How much will my disability retirement annuity be?
Generally speaking, your FERS disability retirement annuity will be 60% of your high-3 average salary minus 100% of your Social security benefit for the first 12 months. After 12 months, the FERS disability retirement annuity is reduced to 40% of your high-3 average salary minus 60% of your Social Security benefit. Please see the OPM Website for a chart that explains when this general computation might be different based on your specific scenario.
However, your FERS disability retirement annuity can be recomputed at two times:
1)If you were less than 62 years old when you began receiving your disability retirement benefits; and,
2)If you were less than 62 years old when you began receiving your disability retirement benefits, and were not eligible at that time for your optional retirement benefit, your annuity will be recomputed after you have been retired fro 12 months and when you reach age 62.
In the first scenario, your annuity will be recomputed to be 40% of your high-3 minus 60% of your monthly Social Security benefits.You will also be entitled to elect your earned annuity (optional retirement) if it is larger than your disability annuity.
In the second scenario, please read the OPM website for more information about how your annuity will be recomputed.
If you believe that OPM has improperly computed or reduced your disability annuity, your optional retirement annuity, or any survivor annuity, you may have an MSPB appeal right. Please contact an MSPB attorney at the Law Office of Eric L. Pines, PLLC, to schedule a telephone consultation.
It is best to consult with a lawyer familiar with Merit Systems Protection Board (MSPB) appeals to discuss the facts and law of your particular case.