government, as listed in 5 U.S.C. 101. These agency 

heads may delegate this authority to a single headquarters-level official who 

reports directly to the department head or deputy department head, and who 

is the sole such representative for the entire department. This strictly 

limited delegation authority is intended to ensure that the deciding official is 

at a level where he or she is sensitive to the long-term budget and personnel 

implications of these coverage determinations, and in a position to ensure 

department-wide consistency. The head of a component of an Executive 

department--such as one of the military departments or a component agency 

such as the Internal Revenue Service under the Department of the Treasury­

-is not permitted to make these determinations. 

An employee's position of record determines whether his or her service is 

covered under the special retirement provisions for law enforcement officers 

and firefighters. Thus, while an employee who holds a rigorous or 

secondary position is detailed or temporarily promoted to a position that is 

not a rigorous or secondary position, the employee continues to be covered 

under the special provisions. 

Conversely, an employee who is not in a primary or secondary position, 

and is detailed or temporarily promoted to a rigorous or secondary position, 

is not covered under the special provisions. 

F.	 Nondeduction Service not subject to FERS deductions (for example, service under a 

Service	 temporary appointment) that is performed before 1989 may be creditable as 

law enforcement officer or firefighter service if -­

•	 the position is approved under paragraphs B or C; and 

•	 the employee made a deposit equal to 1.3 percent of basic pay for such 

service, with interest. (See Chapter 21, Service Credit Payments for 

Civilian Service.) 

CSRS and FERS Handbook	 April, 1998 
44 Special Retirement Provisions for Law Enforcement FERS 

Officers, Firefighters, Air Traffic Controllers,
 

and Military Reserve Technicians
 

Chapter 46
 

Section 46B3.2-1 Conditions for Coverage (Cont.) 

G.	 Service Under the Civilian service that was creditable under the Foreign Service Pension 

Foreign Service System (FSPS) may be creditable as law enforcement officer or firefighter 

Pension System service if -­

•	 the position is approved under paragraphs B or C; and 

•	 the employee waives credit for the service under the FSPS and makes a 

deposit equal to the amount that would have been deducted from pay if 

the employee has been covered under FERS, plus interest. (See 

Chapter 20.) 

NOTE: The deposit is based on the special deduction rates that apply 

to FERS law enforcement officers and firefighters. (See 

Chapter 30.) 

H.	 Service Under 

Other Retirement 

Systems 

Service under other retirement systems (other than CSRS or FSPS) is 

creditable under FERS only if it was performed before 1989. (See 

Chapter 20.) Such pre-1989 service may be creditable as law enforcement 

officer or firefighter service if -­

•	 The position is approved under paragraphs B or C; and 

•	 The employee waives credit for the service under the other retirement 

system and makes a deposit equal to 1.3 percent of basic pay for such 

service, with interest. (See Chapter 20.) 

April, 1998	 CSRS and FERS Handbook 
Special Retirement Provisions for Law Enforcement FERS 45 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Section 46B3.2-2 Evidence Requirements 

A.	 Rigorous Position An agency head's finding that a position is a rigorous position must be 

based solely on the official position description of the position in question 

and any other official description of duties and qualifications. 

The official documentation for the position should as soon as reasonably 

possible, establish that the primary duties of the position are so rigorous 

that the agency does not allow individuals to enter the position if they are 

over a certain age or if they fail to meet certain physical qualifications 

(physical requirements and/or medical standards) as determined by the 

employing agency head based on the personnel management needs of the 

agency for the position in question. 

NOTE: A temporary lag between approval of the position and 

establishment of a maximum entry age and physical qualifications 

is permitted if necessary. Justification for the lag should be 

documented. 

B. Secondary	 A determination that a position is a secondary position must be based on the 

Position	 official position description and any other evidence deemed appropriate by 

the agency head for making the determination. 

CSRS and FERS Handbook	 April, 1998 
46 Special Retirement Provisions for Law Enforcement FERS 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Section 46B3.2-3 Individual Requests for Position Approval 

A. Time Limit on
 

Individual
 

Requests
 

If an employee is not in an approved law enforcement officer or firefighter 

position (rigorous or secondary), the employee may, within 6 months after 

entering the position or within 6 months after any significant change in the 

position, formally seek a determination from the employing agency 

regarding his or her position. The individual's request must be in writing. 

If the employee does not request a position determination within 6 months, 

the agency head's determination that the service was not covered under the 

special group provisions at the time the service was performed is presumed 

to be correct. This presumption may be rebutted by a preponderance of 

evidence that the employee was unaware of his or her status or was 

prevented by cause beyond his or her control from requesting that the 

official status be changed at the time the service was performed. 

B. Agency Head
 

Decision
 

In response to an individual request for approval of a position as a law 

enforcement officer or firefighter position, the agency must issue a written 

decision. 

If the agency head approves the position, it is designated as a rigorous or 

secondary position as of a specific date (including a retroactive date if 

appropriate). The position approval applies to all employees holding the 

same position. 

NOTE 1:	 If an agency determines that an individual has performed 

qualifying service but that the official position description does 

not support approval, the agency must revise the individual 

position description, reclassify the position, or change the 

individual's duties, as appropriate. The past qualifying service 

will be deemed to be service in an approved position. 

NOTE 2:	 See Chapter 84 for instructions on retroactive coverage 

corrections. 

C.	 Appeal Rights An employee may appeal the final decision of an agency regarding a 

position determination to the Merit Systems Protection Board (MSPB) 

under the procedures prescribed by the MSPB. 

April, 1998	 CSRS and FERS Handbook 
Special Retirement Provisions for Law Enforcement FERS 47 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Section 46B3.2-3 Individual Requests for Position Approval (Cont.) 

D.	 Individual If an employee occupies an approved secondary position, but has been 

Request for found ineligible for secondary coverage for failing to satisfy one of he 

Secondary requirements listed in section 46B3.2-1, paragraph C, he or she may 

Coverage request agency reconsideration of the coverage decision within the time 

Determination limits provided in the initial agency decision. The final agency decision 

may be appealed to MSPB. 

CSRS and FERS Handbook	 April, 1998 
48 Special Retirement Provisions for Law Enforcement FERS 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Section 46B3.2-4 OPM Oversight of Coverage Determinations 

A.	 OPM Authority The Director of OPM retains the authority to overrule an agency head's 

to Overrule	 determination that a position is a rigorous or secondary position, except 

determinations involving -­

1.	 certain employees of the U.S. Park Police or the Uniformed Division 

of the Secret Service (see 5 U.S.C. 8401(17(B) and section 46B3.1-1, 

paragraph B2 of this Chapter); and 

2.	 certain employees of -­

•	 the Bureau of Prisons or Federal Prison Industries, Inc.; 

•	 the Public Health Service, who are assigned to the field service of 

the Bureau of Prisons or the Federal Prison Industries, Inc.; or 

•	 the field service at Army or Navy disciplinary barracks or at any 

other confinement and rehabilitation facility operated by any of the 

armed forces; 

who are performing detention duties (see 5 U.S.C. 8401(17)(D)). 

B.	 Agency Records 1. Upon deciding that a position is a law enforcement officer or 

and Reporting	 firefighter position, each agency head must notify OPM (see paragraph 

C) stating the title of the position(s), the number of incumbents, 

whether the position is a rigorous or secondary position, and, if the 

position is rigorous, the established maximum entry age (or the date by 

which it will be established). 

2.	 Each agency must establish a file containing all coverage 

determinations made by an agency head, and all background material 

used in making the determination. 

3.	 Upon request by OPM, the agency will make available the entire 

coverage determination file for OPM to audit to ensure compliance 

with the provisions of this subpart. 

April, 1998	 CSRS and FERS Handbook 
Special Retirement Provisions for Law Enforcement FERS 49 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Section 46B3.2-4 OPM Oversight of Coverage Determinations (Cont.) 

B.	 Agency Records 4. Upon request by OPM, an agency must provide to OPM a list of all 

and Reporting approved positions and any other pertinent information requested. For 

(Cont.) rigorous positions, the list must show the specific entry age 

requirement and physical qualifications (physical requirements and/or 

medical standards) for each position. 

C.	 OPM Address Send all correspondence regarding position determinations to: 

Office of Personnel Management 

Attention: Associate Director for Retirement 

and Insurance Service 

1900 E Street, NW. 

Washington, DC 20415 

CSRS and FERS Handbook	 April, 1998 
50 Special Retirement Provisions for Law Enforcement FERS 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Section 46B3.2-5 Transitional Provisions 

A.	 General Special transitional rules apply to employees who become covered by FERS 

(by automatic coverage or voluntary election) after already performing 

Federal service as law enforcement officers or firefighters. 

B.	 When CSRS The CSRS definitions of law enforcement officer and firefighter apply to 

Definitions Apply any service performed -­

•	 Before 1987; or 

•	 After 1986 and before an employee first becomes subject to FERS 

deductions, if that service was either (1) covered by CSRS deductions 

at the time it was performed or (2) nondeduction service that is 

creditable in a CSRS component of a FERS annuity. 

NOTE 1:	 Service under the CSRS Interim or Offset provisions is subject 

to the CSRS definitions even though that service becomes 

creditable under FERS (for annuity entitlement and computation 

purposes) when the employee becomes covered under FERS. 

NOTE 2:	 The determination as to whether any service meets the CSRS 

definition of law enforcement officer or firefighter must be made 

in accordance with CSRS rules and procedures. (See 

subpart 46A3.2.) 

C.	 When FERS The FERS definitions of law enforcement officer and firefighter apply to 

Definitions Apply any service performed after 1986 that is -­

•	 subject to FERS deductions; or 

•	 nondeduction service (before or after becoming covered by FERS) that 

is creditable under FERS annuity computation rules. 

NOTE: Nondeduction service performed on or after January 1, 1989, is not 

creditable under FERS. (See section 46B3.2-1, paragraph C, 

concerning use of such service to satisfy the 3-year rule for 

continuation of coverage in a secondary position.) 

April, 1998	 CSRS and FERS Handbook 
Special Retirement Provisions for Law Enforcement FERS 51 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Section 46B3.2-5 Transitional Provisions (Cont.) 

D.	 Creditability of 

Service Under 

CSRS 

E.	 Application of 

Direct Transfer 

Requirement 

F.	 Application of 

3-Year Rigorous 

Service 

Requirement 

G.	 Application of 

Continuous 

Secondary 

Coverage 

Any service as a law enforcement officer or firefighter under CSRS 

definitions that was performed before the date on which an employee 

becomes subject to FERS, is included in determining the employee's length 

of law enforcement and firefighter service under FERS for the purposes of 

retirement eligibility and mandatory separation. 

An employee who met the direct transfer requirement under CSRS (see 

section 46A3.2-1, paragraph C) is considered to have met the FERS direct 

transfer requirement. (See section 46B3.2-1, paragraph C1.) 

1.	 For employees who become covered by FERS after serving in a 

primary law enforcement officer or firefighter position under CSRS, 

service in the primary position can be counted as service in a rigorous 

position for purposes of the 3-year requirement discussed in section 

46B3.2-1, paragraph C2. 

2.	 For employees who became covered by FERS while serving in a 

secondary law enforcement officer or firefighter position under CSRS, 

the 3-year rigorous service requirement is deemed to have been met. 

The employee is not covered as a FERS law enforcement officer or 

firefighter in a secondary position if he or she had a break in CSRS 

coverage as a law enforcement officer or firefighter exceeding 3 days 

immediately before becoming subject to FERS. 

However, for this purpose, do not count as a break in coverage a break in 

secondary positions occurring before the individual became subject to 

FERS, if the break began with an involuntary separation (not for cause). 

(See section 46B3.2-1, paragraph C3.) 

CSRS and FERS Handbook	 April, 1998 
52 Special Retirement Provisions for Law Enforcement FERS 

Officers, Firefighters, Air Traffic Controllers,
 

and Military Reserve Technicians
 

Chapter 46
 

Subpart 46B3.3 Retirement Eligibility (LEO/FF) 

Section 46B3.3-1 Eligibility Requirements 

A.	 General FERS law enforcement officers and firefighters may retire voluntarily or 

involuntarily (except by removal for cause on charges of misconduct or 

delinquency) at an early age with entitlement to a special annuity 

computation if the following conditions are met: 

•	 Age and service requirements; and 

•	 Separation from a position subject to FERS coverage. 

NOTE 1:	 There is no "1-out-of-2" requirement under FERS as there is 

under CSRS. Thus, an employee who elects to transfer to FERS 

does not have to be under FERS for 1 year to be eligible to 

retire. It is possible for an employee's separation for retirement 

to occur on the same day (but not before) the FERS election 

becomes effective, provided that the employee meets the other 

requirements. 

NOTE 2:	 A law enforcement officer or firefighter's retirement may be 

triggered by mandatory separation based on age. See section 

46B3.3-2, which follows this section. 

NOTE 3:	 See Chapter 54, section 54B3.1-1, for annuity computation rules 

that apply to FERS law enforcement officers and firefighters. 

B.	 Minimum Age An employee must meet one of the age and service requirements below at 

and Service separation in order to be eligible for retirement under the special provision: 

Age: Service as Law Enforcement Officer 

or Firefighter: 

50 20 years 

Any Age 25 years 

April, 1998	 CSRS and FERS Handbook 
Special Retirement Provisions for Law Enforcement FERS 53 

Officers, Firefighters, Air Traffic Controllers,
 

and Military Reserve Technicians
 

Chapter 46
 

Section 46B3.3-1 Eligibility Requirements (Cont.) 

B.	 Minimum Age 

and Service 

(Cont.) 

C.	 Applicable CSRS 

Provisions 

NOTE: Unlike CSRS, FERS law enforcement officers and firefighters may 

retire before age 50 if they have 25 years of service. The CSRS 

rules regarding noncreditability of unused leave and military 

service apply equally under FERS. Also, the CSRS rules 

regarding disability and death-in-service cases apply under FERS. 

(See NOTES 1, 2, and 3 in section 46A3.3-1, paragraph B.) 

The following provisions of CSRS section 46A3.3-1 apply under FERS: 

•	 Paragraph C: Separation from Covered Position 

•	 Paragraph E: Erroneous Separations 

CSRS and FERS Handbook	 April, 1998 
54 Special Retirement Provisions for Law Enforcement FERS 

Officers, Firefighters, Air Traffic Controllers,
 

and Military Reserve Technicians
 

Chapter 46
 

Section 46B3.3-2 Mandatory Separation 

A.	 Applicable CSRS The following paragraphs of CSRS section 46A3.3-2 apply under FERS: 

Provisions 

•	 Paragraph A: General 

• Paragraph B: Standard Mandatory Separation 

•	 Paragraph C: Exemption From Mandatory Separation Until Age 60 

•	 Paragraph E: Notice Requirement 

•	 Paragraph F: Appeal Rights 

B. Exemption From The President, by Executive Order, may exempt an employee from 

Mandatory automatic separation if the President determines it is in the public interest to 

Separation After do so. 

Age 60 

NOTE: Unlike CSRS, the President's authority to exempt an employee 

from automatic separation has not been delegated to OPM. 

April, 1998	 CSRS and FERS Handbook 
Special Retirement Provisions for Law Enforcement FERS 55 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Part 46B4 Military Reserve Technicians 

Section 46B4.1-1 Definition 

A.	 Military Reserve "Military reserve technician" means a member of one of the reserve 

Technician components of the armed forces specified in 10 U.S.C. 261(a) who -­

1.	 Is assigned to a civilian position as a technician in the administration 

and training of such reserve components or in the maintenance and 

repair of supplies issued to such reserve components; and 

2.	 As a condition of employment in such position, is required to be a 

member of one of such reserve components serving in a specified 

military grade. 

B.	 Reserve The reserve components of the armed forces are -­

Components 

•	 The Army National Guard of the United States; 

•	 The Army Reserve; 

•	 The Naval Reserve; 

•	 The Marine Corps Reserve; 

•	 The Air National Guard of the United States; 

•	 The Air Force Reserve; and 

•	 The Coast Guard Reserve. 

CSRS and FERS Handbook	 April, 1998 
56 Special Retirement Provisions for Law Enforcement FERS 

Officers, Firefighters, Air Traffic Controllers,
 

and Military Reserve Technicians
 

Chapter 46
 

Section 46B4.1-2 Eligibility Requirements for Retirement 

A.	 General In general, military reserve technicians must meet the same requirements as 

regular employees to be eligible for an immediate unreduced retirement. 

(See Chapter 41, section 41B1.1-2.) However, military reserve technicians 

may qualify for early retirement under special conditions. These conditions 

are discussed below. 

B.	 Special Rule for 

Early Retirement 

C.	 Special Rule for 

Disability 

Retirement 

A military reserve technician who is involuntarily separated from technician 

service due to disability or other reason determined by the employing 

agency is entitled to an immediate annuity after attaining 50 years of age 

and completing 25 years of service. 

NOTE: A military reserve technician early retirement annuity is basically 

computed in the same way as a regular annuity. (See Chapters 50 

and 51.) 

A military reserve technician who has performed at least 18 months of 

civilian service may retire under the disability provisions if he or she -­

1.	 Is separated from employment as a military reserve technician due to a 

disability that disqualifies the individual from membership in a reserve 

component of the armed forces (specified in 10 U.S.C. 261(a)) or from 

holding the military grade required for such employment; 

2.	 Is not considered to be disabled in his or her position under FERS 

disability rules; 

3.	 Is not appointed to another position in the Federal government; and 

4.	 Has not declined an offer of an appointment that meets the following 

requirements: 

•	 The offered position is within the commuting area of the former 

position; 

•	 The individual is qualified to serve in the offered position (as 

determined by the head of the agency); and 

April, 1998	 CSRS and FERS Handbook 
Special Retirement Provisions for Law Enforcement FERS 57 

Officers, Firefighters, Air Traffic Controllers,
 

and Military Reserve Technicians
 

Chapter 46
 

Section 46B4.1-2 Eligibility Requirements for Retirement (Cont.) 

C.	 Special Rule for 

Disability 

Retirement 

(Cont.) 

D.	 Termination of 

Disability 

Retirement 

•	 The offered position is at the same grade or equivalent level as the 

position for which the individual separated. 

NOTE 1:	 A military reserve technician who qualifies for retirement under 

the rule described in paragraph B may not retire under the 

disability provision described in this paragraph. 

NOTE 2:	 See Chapters 60 and 61 for information on FERS disability 

retirement provisions and annuity computation rules. 

The annuity of a military reserve technician who retires under the 

provisions described in paragraph C terminates if the individual -­

1.	 Is appointed to any position in the Federal government; 

2.	 Declines an offer of appointment that meets the conditions described in 

paragraph C4; or 

3.	 Is found restored to earning capacity (see Chapter 60, 

section 60B5.1-1). 

CSRS and FERS Handbook	 April, 1998 
58 Special Retirement Provisions for Law Enforcement FERS 

Officers, Firefighters, Air Traffic Controllers, 

and Military Reserve Technicians 

Chapter 46 

Part 46B5 Retirement Procedures 

Section 46B5.1-1 Retirement Procedures 

A.	 General Handbook Chapters 40 and 60 provide detailed instructions on the 

completion of the forms identified below and the information and guidance 

that must be given retiring employees. 

B.	 Employee The employee must complete -­

Responsibility 

•	 Standard Form 3107, Application for Retirement (and Schedules A, B, 

and C when necessary (and, if applying for disability under the special 

provisions for military reserve technicians, OPM Form 3105-A, 

Applicant's Statement of Disability); and 

•	 OPM Form 3107-2, Spouse's Consent to Survivor Election, if 

applicable. 

If the employee has been separated 30 days or less before the application is 

filed, the application and other forms must be filed with the agency. If the 

employee has been separated more than 30 days, the application must be 

filed directly with OPM. 

C.	 Agency The agency must -­

Responsibility 

•	 Provide the employee with an Application for Retirement (SF 3107) 

and any other necessary forms (including disability application forms 

discussed in Chapter 60, section 60B2.1-1, if military reserve 

technician is retiring for disability); 

•	 Complete Certified Summary of Federal Service (SF 3107-1); 

•	 Complete Agency Checklist of Immediate Retirement Procedures 

(SF 3107-Schedule D); 

•	 Complete Standard Forms 2809, 2810, 2819, and 2821 concerning 

health and life insurance in accordance with The Federal Employees 

Group Life Insurance Handbook for Personnel and Payroll Offices and 

The Federal Employees Health Benefits Handbook for Personnel and 

Payroll Offices (formerly FPM Supplements 870-1 and 890-1); 

April, 1998	 CSRS and FERS Handbook 
Special Retirement Provisions for Law Enforcement FERS 59 

Officers, Firefighters, Air Traffic Controllers,
 

and Military Reserve Technicians
 

Chapter 46
 

Section 46B5.1-1 Retirement Procedures (Cont.) 

C.	 Agency • Send the employee's Individual Retirement Record (SF 3100) to OPM 

Responsibility (with the retirement application attached) within 30 days of separation; 

(Cont.) 

•	 For air traffic controller retirements, provide certification of air traffic 

controller service; and 

•	 For law enforcement officers and firefighters, provide a letter, signed 

by a responsible official of the employee's personnel office, listing in 

chronological order the title of each position, beginning with the first 

law enforcement officer or firefighter position, held by the employee, 

and the beginning and ending dates of the employee's service in each 

position. Service in supervisory or administrative positions should be 

noted as "supervisory" or "administrative." 

NOTE: An SF 2806 is also required if the employee transferred to FERS 

and is eligible for a CSRS annuity component. 

D.	 OPM Address Send all correspondence regarding an employee's retirement to: 

Office of Personnel Management 

Federal Employees Retirement System 

Retirement Operations Center 

Post Office Box 200 

Boyers, PA 16017 

CSRS and FERS Handbook	 April, 1998 
60 Special Retirement Provisions for Law Enforcement FERS 

Officers, Firefighters, Air Traffic Controllers,
 

and Military Reserve Technicians
 

Chapter 46
 

Section 46B5.1-2 Advice to Employee 

Commencing date of 1.	 For air traffic controller, law enforcement officer, and firefighter 

Annuity	 annuities based on either an optional retirement or a mandatory 

separation, the annuity commences on the first day of the month after 

separation for retirement. 

NOTE 1:	 If the separation occurs because of the expiration of a term for 

which the employee was appointed or elected, the annuity 

commences the day after separation for retirement. (See 

Chapter 41, part 41B2.) 

NOTE 2:	 Unlike CSRS, the FERS commencing date rules for a 

discontinued service retirement (see Chapter 44) differ from 

those for a retirement based on a mandatory separation, even 

though both retirements are based on an involuntary separation. 

2.	 For military reserve technicians entitled to an early retirement (see 

section 46B4.1-2, paragraph B), the annuity commences on the day 

after separation from service. 

3.	 For military reserve technicians entitled to a disability annuity (see 

section 46B4.1-2, paragraph C), the annuity commences on (a) the day 

after separation from service or (b) the date after pay ceases and the 

requirements for title to an annuity are met. (See Chapter 60, section 

60B6.1-3, paragraph B.) 

B.	 Reemployment of 

Retired Law 

Enforcement 

Officers and 

Firefighters 

C.	 Applicable CSRS The following paragraphs in CSRS section 46A5.1-2 apply under FERS: 

Provisions 

•	 Paragraph C: Reemployment of Retired Air Traffic Controllers 

•	 Paragraph D: Coverage of Reemployed Annuitants. 

•	 Paragraph E: Public Safety Officers' Benefits 

A retired law enforcement officer or firefighter is barred from 

reemployment in a rigorous position after reaching age 60. However, he or 

she is not barred from reemployment in a secondary position or any other 

position. 

April, 1998	 CSRS and FERS Handbook