Figuring out the 'Fork in the Road'
The Trump administration's "deferred resignation" offer has federal employees scrambling for answers and facing tough choices.
As the entire federal community reels from the recent email sent from the Office of Personnel Management offering employees a "deferred resignation," there is so much to figure out and so many questions that need answers. It's time to start separating the known from the unknown in hopes of finding clarity with this latest directive.
What is known:
1. Jan. 27: Return to Office Implementation Plan: The Office of Management and Budget and Office of Personnel Management issued this memorandum to provide further guidance to agencies on implementation of the Jan. 20, 2025, "Return to In-Person Work," presidential memo.
2. Jan. 28: Federal workers received an email reportedly from OPM, offering a "deferred resignation" offer with an acceptance deadline of Feb. 6. At first workers questioned whether this was spam and not a "real" email. Even the title of the memo, Fork in the Road, sounded a little suspect and not at all like an official government document.
What is not known:
There is much that isn't clear to the federal workforce as this unprecedented action is being parsed, but here are a few things that need to be confirmed before accepting an offer that you may come to regret:
1. Will this be processed as a Voluntary Early Retirement Authority- type of event? The memo stated: "I also understand that if I am (or become) eligible for early or normal retirement before my resignation date, that I retain the right to elect early or normal retirement (once eligible) at any point prior to my resignation date." Under a VERA, employees can apply for early retirement at age 50 with 20 or more years of service or at any age with 25 years of service. They are entitled to an immediate, unreduced retirement with continuation of federal insurance benefits (if they meet the requirements of being covered by FEHB and FEGLI for the five years preceding their retirement date). They are entitled to a FERS supplement at their Minimum Retirement Age and may continue to age 62 with an annual earnings limit.
2. Will salaries continue to be paid through Sept. 30 for those who "resign" by Feb. 6. According to its fact sheet on administrative leave, OPM does not regulate the use of administrative leave. This authority rests with each agency head. Comptroller General decisions suggest that approval for administrative leave should generally be limited to situations involving brief absences.
3. Will the salaries paid during the "deferred resignation" be subject to all normal payroll withholdings for FICA, Medicare, TSP, retirement (CSRS or FERS), etc.?
4. Will employees accrue additional leave during this period of non-work?
5. How many employees will accept this offer? Government Executive senior correspondents Erich Wagner and Eric Katz reported earlier this week that, "by Tuesday morning, a consensus had emerged among unions and other federal employee associations: Don't take the deal. Between the questionable legal authority to grant deferred resignations, a lack of guarantee that an employees' resignation will be accepted and that their pay and benefits will actually continue, and Elon Musk's involvement and past history with mass resignation efforts, feds should be wary, they said." Even if a small percentage of employees accept the offer or choose to retire during this time, will there be adequate personnel at the HR and OPM agency personnel to process retirements that will need to be adjudicated because of this action?
What you can do now:
1. Listen to your HR office for guidance that may be provided in the coming days. According to the email, "once your resignation is validly sent and received, the human resources department of your employing agency will contact you to complete additional documentation, if any." It's the "if any" that is concerning.
2. If you are a member of an employee union group or other group that represents federal employees, listen closely to any action they may be taking. If you're not a member, why not? There are more than 70 groups to consider and some of the largest are voicing opinions on this news, including the Federal Employee Education & Assistance Fund, the American Federation of Government Employees, Blacks in Government and the National Active and Retired Federal Employees Association.
3. Hope for the best but be prepared for the worst is the best you can do at this time. In preparation for some type of early out offer, I wrote two columns recently to help you prioritize what you can do now if you decide to retire sooner than you may have planned: Tips to prepare for the future of your federal career and How to prepare for an unexpected retirement.
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