Hi, thanks for having a forum where I can (hopefully) get some answers to questions to my specific case.
I'm a 14 year (FERS) FAA air traffic controller that spent the entire
time working airplanes. I was in the military for 5 years and I have
previously bought that time back, total federal service is 19 years.
I was recently disqualifed for air traffic duties by the flight
surgeon. Our union contract is very clear in my options, they are a
disability retirement, the FAA finding a new job for me in the local
area at about the same pay, or accomodating my illness. Number three is
not possible so I have two options. And here are the questions.
How long does the FAA allow me to look for another job? A month? 6
months? A year..? That is not made clear. Do I receive some sort of
priority over other applicants if a job is available, or do I fall in
with all the others in the applicant pool?
Next, it appears that according to BAL 10-105 I would fall under the
"enhanced disability" clause. If that is the case, do I still receive
60% the first year and then drop to 50% after that? Since I am being
"forced" out of my job by the flight surgeon, do I pay full state and
federal income tax on the annuity? Also, am I supposed to file for SSI
I also have a few more questions about. BAL 101-05
The disability annuity for an employee who has performed service as an air traffic controller will
generally equal the greater of the earned annuity, computed using the General Formula annuity
accrual rates in 5 U.S.C. § 8339(a), or the guaranteed minimum benefit for air traffic controllers
under 5 U.S.C. § 8339(e) - 50 percent of the employee's high-3 average pay.
Then this is referenced:
As the result of the court decisions referenced earlier in this BAL, an additional annuity accrual
rate - 1.7 percent - must be included in the computation of the earned annuity if an employee has
performed service as a law enforcement officer, firefighter, nuclear materials courier, customs
border protection officer on and after July 6,2008, member of the
Supreme Court Police, member of the Capitol Police, or air traffic
controller. The 1.7 percent annuity accrual rate will be applied to all
such service, up to 20 years.
Reading that it seems to me that that would be 50% of my high three,
plus an additional 1.7% for my 14 years as an air traffic controller.
But that would yield nearly 74% of my high three and I cannot fathom
that being correct. Do I receive any sort of additional credit for the military time I bought back?
I know this is a long rambling post, but I sent questions to OPM
weeks ago and never got a reply. I try calling and all I ever get is a
busy signal. This is very frustrating and I'm looking for some clarity
for my future. Thanks in advance to any and all that have information or
expertise to share.