The Federal Circuit court addressed whether the Office of Personnel Management (OPM) can divide the Federal Employees Retirement System (FERS) annuity supplement with a former spouse even if the divorce decree doesn't explicitly mention it. The court sided with a federal retiree, affirming the Merit Systems Protection Board's decision, and clarifying that the supplement division requires express terms in the court order.
, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters. annuity supplement with a former spouse if a court order or divorce decree expressly provides for such a division.
The decision affirms the Merit Systems Protection Board’s Social Security benefits, a Thrift Savings Plan plans available to private-sector employees), and a basic annuity payment. For employees who retire before reaching age 62, the earliest Social Security retirement age, FERS also provides a retirement annuity supplement, which is a temporary payment meant to bridge the gap between retirement and Social Security eligibility.However, OPM altered its approach in 2016. It began interpreting any court-ordered division of the basic annuity as implicitly including the annuity supplement, even if the order did not expressly say so. OPM applied this new interpretation retroactively, demanding repayment from retirees and reducing future supplement payments., the Federal Circuit addressed the question of whether OPM apportions the annuity supplement only when the terms of a court order expressly provide for the division of the supplement. Mr. Moulton, a federal retiree, challenged OPM’s revised policy after the agency began withholding part of his annuity supplement to pay his former spouse, despite his divorce order never mentioning the annuity supplement. He brought the case before the MSPB, which sided with him. OPM appealed to the Federal Circuit. The Federal Circuit analyzed two key statutes: 5 U.S.C. § 8421, which governs the FERS annuity supplement and 5 U.S.C. § 8467, which authorizes OPM to comply with court orders in dividing retirement benefits “to the extent expressly provided for.” The Court ruled and emphasized that the annuity supplement is not automatically part of a divorce supplement and cannot be split unless expressly provided for.case changes the rules in FERS annuity supplement cases. Federal retirement benefits involve nuanced rules and procedures. If you’re dealing with a divorce or retirement issue involving federal retirement benefits or need help drafting or interpreting aOur firm advises individuals and attorneys nationwide on how to properly divide federal retirement benefits, draft, review and revise COAPs and court orders, and ensure compliance with OPM requirements among other related federal benefits issues. Please contact usMs. Berry is the managing partner and has a wide range of experience in the representation of federal, public, and private sector employees as well as small business organizations. Her practice focuses on employment, retirement, business, and contract law.Nowhere to go on Christmas Eve? Celebrate being Jewish with other young adults while the rest of the city is closed.Go to “Trespasser struck by a train at Rhode Island Avenue. Expect delays in both directions.”Go to “Local Coffee Shop, Cafe Cino, to Open Permanent Location at Bridge District”
FERS Annuity Supplement Divorce OPM Federal Circuit
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