M* v. Office of Personnel Management

Christopher Francis Attig

Case Conclusion Date:March 6, 2009

Practice Area:Employment / Labor

Outcome:OPM Withdraws Decision Denying Benefits

Description:When our client reached age 62, OPM reduced his annuity pursuant to provisions known in civil service circles as the “Catch 62 provisions”. “Catch 62 provisions” allow certain federal employees with post-1956 military service to buy their military service into their civil service annuity. Employees who do this before retirement receive a larger monthly annuity throughout their entire retirement. Employees who do not make this deposit before retirement will have their annuity reduced at age 62. Our Client claimed that he was denied the opportunity to make his deposit due to administrative error by his employing agency. The Administrative Error consisted of advice from the employing Agency (Department of the Army) that was erroneous - our client claimed he was informed that failing to make the deposit would not impact his retirement annuity. OPM disagreed ,finding that our client had the opportunity to make the deposit. After discovery served on OPM, and discovery served on a third-party Agency, OPM withdrew its denial, and has allowed our client to make his deposit and receive the higher annuity. OPM agreed allow our client to make the deposit for his military service credit so he could receive an additional increase in his retirement annuity for the rest of his life.