Federal Employees Retirement System
The Federal Employees' Retirement System is the retirement system for employees within the United States civil service. FERS became effective January 1, 1987, to replace the Civil Service Retirement System and to conform federal retirement plans in line with those in the private sector.
FERS consists of three major components:
- The FERS annuity, a defined benefit plan,
- Mandatory participation in Social Security, and
- The Thrift Savings Plan, a defined contribution plan which operates like a 401.
Transition from CSRS to FERS
FERS annuity
Eligibility
Most new federal employees hired on or after January 1, 1987, are automatically covered under FERS. Those newly hired and certain employees rehired between January 1, 1984, and December 31, 1986, were automatically converted to coverage under FERS on January 1, 1987; the portion of time under the old system is referred to as "CSRS Offset" and only that portion falls under the CSRS rules. Rehired federal employees who worked prior to December 31, 1983, and had 5 years of civilian service by December 31, 1986, can choose between remaining in CSRS or electing FERS within six months of rehire, but should the employee elect to switch from CSRS to FERS coverage, the election is irrevocable. Employees of Nonappropriated Fund Instrumentalities of the Departments of Defense and Homeland Security participate in a separate retirement system, except when retaining previous coverage under a different retirement system following a transfer.Contributions
Employees hired prior to January 1, 2013 contribute 0.8 percent of salaries to their FERS annuity to their annuity, while employees hired in 2013 contribute 3.1 percent and employees hired in 2014 and thereafter contribute 4.4 percent ; this percentage does not change so long as the employee remains in Federal service. The government matching portion is dependent on the employee's job classification and is based on actuarial assumptions, and is subject to change.Unlike TSP, where an employee can choose not to participate and thus not have any withdrawals from salary, FERS contributions are mandatory. However, at retirement or separation from Federal service, one may ask for a refund of contributions made; only employee contributions are refunded, government matching contributions are not refunded and are lost. However, a spouse or former spouse must be notified, and a refund will not be allowed if it would end a court-ordered right for a spouse or former spouse to obtain benefits from the employee's Federal service. And if the employee returns to Federal service, a refund voids entitlement to an annuity based on the former service unless repaid upon return.
Retirement Qualifications for Annuity
In order to qualify for the standard FERS annuity an employee must have reached a minimum retirement age and have a specified number of years of "creditable Federal service". Credit for certain levels of military service may be repurchased for a specified percentage of prior salary plus accrued interest; such repurchase is optional and can be made at any time prior to retirement. Part-time work is counted on a pro-rated basis. Any leave without pay days are counted as if having worked, limited to six months in a year.The MRA is based on the employee's birth year as shown on the table below:
Birth Year | MRA |
1947 or earlier | 55 years |
1948 | 55 years, 2 months |
1949 | 55 years, 4 months |
1950 | 55 years, 6 months |
1951 | 55 years, 8 months |
1952 | 55 years, 10 months |
1953–1964 | 56 years |
1965 | 56 years, 2 months |
1966 | 56 years, 4 months |
1967 | 56 years, 6 months |
1968 | 56 years, 8 months |
1969 | 56 years, 10 months |
1970 or after | 57 years |
Immediate and Deferred Retirement
For an immediate retirement or a deferred retirement the employee must meet one of the following combinations of age and years of actual creditable service:- Age 62 with 5 years,
- Age 60 with 20 years,
- At least the MRA with 30 years, or
- At least the MRA with 10 years.
Other Retirement Options
Disability retirement is also a potential option for eligible federal employees with at least 18 months of service who no longer can perform their duties. The following conditions are required:
- the employee must have become disabled, while employed in a position subject to FERS, because of a disease or injury, for useful and efficient service in the employee's current position,
- the disability must be expected to last at least one year, and
- the agency must certify that it is unable to accommodate the disabling medical condition in the employee's present position and that it has considered the employee for any vacant position in the same agency at the same grade/pay level, within the same commuting area, for which the employee is qualified for reassignment.
Annuity calculation
The "high-3" pay includes all items for which retirement deductions are withheld; this includes basic pay, locality pay adjustments and shift differentials, but not overtime, bonuses/awards, severance pay or buyouts, payments for unused annual leave and credit hours, or "hazard pay". All salaries earned during the "high-3" period are time-weighted, and include COLA's, within-grade increases, and promotions. The "high-3" period normally is the final three years of service but does not have to be.
The FERS annuity is structured to provide employees an incentive to continue working for at least 20 years in Federal service and until age 62, since employees retiring at or after age 62 with 20 years of service or more have the annuity calculated at 1.1 percent of the high-3 average times the number of years worked, while employees not meeting those criteria have the annuity calculated at 1 percent of such. Separate calculations exist for certain workers and for employees who transferred from CSRS to FERS. An employee retiring under age 62 will receive a "special retirement supplement" which duplicates what an employee would earn under Social Security at age 62, but at age 62 the supplement ends. Disability retirement annuity payments are offset totally by any Social Security disability payments for the first 12 months, and then partially afterwards until age 62; at that time the annuity is treated as if the employee had worked for the entire period of disability, and the "high-3" and resulting annuity is recalculated taking into account any COLA's that would have been earned between the original retirement and age 62.
Unused sick leave is converted, at 100% of the balance for employees retiring in 2015 and after, to additional creditable service based on a conversion table, where 2,087 hours equals one full year of additional creditable service. The leave can only increase the amount of creditable service for annuity purposes; it cannot be used to create an eligibility which did not exist.
- For example, a person born in 1965, age 56 years and two months, with 29 years and 10 months' actual creditable service, plus four months of sick leave, would not be eligible for retirement, because although s/he has reached the MRA s/he lacks the actual creditable service required to retire.
- For example, an employee with 33 years, 11 months, and 17 days of actual service time, plus four months and 20 days of unused sick leave, will be calculated as having 33 years, 15 months, and 37 days of time.
- The days are then converted to months at a rate of 30 days = one month, with any excess days lost.
- The months are then converted to years at a rate of 12 months = one year, with the remaining months shown as a fraction.
Generally, an employee has the right to determine his/her "date of final separation" ; the following day is the employee's retirement date. The annuity does not begin until one full calendar month has passed since the employee's retirement. Thus, an employee retiring on June 30 will have his/her annuity begin on August 1, but an employee retiring on July 1 will not have his/her annuity begin until September 1.
Married employees will have their annuity reduced by a survivor benefit unless the spouse specifically in writing consents to receiving less than a full benefit; the reduction is based on the survivor benefit chosen.
Employees are eligible for a COLA if they meet certain criteria. The most notable is retirement after age 62; most employees who retire before age 62 will not receive a COLA until age 62.
Because employee contributions are post-tax, a portion of any FERS annuity received is not taxable. However, the non-tax portion is relatively small ; and even though the non-tax portion would be paid back within a few months after retirement, tax law requires it to be spread out over a period of years depending on the annuitant's age.
Payment at Death
If an employee/retiree dies and a survivor benefit was not chosen, then any unpaid balance of employee contributions is paid to the beneficiary designated.If the employee/retiree did not designate any beneficiary, then the "statutory order of precedence" is used, as follows:
- To the widow or widower,
- To any surviving children or their descendants,
- To any surviving parent or parents,
- To the court-appointed executor or administrator of the estate,
- To the next of kin as determined by the laws of the state where the employee/retiree lived at death.
FERCCA Legislation
FERCCA gave affected employees and annuitants placed in the wrong retirement system an opportunity to choose between the Federal Employees' Retirement System and the offset provisions of CSRS. FERCCA may also provide one or more of the following:
- Reimbursement for certain out-of-pocket expenses paid as a result of a coverage error,
- Ability to benefit from certain changes in the rules about how some government service counts toward retirement, and
- Make-up contributions to the Thrift Savings Plan and receipt of lost earnings on those contributions