Status of OPM decision to give exes a part of FERS Annuity Supplement

1
0

In 2016, OPM arbitrarily awarded ex-spouses an apportionment of a retiree’s FERS Special Retirement Supplement. OIG advised them against that policy, but OPM persists, even awarding retroactive payments. At least one judge (Kasic) has ruled in favor of a retiree, but then the trail goes cold. Does anyone know the status of any litigation/class action suit?

Blocked by moderator
Posted by (Questions: 1, Answers: 2)
Asked on January 14, 2019 5:41 pm
800 views
1
Private answer

Good question. The last we heard was the IG report and a letter from the Federal Law Enforcement Officers Association requesting that the policy be reversed:
https://www.fedweek.com/retirement-financial-planning/opm-asked-to-reverse-divorce-settlements-policy-change/

Blocked by moderator
Posted by (Questions: 12, Answers: 19)
Answered on January 14, 2019 8:43 pm
( at September 12, 2019 12:06 am)
1
Private answer

That is the case I referenced that Judge Kasic decided.

Blocked by moderator
Posted by (Questions: 1, Answers: 2)
Answered on September 12, 2019 1:26 am

That case dec 2018. Any updates more recent?

( at September 26, 2019 2:51 pm)
1
Private answer

This case and ruling by Judge Kasic is currently under appeal by OPM via the MSPB process. Until a quorum is established in the hierarchy of the MSPB, this will continue to drag on. FLEOA, under their leadership has sued the OPM in Federal court. Rumors abound that the OPM is settling individual cases and making amends to the aggrieved members of FLEOA damaged by this folly. The individual cases outside the FLEOA lawsuit are still pending. MSPB and its process will allow damages if so ruled upon and are expected.

Blocked by moderator
Posted by (Questions: 0, Answers: 1)
Answered on October 19, 2019 5:22 am

Capt. Ron – Thanks for your answer here.
In Dec 2016, I filed a waiver request with OPM objecting to the alleged annuity supplement overpayment, and repayment being applied to my annuity benefits. I have just received a letter from OPM dated Oct 7, 2019, saying they will take no action to collect overpayment from me until after a final resolution has been reached. They also say they will refund the previously collected installments of over $7000.00. Of course, I’m happy about this. But when will this refund be sent to me? And how will it be sent? No additional information was included in the letter. Can you help me understand better? or direct me to where I can find these answers? Thank you

( at October 19, 2019 8:55 pm)
0
Private answer

Capt. Ron – Thanks for your answer here.
In Dec 2016, I filed a waiver request with OPM objecting to the alleged annuity supplement overpayment, and repayment being applied to my annuity benefits. I have just received a letter from OPM dated Oct 7, 2019, saying they will take no action to collect overpayment from me until after a final resolution has been reached. They also say they will refund the previously collected installments of over $7000.00. Of course, I’m happy about this. But when will this refund be sent to me? And how will it be sent? No additional information was included in the letter. Can you help me understand better? or direct me to where I can find these answers? Thank you

Blocked by moderator
Posted by (Questions: 0, Answers: 4)
Answered on October 19, 2019 8:57 pm
1
Private answer

I just emailed OPM asking them to provide instructions for filing the waiver and refund request you mentioned. While I wait, can you provide any insight into how you did that? Thanks

Blocked by moderator
Posted by (Questions: 1, Answers: 2)
Answered on October 24, 2019 9:37 pm

Thank you for emailing OPM for further instructions. How did I do that? Do you mean how did I get them to stop deducting RAS back pay? And to say they will send me a refund of all back pay they have taken so far?
Backround. I had no advance notice of OPM’s decision to give RAS money to former spouse, and it hurt even more when they began taking money out for alleged overpayment of RAS. All without any warning or notice. Sometime around November 2016, I received a letter from OPM with instructions about how to file an appeal and a deadline. This may have been in response to my own phone call or letter to them, but I cannot remember at this point. I filled out the form and provided a detailed defense of how wrong for OPM to take money from my RAS for something totally unrelated to me, and not in any way due to any wrongdoing on my part, etc, etc. I did my best acting Attorney type legal arguments. I think I may have had to notarize it. I sent it back certified mail by the Dec 2016 deadline. I thought my arguments were good.
But after that, I heard absolutely NOTHING for almost 3 years. I had given up hope due to no response. I figured there was nothing I could do. Then, a few weeks ago, I got the OPM letter saying they would stop deducting alleged RAS overpayment monthly, and also, that they would refund ALL they have taken during the past 3 years. I was shocked but happy too. I began searching online and found your own posts here at Fedweek, as well as some other information on the FLEOA site. I don’t know if my appeal letter was effective, or if this is happening because the lawsuit filed by FLEOA has been successful. It appears it has.
My next retirement check projection shows the RAS backpay will now stop being deducted. (or will be with my pay on Nov 1). But I have no info about how or when the refund will come to me.
I am anxious to know what you hear back on this and thank you very much for your followup. Is there someone at OPM that I can also contact about this matter?

( at October 25, 2019 9:12 pm)
0
Private answer

Thank you for emailing OPM for further instructions. How did I do that? Do you mean how did I get them to stop deducting RAS back pay? And to say they will send me a refund of all back pay they have taken so far?
Backround. I had no advance notice of OPM’s decision to give RAS money to former spouse, and it hurt even more when they began taking money out for alleged overpayment of RAS. All without any warning or notice. Sometime around November 2016, I received a letter from OPM with instructions about how to file an appeal and a deadline. This may have been in response to my own phone call or letter to them, but I cannot remember at this point. I filled out the form and provided a detailed defense of how wrong for OPM to take money from my RAS for something totally unrelated to me, and not in any way due to any wrongdoing on my part, etc, etc. I did my best acting Attorney type legal arguments. I think I may have had to notarize it. I sent it back certified mail by the Dec 2016 deadline. I thought my arguments were good.
But after that, I heard absolutely NOTHING for almost 3 years. I had given up hope due to no response. I figured there was nothing I could do. Then, a few weeks ago, I got the OPM letter saying they would stop deducting alleged RAS overpayment monthly, and also, that they would refund ALL they have taken during the past 3 years. I was shocked but happy too. I began searching online and found your own posts here at Fedweek, as well as some other information on the FLEOA site. I don’t know if my appeal letter was effective, or if this is happening because the lawsuit filed by FLEOA has been successful. It appears it has.
My next retirement check projection shows the RAS backpay will now stop being deducted. (or will be with my pay on Nov 1). But I have no info about how or when the refund will come to me.
I am anxious to know what you hear back on this and thank you very much for your followup. Is there someone at OPM that I can also contact about this matter?

Blocked by moderator
Posted by (Questions: 0, Answers: 4)
Answered on October 25, 2019 6:30 pm