Can someone provide the regulation where if ch 61 retiree can’t buy back AD time under FERS? @PERS-95 @chaplaincharlie
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FERS buyback medical retire
- Thread starter Gizzy
- Start date
The pertinent regulation is at 5 C.F.R. § 842.306, which is the OPM regulation dealing with creditable military service with respect to a FERS retirement and annuity. The regulation implements the statutory provision at 5 U.S.C. § 8411(c). I’ve provided the text below.
Basically, an individual receiving retired pay due to a longevity retirement based on 20 or more years of active Federal service or an individual receiving disability retired pay is prohibited from buying back his or her military service for FERS retirement purposes. There are three exceptions to this rule, where the buy back is allowed: (1) if the disability was incurred in combat with the enemy; (2) if the disability was caused by an instrumentality of war in the line of duty during a period of war; or (3) if the retirement is a Reserve retirement. Note that the instrumentality of war exception is narrower than the combat-related administrative determination made by a PEB, because it does not include conditions simulating war, although sometimes the language PEB’s use is sufficiently lax to create some wiggle room on this factor. OPM (or the particular agency involved) will rely on the military’s factual determination regarding how the disability was incurred or whether it’s an active duty or Reserve retirement in determining whether to allow the buy back.
5 C.F.R. § 842.306 Military service.
(a) Except as provided in paragraph (b), and unless otherwise provided under title III of the Federal Employees' Retirement System Act of 1986, an employee's or Member's military service is creditable if it was performed—
(1) Before January 1, 1957; or
(2) After December 31, 1956, subject to payment, before separation from service, of the deposit required by § 842.307.
(b) Credit for a period of military service is not allowed if the employee or Member is receiving military retired pay for such period awarded for reasons other than—
(1) Service-connected disability incurred in combat with an enemy of the United States;
(2) Service-connected disability caused by an instrumentality of war and incurred in the line of duty during a period of war (within the meaning of chapter 11 of title 38, United States Code); or
(3) Retirement under chapter 67 of title 10, United States Code.
(c) When adjudicating annuity claims, OPM will accept determinations made by the agency that authorized military retired pay concerning—
(1) The effective date of a waiver of military retired pay;
(2) Whether an individual's military retired pay was awarded for any of the reasons mentioned under paragraph (b) of this section; and
(3) Whether a period of military service forms the basis for military retired pay.
Basically, an individual receiving retired pay due to a longevity retirement based on 20 or more years of active Federal service or an individual receiving disability retired pay is prohibited from buying back his or her military service for FERS retirement purposes. There are three exceptions to this rule, where the buy back is allowed: (1) if the disability was incurred in combat with the enemy; (2) if the disability was caused by an instrumentality of war in the line of duty during a period of war; or (3) if the retirement is a Reserve retirement. Note that the instrumentality of war exception is narrower than the combat-related administrative determination made by a PEB, because it does not include conditions simulating war, although sometimes the language PEB’s use is sufficiently lax to create some wiggle room on this factor. OPM (or the particular agency involved) will rely on the military’s factual determination regarding how the disability was incurred or whether it’s an active duty or Reserve retirement in determining whether to allow the buy back.
5 C.F.R. § 842.306 Military service.
(a) Except as provided in paragraph (b), and unless otherwise provided under title III of the Federal Employees' Retirement System Act of 1986, an employee's or Member's military service is creditable if it was performed—
(1) Before January 1, 1957; or
(2) After December 31, 1956, subject to payment, before separation from service, of the deposit required by § 842.307.
(b) Credit for a period of military service is not allowed if the employee or Member is receiving military retired pay for such period awarded for reasons other than—
(1) Service-connected disability incurred in combat with an enemy of the United States;
(2) Service-connected disability caused by an instrumentality of war and incurred in the line of duty during a period of war (within the meaning of chapter 11 of title 38, United States Code); or
(3) Retirement under chapter 67 of title 10, United States Code.
(c) When adjudicating annuity claims, OPM will accept determinations made by the agency that authorized military retired pay concerning—
(1) The effective date of a waiver of military retired pay;
(2) Whether an individual's military retired pay was awarded for any of the reasons mentioned under paragraph (b) of this section; and
(3) Whether a period of military service forms the basis for military retired pay.
I am confused slightly as I was awarded an AD medical retirement (I was a mobilized Reservist) from the Navy in 2012 with 18.5yrs of day for day service. My IPEB was for a few orthopedic conditions that were combat related, but mistakenly labeled "non combat" on the MedBoard results.The pertinent regulation is at 5 C.F.R. § 842.306, which is the OPM regulation dealing with creditable military service with respect to a FERS retirement and annuity. The regulation implements the statutory provision at 5 U.S.C. § 8411(c). I’ve provided the text below.
Basically, an individual receiving retired pay due to a longevity retirement based on 20 or more years of active Federal service or an individual receiving disability retired pay is prohibited from buying back his or her military service for FERS retirement purposes. There are three exceptions to this rule, where the buy back is allowed: (1) if the disability was incurred in combat with the enemy; (2) if the disability was caused by an instrumentality of war in the line of duty during a period of war; or (3) if the retirement is a Reserve retirement. Note that the instrumentality of war exception is narrower than the combat-related administrative determination made by a PEB, because it does not include conditions simulating war, although sometimes the language PEB’s use is sufficiently lax to create some wiggle room on this factor. OPM (or the particular agency involved) will rely on the military’s factual determination regarding how the disability was incurred or whether it’s an active duty or Reserve retirement in determining whether to allow the buy back.
5 C.F.R. § 842.306 Military service.
(a) Except as provided in paragraph (b), and unless otherwise provided under title III of the Federal Employees' Retirement System Act of 1986, an employee's or Member's military service is creditable if it was performed—
(1) Before January 1, 1957; or
(2) After December 31, 1956, subject to payment, before separation from service, of the deposit required by § 842.307.
(b) Credit for a period of military service is not allowed if the employee or Member is receiving military retired pay for such period awarded for reasons other than—
(1) Service-connected disability incurred in combat with an enemy of the United States;
(2) Service-connected disability caused by an instrumentality of war and incurred in the line of duty during a period of war (within the meaning of chapter 11 of title 38, United States Code); or
(3) Retirement under chapter 67 of title 10, United States Code.
(c) When adjudicating annuity claims, OPM will accept determinations made by the agency that authorized military retired pay concerning—
(1) The effective date of a waiver of military retired pay;
(2) Whether an individual's military retired pay was awarded for any of the reasons mentioned under paragraph (b) of this section; and
(3) Whether a period of military service forms the basis for military retired pay.
Other conditions were combat related, but not what I was medboarded for.
I have not worked since then due to the injuries and only now am considering CH 31 benefits to return to the workforce (Federal position?) or to be self employed.
According to what you have posted, I would not be eligible to buy back through FERS because I never applied for or received CRSC and therefore am not considered a combat related disabled vet via instrumentality of war.
So, is it possible that the language that comes out of the PEB would justify the instrumentality of war exception and allow the use of a military deposit?The pertinent regulation is at 5 C.F.R. § 842.306, which is the OPM regulation dealing with creditable military service with respect to a FERS retirement and annuity. The regulation implements the statutory provision at 5 U.S.C. § 8411(c). I’ve provided the text below.
Basically, an individual receiving retired pay due to a longevity retirement based on 20 or more years of active Federal service or an individual receiving disability retired pay is prohibited from buying back his or her military service for FERS retirement purposes. There are three exceptions to this rule, where the buy back is allowed: (1) if the disability was incurred in combat with the enemy; (2) if the disability was caused by an instrumentality of war in the line of duty during a period of war; or (3) if the retirement is a Reserve retirement. Note that the instrumentality of war exception is narrower than the combat-related administrative determination made by a PEB, because it does not include conditions simulating war, although sometimes the language PEB’s use is sufficiently lax to create some wiggle room on this factor. OPM (or the particular agency involved) will rely on the military’s factual determination regarding how the disability was incurred or whether it’s an active duty or Reserve retirement in determining whether to allow the buy back.
5 C.F.R. § 842.306 Military service.
(a) Except as provided in paragraph (b), and unless otherwise provided under title III of the Federal Employees' Retirement System Act of 1986, an employee's or Member's military service is creditable if it was performed—
(1) Before January 1, 1957; or
(2) After December 31, 1956, subject to payment, before separation from service, of the deposit required by § 842.307.
(b) Credit for a period of military service is not allowed if the employee or Member is receiving military retired pay for such period awarded for reasons other than—
(1) Service-connected disability incurred in combat with an enemy of the United States;
(2) Service-connected disability caused by an instrumentality of war and incurred in the line of duty during a period of war (within the meaning of chapter 11 of title 38, United States Code); or
(3) Retirement under chapter 67 of title 10, United States Code.
(c) When adjudicating annuity claims, OPM will accept determinations made by the agency that authorized military retired pay concerning—
(1) The effective date of a waiver of military retired pay;
(2) Whether an individual's military retired pay was awarded for any of the reasons mentioned under paragraph (b) of this section; and
(3) Whether a period of military service forms the basis for military retired pay.