What to do about incorrect annuity

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I retired November 2017. I never received interim payments and my back pay and annuity are incorrect. I contacted OPM who denied any errors even though I sent substantial proof. I contacted my congressman who got nowhere and at their instruction contacted my senator. It’s been 6 weeks with no response. How can I get this fixed?

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Asked on February 14, 2019 9:09 pm
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You should continue to contact the OPM claims processor who processed your case and ask him/her explain exactly how your annuity was calculated. Since you have your Senator involved, you might want to continue to follow-up with their office to see where they are in the process. Have you provided documentation showing where you claim OPM has calculated your annuity incorrectly and how did they prove their computation was the correct one.

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Answered on February 15, 2019 3:04 pm
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I followed up with the Senator’s office earlier this week. They said the shutdown delayed the processing of their inquiry.
I provided extensive documentation to OPM, the Congressman and Senator. In the last response from OPM, they are not addressing the retroactive payment at all and insist that the calculation of my annuity and the extra service credit is correct. I sent them ALL my payment records from OWCP with all the hours totalled. I did all the math. They did not respond to that either.

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Answered on February 15, 2019 4:02 pm
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I followed up with the Senator’s office earlier this week. They said the shutdown delayed the processing of their inquiry.
I provided extensive documentation to OPM, the Congressman and Senator. In the last response from OPM, they are not addressing the retroactive payment at all and insist that the calculation of my annuity and the extra service credit is correct. I sent them ALL my payment records from OWCP with all the hours totalled. I did all the math. They did not respond to that either.

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Answered on February 15, 2019 4:02 pm
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OK, let’s give the Senator’s office that although they weren’t furloughed and I don’t believe OPM was either. You mention OWCP, you do understand OWCP does not count as creditable service unless you were still in the agency rolls.

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Answered on February 15, 2019 4:16 pm
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I was told that the part of opm that the senators contact were not working. As far as owcp, I was on the roles while collecting and am entitled to the 1% enhanced annuity.

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Answered on February 16, 2019 3:00 am
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It is impossible to provide specific guidance without knowing an entire situation. However, here is some generic information which might apply to your situation. Benefit Administrator Letter 204-105, https://www.opm.gov/retirement-services/publications-forms/benefits-administration-letters/2004/04-105.pdf provides guidance on this topic.
Since you state you were on the agency rolls while collecting OWCP, the above linked BAL states “A FERS employee who receives OWCP benefits during qualifying periods of absence is eligible for the enhanced annuity computation if the sum of all qualifying periods of absence totals 2 months or more. An employee’s qualifying periods of absence include:
• A period of leave without pay (LWOP) while the employee is performing no work and is receiving OWCP benefits.
• A period of separation from service while receiving OWCP benefits, if the former employee is later reinstated in Federal service and earns title to a FERS annuity.
• A period of retirement while receiving OWCP benefits in lieu of annuity payments, if the annuitant is later reemployed in the Federal service and earns title to a new FERS annuity.”
The enhanced formula does not apply to the FERS disability annuity computed using 60 percent or 40 percent of the high-3 average salary.
“To ensure accurate processing of claims until OPM can revise the standard form 3107-1, FERS retirement application, the human resource office must document OWCP time under the Certified Summary of Federal Service, section B of the retirement application. Make a separate entry for each qualifying period of absence when the employee received OWCP benefits that is documented in the employee’s Official Personnel Folder (OPF) and reference P.L. 108-92. Please also note any additional OWCP time the employee may claim that is not verified in the OPF. OPM will verify the OWCP time when it receives the retirement package.” Make certain your Certified Summary of Service documented your OWCP time while still on the agency rolls.

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Answered on February 16, 2019 12:34 pm
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I sent the Benefits Administration Letter with my documentation to OPM with a printout from OWCP showing all the hours I received. My Agency did not show all the time I was receiving compensation. When I spoke to OPM I was told they would verify the time with OWCP. I don’t believe they did. I was in a limited duty and then permanent rehab job after being injured in 1992. From April 1999 until regular retirement (constructive discharge) in November 2017, my hours were reduced to 6 a day due to my OJI. In addition, I was with the post office and was being discriminated against. During the NRP, my hours were reduced to 2 a day for approximately 1 1/2 years. I was put back to my 6 hours a day for a little more than a year. In 2013, they took away the rehab position and moved me from 1 job to another, each in a different location , with several periods of NWA in between. Each NWA period was just under 6 months, so I did not lose any service time. I had a total of just over 2 years LWOP/IOD. I was only given $23 a month for my extra service credit.
They have also ignored my request for my retroactive pay to be corrected. I should have received 3 months of annuity + supplement payments. I received less than 2 months. It was not even addressed.

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Answered on February 16, 2019 1:53 pm
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Thank you for the additional information, however it still is insufficient to provide a specific response. If you were placed in a part-time position, for retirement purposes working 2 hours per day and receiving compensation for the rest of the day, counts as a full day for eligibility but not for computation. If you retired on a voluntary retirement, you retirement commencement date will be the first day of the following calendar month, meaning if you retired, for example, May 5, there would be no annuity until June 1 and the payment for June is paid in July. Possibly that could explain why you only received 2 not 3 months of back pay.

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Answered on February 16, 2019 2:52 pm
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What I need to know is how do I get OPM to make the corrections? Who can help resolve this?

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Answered on February 16, 2019 3:10 pm
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At this point it would be best to wait until your Senator receives a response since you have no success getting OPM to respond. OPM should provide you with detailed information on how the annuity was calculated. Make sure your Senator’s office requests that in writing. You can always continue to reach out to the individual at OPM who processed your retirment, you should have their name and number, for those details. If they continue to refuse, ask for their supervisor.

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Answered on February 16, 2019 3:25 pm
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Another question for you, does the estimate provided by your agency match what OPM calculated for you or what you feel you should receive?

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Answered on February 16, 2019 3:27 pm
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It was close and seems correct. It’s the extra service credit and back pay that are the issue. The agency put in my separation for retirement and briefly reinstated me (no pay involved) to supposedly correct the owcp info. My retirement date was not changed. It’s possible that’s part of the problem. I received a letter from OPM saying I would receive 3 months of supplemental payments, with a dollar amount. There was a date that was whited out and handwritten over it. The payment was never made.

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Answered on February 16, 2019 4:06 pm
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I was not given a number for the person who processed my retirement at OPM and have been unable to contact them. I did write them and sent extensive documentation. They did send calculations which look to be correct but not for the extra service credit. Their response each time is that everything is correct, but it’s not. My retirement date was 11/30/2017.

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Answered on February 16, 2019 4:13 pm
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Two things, if you can prove you never received a deposit OPM claims they sent you, that is an issue with OPM, but again, since your Senator is involved, make sure they address that issue. And in an earlier post you state you did the math and sent them all the hours. For the enhanced computation, it only includes days were no pay was received, not hours. Meaning if there were days that you worked 2 hours and received compensation for the rest of that day, that would not count towards the enhanced computation. Just trying to piece this together with what information has been provided.

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Answered on February 16, 2019 7:01 pm
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I had been told by someone that the partial days counted toward the enhanced annuity.

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Answered on February 16, 2019 7:29 pm
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When I called OPM they claimed to know nothing about the letter or the payment it claimed I was due. When I did receive retroactive pay, it included less than 2 months for both annuity and supplement.

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Answered on February 16, 2019 7:31 pm
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If you read the BAL carefully it is clear when it says period of LWOP and performing no work while receiving OWCP. Interim pay does not include the FERS retiree supplement. The supplement is paid after the annuity has been finalized and the first real annuity check has been paid.

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Answered on February 16, 2019 8:02 pm
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I did not receive any interim payments. Once opm figured my annuity and supplement, they processed a retroactive payment. It should have been for 3 months but the gross payment was less than 2 months. I only received the 1 retroactive payment.

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Answered on February 16, 2019 8:27 pm
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At this point I am not sure I can assist you any further. I hope this gets resolved through your congressional representative. Good luck.

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Answered on February 16, 2019 9:00 pm
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Thank you.

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Answered on February 16, 2019 9:09 pm