FEDweek Issue: Wednesday, August 25, 2004
 
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In This Week's Issue
1. Some Exceptions to New FEGLI Coverage
2. Some Special Enrollment Rules to Apply
3. Questions and Answers about FEGLI Open Season
http://fedweek.sparklist.com/t/294933846/821888/4/0/ 
4. Open Season Bill's Reasoning
5. Expert's View: Retirement Door Isn't Revolving -- for Most
http://fedweek.sparklist.com/t/294933846/821888/149/0/ 
6. Agency Contributions a Major Difference
7. Government Contributions Pay Off
8. Get Big Travel Discounts Now Through FEDweek!
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9. Price Tag Put on Expanding Acquisition Force
10. Tussle Over Jobs is Long-Running
11. CPI Slips in July
12. Objections Raised to New Authorities at FBI
13. Federal Legal Corner: Denial of Reasonable Accommodation 
http://fedweek.sparklist.com/t/294933846/821888/299/0/
14. The Brand New In-Print 2005 CSRS & FERS Retirement Planning 
Guides Are Now Available For Immediate Shipment! 
Plus--Get FEDweek's The Book of Answers FREE!
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1. Some Exceptions to New FEGLI Coverage
Although active employees will be able to start or increase 
Federal Employees Group Life Insurance coverage in the open 
season that will run during September, there are circumstances 
in which the coverage will never take effect, the Office of 
Personnel Management has said. The effective date of the 
elections will not be for another year, until the first pay 
period of September 2005. Thus, an employee who makes an 
election during the open season but leaves federal service 
before the new coverage becomes effective, it will be as if 
he or she never made the election. The individual could 
convert the old level of coverage to a private plan but not 
the new level. Similarly, if an employee dies before next 
September, benefits will be paid only on the old coverage. 
Further, those who retire before September 2010 will not be 
able to carry the higher coverage into retirement, since the 
law requires that coverage be in place for five years before 
retirement, or from the first opportunity to elect coverage--
the open season will not be deemed a first opportunity for 
that purpose.
 
2. Some Special Enrollment Rules to Apply
Although the FEGLI open season ends September 30, agencies 
have authority to accept belated enrollments through March 
31, 2005 if they determine that the employee was unable to 
make a timely election due to circumstances beyond his or 
her control. The employee will have 31 days after the agency 
made that decision to make an enrollment choice, on the form 
being used for the open season, FE-2004. Further, employees 
may continue to make regular FEGLI elections during the open 
season. That is, they can decrease or stop coverage, or they 
can increase it after submitting medical evidence of 
insurability or if they have a life event. Such elections 
should be made on the standard FEGLI election form, the 
SF-2817. Those elections will become effective on the same 
schedule as always.
 
3. Questions and Answers about FEGLI Open Season
For a look at questions and answers about the open season, 
go to http://fedweek.sparklist.com/t/294933846/821888/4/0/ in the 
hot free info section of our website.
 
4. Open Season Bill's Reasoning
Eliminating the Thrift Savings Plan's open seasons would 
encourage employees who currently do not participate in the 
program--especially those under the FERS system, whose 
retirement benefits typically will be equal to a CSRS 
system retiree's benefits only by participating in the TSP--
to join it, according to a Senate report. The report, which 
accompanies a Senate-passed bill (S-2479), notes that 13 
percent of FERS employees do not invest any of their own 
money in the TSP--they do get accounts automatically, into 
which the government contributes an amount equal to 1 
percent of their salary--and about a third of CSRS 
employees don't invest. The open season policy restricts 
when employees may join the program and when they may 
change the amounts of their investments, policies that the 
report says are outdated since the TSP switched from 
monthly valuation to daily valuation of accounts last year. 
The measure does not specify when the open seasons--the next 
one is scheduled to run October 15-December 31--would be 
abolished, leaving that to be resolved in TSP-issued 
regulations. The House could take up the TSP open season 
question after Congress reconvenes next month.
 
5. Expert's View: Retirement Door Isn't Revolving -- for Most
While it's true that a relatively small number of  federal 
employees wind up returning to Uncle Sam's civil service 
after they retire, most do not. They stay retired. You'll 
likely be one of these, and so planning for your retirement 
-- your most financially significant employment benefit -- 
should be the biggest blip on your radar screen -- anywhere 
from 10 years out to the moment you're offered an early 
retirement. This week our federal retirement expert, Reg 
Jones, maps out basic considerations, including a timetable 
for making sure you not only maximize your benefits but 
also avoid pitfalls caused by opening that door to 
retirement too quickly. You'll find his views at 
http://fedweek.sparklist.com/t/294933846/821888/149/0/ 
 
6. Agency Contributions a Major Difference
A major difference between the Senate's TSP bill and a 
version that has cleared the House Government Reform 
Committee (HR-4324) involves the government contributions 
for FERS employees. Under current policy, the automatic 
1 percent contribution and the matching contributions of 
up to an additional 4 percent when FERS investors 
contribute at least 5 percent of their own salary, don't 
begin until the second open season after hiring--in some 
cases close to a year. The Senate bill would keep to that 
schedule of dates--even though open seasons themselves 
would be abolished--while the House bill would have the 
automatic contribution start immediately and the matching 
contributions start as soon as the individual begins 
investing his or her own money. That could represent an 
important hang-up to the chances of enactment, since the 
House position represents a substantial policy change in 
the context of a bill being touted by sponsors as a 
non-controversial change in administrative practices. 
Cost also could be a factor. The Congressional Budget 
Office estimated that the Senate bill as costing the 
government $53 million in lost tax revenue and higher 
agency contributions over 10 years; the price tag on the 
House approach could go substantially higher.
 
7. Government Contributions Pay Off
The average TSP for FERS account holders is around $48,400 
while for CSRS participants the average is around $39,300, 
according to TSP data, even though demographically CSRS 
employees are more likely to be more senior and better-paid 
than FERS employees. The difference in account sizes 
likely is due primarily to the fact that FERS investors 
get government contributions of up to 5 percent of salary, 
while CSRS investors get no employer contributions. Also, 
FERS employees are more likely to have had prior employment 
with outside employers with 401(k) or similar plans whose 
balances can be transferred into the TSP upon joining the 
government.
 
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9. Price Tag Put on Expanding Acquisition Force
Expanding the Defense Department's acquisition workforce as 
proposed in Senate-passed legislation (S-2400) would cost 
about $250 million in the first year and $1.7 billion over 
five years, the Congressional Budget Office has estimated. 
CBO's estimate could play an important role in determining 
the outcome of the provision, which currently is in a 
conference with the House. The House version of the bill 
(HR-4200) would require a 5 percent reduction in the DoD 
acquisition workforce by October 1, 2005 while the Senate 
bill would increase the size of that workforce by 5 percent 
each year over three years. 
 
10. Tussle Over Jobs is Long-Running
CBO said that expanding the DoD acquisition workforce as 
urged by the Senate translate into about 6,700 new positions 
a year. The DoD acquisition workforce is currently about 90 
percent civilian and 10 percent military, CBO said, adding 
that "given the current operating tempo of the military, 
CBO assumes that the majority of the increase would be newly 
hired civilians." CBO arrived at its total cost by figuring 
the average cost in salary and benefits of a DoD civilian 
employee at $75,000 a year. The varying approaches of the 
two chambers is the latest installment of a difference of 
opinion between them covering many years. In most years the 
House and Senate split the difference in conference.
 
11. CPI Slips in July
The consumer price index measure used to set federal retiree 
cost-of-living adjustments fell by 0.2 percentage points in 
July. With two months left in the counting period to determine 
the January 2005 COLA, retirees have accumulated 2.6 percent.
 
12. Objections Raised to New Authorities at FBI
The Bush administration has objected to several provisions in 
the House-passed version of an appropriations bill covering 
the Justice Department (HR-4754) designed to expand personnel
flexibilities at the FBI. Language in the bill, which is 
awaiting a House vote, would: exempt reemployed annuitants 
from the standard offset between the annuity and salary; allow 
the agency to expand the use of "critical pay," which offers 
higher than normal pay for positions in especially high 
demand; and broaden the authority to waive the mandatory 
retirement age for FBI law enforcement officers until age 65. 
The White House said in a position paper that many of those 
authorities already are administratively available, and 
similar issues are being addressed in a civil service reform 
bill (S-129)--which has passed the Senate and is awaiting a 
House vote.
 
13. Federal Legal Corner: Denial of Reasonable Accommodation 
In Smith v. Henderson, 376 F.3d 529 (6th Cir. 2004), a federal 
court of appeals decided that the U.S. Postal Service 
discriminated against a customer service supervisor in 
violation of the Rehabilitation Act when it refused to honor 
a previously granted reasonable accommodation. When the USPS 
rescinded Mary Smith's medical restriction of working eight 
hours per day, 40 hours per week after her promotion to a 
supervisory position, she was forced to resign. The court 
concluded that because the USPS could foresee that rescission 
of the reasonable accommodation would exacerbate Ms. Smith's 
disability and make working conditions intolerable, the 
resignation was converted into a constructive discharge.
 
The Rehabilitation Act requires agencies to accommodate 
employees with known physical disabilities unless the 
accommodation imposes an undue hardship in the operation of 
the agency's business. An employee is entitled to a 
reasonable accommodation so long as the individual is 
qualified, meaning that the accommodation enables the 
employee to perform the essential functions of the job. 
 
Ms. Smith began her career with the USPS as a distribution 
clerk in 1979. In 1986, Ms. Smith notified the USPS that she 
suffered from rheumatoid arthritis, a condition that limited 
the mobility of her hands, legs, and feet. In 1997, under 
instructions from her physician, Ms. Smith requested an 
accommodation that limited her work schedule to 8 hour days, 
40 hour weeks. The USPS approved these work restrictions, 
thus granting Ms. Smith the accommodation. In 1998, area 
postmasters recommended Ms. Smith for a promotion to a 
customer service supervisor position.
 
Even though Ms. Smith's new supervisors discouraged her 
from accepting the customer service supervisor position 
because it required her to work more than 40 hours per 
week, she started work in March 1998. Two months after Ms. 
Smith began her supervisory position, she wrote a letter 
to her supervisors requesting permission to delegate 
financial accounting duties to a subordinate. Such a request 
would reduce Ms. Smith's work time to 40 hours per week, 
making her hours compatible with her medical restrictions. 
Ms. Smith believed this accommodation was reasonable because 
one of the responsible management officials had previously 
been permitted to delegate the same duties. Instead, Ms. 
Smith's supervisor responded by telling her that she was 
"now in a man's world" and accusing her of "always whining." 
Without the work time and delegation accommodations, Ms. 
Smith worked between 10 to 12 hours a day, 7 days a week. 
Ms. Smith was in constant pain and eventually became too 
exhausted to continue. She resigned and was approved for 
disability retirement.
 
The court of appeals determined that the USPS was already 
on notice that Ms. Smith required accommodations before she 
began work as a supervisor. When Ms. Smith's supervisors 
required her to work a schedule in contravention of her 
medical restrictions, the USPS, in effect, rescinded the 
accommodation granted in 1997. Additionally, the court 
found that Ms. Smith's letter to supervisors asking for 
permission to delegate financial accounting constituted a 
request for accommodation even though she did not use the 
word "accommodation" or "disability." The court declared 
that Ms. Smith's request to delegate was not an undue 
burden upon the USPS because other customer service 
supervisors had done so in the past, including one of the 
supervisors who refused the accommodation. Finally, because 
the USPS was on notice that denial of the accommodation 
would be intolerable to Ms. Smith, the court concluded that 
the USPS could foresee that Ms. Smith would be forced to 
resign to preserve her health.
 
Employees with disabilities previously working under medical 
restrictions are not required to relinquish reasonable 
accommodations after a promotion. To protect yourself, make 
sure your new supervisors are aware that you require 
accommodations. When requesting an accommodation due to a 
disability, first consult your agency's policy on 
accommodations and follow established procedures. Gather 
the necessary medical documentation, physician support, and 
submit forms or letters to the agency. For other 
information on how to request a reasonable accommodation, 
refer to prior Federal Legal Corner articles from September 
24, 2003, October 1, 2003, October 8, 2003, and October 
15, 2003.
 
** This information is provided by the attorneys at Passman 
& Kaplan, P.C., a law firm dedicated to the representation 
of federal employees worldwide. For more information on 
Passman & Kaplan, P.C., go to http://fedweek.sparklist.com/t/294933846/821888/301/0/ **
 
14. The Brand New In-Print 2005 CSRS & FERS Retirement Planning 
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What if? is a question we have heard time and again from 
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status (marriage, divorce, illness, outside work, leaving 
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I Have a Financial Emergency? 
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I'm Offered a Buyout to Leave Service? 
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My FEHB Claim Was Denied? 
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I Want To Change or Drop My Life Insurance Coverage? 
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I Become Eligible for Medicare? 
I Want to Name or Change Beneficiaries? 
I Leave Government Before Retirement Eligibility? 
I'm Offered Early Retirement? 
I Retire? 
I Don't Get My Annuity Payment On Time? 
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The 2005 CSRS & FERS Retirement Planning Guides
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Now in their seventh year of print (and over 500,000 sold), 
these CSRS and FERS Retirement Planning Guides truly help 
you fully understand your federal retirement. 
These planning guides simplify the retirement planning 
process, helping you calculate your annuity (with plenty of 
examples), warn you about possible reductions in your 
annuity, tell you how Social Security fits into the picture, 
and what to do about health and life insurance. In short, 
they contain everything you need to know to make your 
federal retirement a success. 
 
These 2005 CSRS & FERS Retirement Planning Guide are NOT
Dot.com downloads or government handouts or pamphlets, they are
In-print comprehensive and easy-to-understand planning guides
that were written and edited by our veteran-team of federal
retirement planning experts in the field. Here are some of the 
key features and updates that these 2005 retirement planning 
include:
 
A step by step guide to embarking on the retirement journey
 
A description of the new long-term care program, with 
explanations of potential traps for those close to retirement 
 
A quick reference guide to benefits your survivors would stand 
to receive on your death
 
A description of how Tricare-for-Life might replace FEHB as 
your health benefits provider
 
Details on how to carry retirement and other benefits into 
retirement and how you can change those benefits after retirement
 
An easy to follow guide to understanding annuity statements
 
How the new TSP investment, rollover, withdrawal and other 
rules will affect you before and after retirement
 
Latest information on COLA rates and policies, payments to 
survivors and other benefit rates
 
The latest information on Social Security benefit rates 
and eligibility rules
 
The latest information on FEGLI, FEHB, service crediting for 
retirement purposes and other vital retirement-related issues
 
ALSO IN THESE 2005 CSRS & FERS RETIREMENT PLANNING GUIDES:
How to calculate your annuity (with plenty of easy-to-follow
examples) 
Eligibility requirements 
Different retirement types (regular, early, deferred, special 
disability) 
Credit for military service 
Deposits and redeposits 
Cost of living adjustments 
The effect of divorce on annuities 
Social Security 
The Thrift Savings Plan 
Taking health and life insurance into retirement 
Annuity taxes 
Survivor benefits 
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Other Ways to Order:
You may also call our toll-free order line at (888) 333-9335 
to place your order for these retirement planning guides:
 
The 2005 CSRS Retirement Planning Guide
The 2005 FERS Retirement Planning Guide
 
Or you may also mail your order with payment of $13.95 
($9.95 plus $4.00 s&h) to: 
FEDweek P.O. Box 5519, Glen Allen, VA 23058.
 

Extra FREE Bonus
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