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LWEC and receiving a pension outside FED Govt

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Latest post Sat, Nov 19 2016 11:30 AM by badfingers. 3 replies.
  • Thu, Nov 17 2016 7:46 AM

    LWEC and receiving a pension outside FED Govt

    Hello all.

    Somewhat of a repeat of previous post...but.  After contacting CE on Oct 13, he had still failed to answer my question. Over 4 weeks of "I dont know, I will have to research" and failing to return phone calls I spoke to his supervisor today. He ultimately said "he thinks" receiving a pension from local govt which I have worked for would affect my LWEC.  He "isnt sure" and said he will send out a letter asking for specifics as to how much I would receive. I then asked him "cant you refer me to specific law or regulation which spells that out" he didnt like that question.  I further stated that I complete the annual income request form, which doesnt ask for pension received EXCEPT it DOES as if you HAVE began receiving one from FEDERAL Govt. Which isnt the source I am seeking guidance on. I further stated I understood the "3 reasons a LWEC can be modified or ended" which sure doesnt appear to be the case.  I guess I may have no other choice than to respond to inquiry with all specifics as to how much I could elect to receive.  Anyone think I should seek legal counsel?  Perhaps go ahead and submit details and see what response is?  Then proceed?  Any help is greatly appreciated. Thanks very much!!

  • Fri, Nov 18 2016 1:14 PM In reply to

    Re: LWEC and receiving a pension outside FED Govt

    No, I don't think you need an attorney at this point.

    What ultimately will happen here is that the question will get referred to someone in OWCP's national office. That person should set the CE and his supervisor straight as long as they are clear about the fact that the pension is from a state or local govenrment agency. 

    You did not earn your entitement to his pension from your Federal employment. You earned it from your non-Federal employment. It should not make any difference to OWCP because it is not one of hte reasons foir alterning your LWEC. (Besides, I bet this pension probably won't pay as well as your earnings from your current employment. OWCP certainly is not going to adjust the LWEC upward just because you voluntarily chose to retire.

    If you were a FERS employee during your Federal career (or CSRS offset), then you did pay into Social Security as a Federal employee. Some, but not all of your future SSA retirement benefit will be based upon your Federal employment. There will be some affect on your LWEC once you start receiving SSA retirement benefits. It won't be the entire SSA benefit because it looks like a significant portion of your SSA retirement benefit will be from non-Federal employment (including military service, if applicable). But there likely will be an offset applied to the LWEC for the portion of your SSA retirement benefit that is attributed to your Federal employment. This is not a one size fits all offset. If you only had a few years of Federal employment, the offset could be very modest. If your Federal career was fairly lengthy, then it could be more substantial. 

    Cross that bridge when you get to it. It is not likely to become issue until you start collecting SSA retirement benefits, which can't happen for anyone before age 62.










  • Fri, Nov 18 2016 2:04 PM In reply to

    Re: LWEC and receiving a pension outside FED Govt

    Many thanks Hearst86.


     I do need to add, and clarify, I have returned to a different Federal agency, and plan to continue working there still. I can begin to receive the pension from the local government since I turned 55 in March.  But again, thats the potential I see for them to interpret somehow as they see fit.  The annual paperwork doesnt ask if I am receiving pension from anywhere other than Fed.  It also asked if I worked and received a salary, which I obviously report, and where I am working.   All information (which I have dozens of placed Ive read it) names the 3 reasons to reduce of end LWEC.  One is a "mistake" in the original calculation, another is if I am "vocationally rehabilitated" and my earning exceed 1.25 times the wage of the job I lost due to injury. As I told the CE and his supervisor, receving a pension from local government surely doesnt meet any of those criteria.  Yesterday the supervisor I spoke to said he would send letter asking for specifics of exactly how much I would receive. I responded with "i dont think thats relevant, what I am asking for is specific law, rule or regulation applying to this situation. He got a little testly with me.  CE called later, and said his research says "it doesnt appear it would affect the LWC" he sent his findings to the senior case examiner, and was awaiting a response.  5 weeks in, they have told me nothing worthwhile.

  • Sat, Nov 19 2016 11:30 AM In reply to

    Re: LWEC and receiving a pension outside FED Govt



    WOO HOO, received letter today. Pension from local Govt does NOT have effect on LWEC. Supervisor claims examiner sent letter. NO further information required from me, NO affect whatsoever. Thanks for chiming in. I appreciate your help and input.

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