Retirement Coding Errors

Date: Mon, 21 Dec 1998 08:26:41 -0500
To: "USGS Employees"<distribution>
From: "Cindy S. Wylie" <cwylie>
Subject: Retirement Coding Errors


In Reply Refer To:
Mail Stop 601



					MEMORANDUM


To:           All U.S. Geological Survey Employees

From:         Robert Hosenfeld
              Personnel Officer

Subject:      Retirement Coding Errors

Supervisors, Managers and Team Leaders:  Please ensure that employees
without access to e-mail receive a copy of this message.

Due to a recent decision of the United States Court of Appeals for the
Federal Circuit, certain employees who were automatically placed in the
Federal Employees Retirement System (FERS) must now be considered to have
been erroneously placed in FERS.  The Court ruled that the Office of
Personnel Management's implementation of the 5-year test in determining
what retirement system an employee should be placed under was incorrect.  

As a result of that court decision, the 5-year test in determining what
retirement system an employee should be placed in has been revised.  The
Court's ruling applies only in cases in which employees were automatically
placed in FERS, not those who elected to join FERS.

Because of the Connor decision, an employee who performed 5 years of
creditable civilian service as of December 31, 1986, is excluded from
automatic FERS coverage.  In addition, any individual who completed at
least 5 years of creditable civilian service as of December 31, 1986, but
was placed in FERS automatically after a break in service ending after
December 31, 1986, was also placed under the incorrect retirement system.
Therefore, any employee automatically placed in FERS who performed 5 years
of creditable civilian service as of December 31, 1986, should now be given
a choice whether to remain in FERS.    

If you feel that a retirement coding error may have occurred, you should
contact your servicing personnel office as soon as possible so a review of
your Official Personnel File can be made.  If an error is discovered, you
will be contacted and counseled in order to provide you with options to
consider in making your decision.