Apr 1, 2012

Law Enforcement Officer (LEO) and CSRS / FERS

"...Law Enforcement Officer Retirement Under CSRS and FERS

Under CSRS, LEOs pay retirement contributions at 7.5 percent of basic pay, and agencies make a matching 7.5 percent payment. The normal cost for a CSRS LEO is 38.9 percent7 of basic pay; therefore, the CSRS LEO benefit is underfunded by 23.9 percent of basic pay.

Under CSRS, an employee may retire at age 50 with a minimum of 20 years of law enforcement officer, firefighter, or nuclear materials courier service. Under 5 U.S.C. 8339(d)(1), the CSRS LEO annuity formula is:

(2.5%) x (high-3 average basic pay) x (LEO service up to 20 years), plus
(2.0%) x (high-3 average basic pay) x (service over 20 years).

Under FERS, LEOs pay retirement contributions at 1.3 percent of basic pay. Agencies pay 22.7 percent of the employee's basic pay. The combined employee and agency shares total 24.0 percent, which is the current normal cost for a FERS LEO8.

Under 5 U.S.C. 8412(d), a FERS employee may retire at age 50 with a minimum of 20 years service as a law enforcement officer, member of the Capitol or Supreme Court Police, firefighter, or nuclear materials courier, or at any age with at least 25 years of such service. Under 5 U.S.C. 8415(d), the FERS LEO annuity formula is:

(1.7 %) x (high-3 average pay) x (LEO service up to 20 years), plus
(1.0 %) x (high-3 average pay) x (service over 20 years).

CSRS and FERS LEOs are subject to mandatory retirement. In order to be subject to mandatory retirement9, an employee must be eligible for retirement under the LEO provisions. That is, a law enforcement officer is subject to mandatory retirement when he or she is age 57 or older and has at least 20 years of law enforcement service. An agency head may retain a law enforcement officer until age 60 if the agency head finds that the LEO's continued service is in the public interest (5 U.S.C. 8335(b) and 5 U.S.C. 8425(b)). A CSRS law enforcement officer may be retained beyond age 60 with OPM's permission. (See section 1(3) of Executive Order 11228, June 14, 1965. In that order, the President delegated to the Civil Service Commission, the predecessor of OPM, his authority under 5 U.S.C. 8335(e) to exempt an employee covered by the Civil Service Retirement System from automatic separation.) A FERS LEO may be retained beyond age 60 with the permission of the President.

Agencies also set maximum entry age requirements for LEOs. Agencies typically set the maximum entry age of LEOs based on the age and service requirements for LEO mandatory retirement, which is generally age 57 with at least 20 years of LEO service. Thus, maximum entry age is typically age 37 because it allows an employee to achieve 20 years of LEO service at age 57, the mandatory retirement age...."


Source: opm.gov

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