Age limits and retirement.

[Patrio72]

I am trying to make sense of the federal retirement system. I am over 37 and have applied for BP, USSS UD, and ICE IEA.

Border Patrol
Federal Law Enforcement Retirement Coverage (12(d)) - Border Patrol Agents are covered under the provisions of both the Federal Employees Retirement System (FERS) and Title 5 USC 8412(d) (commonly known as the “12(d)”) law enforcement retirement benefit. Law enforcement employees may voluntarily retire at any age after completing 25 years of service or at age 50 or older with 20 years of service. The mandatory retirement age is 57 with 20 years of service, however, employees could work beyond 57 until they meet the combination of age and service requirements to retire under law enforcement provisions.

IEA
Age Requirement: In accordance with Public Law 100-238, this position is covered under law enforcement retirement provisions; therefore, candidates must be referred for an IEA position before reaching their 40th birthday unless they presently serve or have previously served in a Federal civilian law enforcement position.

USSS
Be between the ages of 21 and less than 40 at the time of appointment (unless you have previous service in a Federal Civilian Law Enforcement position covered by special civil service retirement provisions, including early or mandatory retirement or are a veteran.

1) Are Public Law 100-238 and Title 5 USC 8412(d) the same?
2) Lets say I was hired by BP, ICE, or the USSS, could I apply and be considered for jobs that cite 100-238 or 12d?
3) My sense is that it really depends on the agency. For example, could I apply for the USDA Law Enforcement Officer and use my time in as a BPA or IEA as qualifying experience? The posting states: "LAW ENFORCEMENT RETIREMENT COVERAGE: This is a primary law enforcement position under the provisions of 5 USC 8336(c) (CSRS) and 8412(d) (FERS). Applicants must be under age 37. Applicants who are age 37 or over may subtract any of their prior federal service that is in approved primary/rigorous positions and that is creditable for retirement from their current age to meet this age requirement. Applicants must provide proof of this creditable service prior to appointment."

Thanks for any input.

[kc12]

1)Without actually looking PL 100-238 up, I'm going to guess that is the law that extended 12(d) coverage to IEA's.
2)Maybe. 12(d) actually has a mandatory retirement age of 57 years old. That makes the mandatory hiring age 36. A waiver can be applied by any agency up to 40 years old. If you are over 36 years old when you are hired you can only transfer to another agency that will grant you an age waiver or already has one in place.
3)The law only stipulates that you must complete 25 years service or 20 years and be 50 years old by the time you reach 57 years old (without a waiver) in a position covered by 12(d) or the older 6(c) retirement. You may stay longer if you were granted a waiver when hired. So if you completed 10 years with BP, 3 years with CBP, 2 years with USFS, and 10 more years with USSS, then you meet the requirement. If you attempt to transfer from one covered position to another and you are over 37 years old, then all your time served is subtracted from your age. If in the above example you hired on with BP when you were 29 years old. You served 10 years applied to CBP/OFO. Your current age is 39, but because you subtract the time served your "hiring age" would be 29 and you would still be eligible.

[Johnnylawman38]

I am currently in the process for ICE SA, I will be in the next round of interviews. I am currently 36 and will turn 37 in April 2011. I inquired with DSC about what happens if I am not hired or given a TO (tentative offer) by the time I am 37. They stated as long as I was in the process at age 36 I am good to go. I was shocked and happy to hear that answer. From reading this board many were stating I had to have a TO or have an EOD (entrance on duty) date otherwise I did not qualify.

I know that is what DSC has told me but for some reason I still question it because of what people on this board have stated. Does anyone know that answer on this for sure?

[Patrio72]

Thank you for the response. I can always contact the agency and ask if they grant waivers for a BPA/USSS US/ICE IEA who was hired after having turned 37.

[Scout0315]

The head of any federal agency has the authority (under federal statute) to determine the age limit of entry of its law enforcement officers. All retirement provisions state mandatory retirement at 57 unless you don’t have 20 years of covered service, then you get to serve until the end of the month following 20 years of service regardless of age (over 57).
I became a SA at age 42, I will retire at 62. (VEOA)
Current statues allow the head of agency to waive mandatory retirement until age 61.

[mikewhitlow]

Johnny and Scout, you have both given me some great news and sincerly I thank you both.. I'm 36 now and will be 37 in February 2011. I have my app in for several 1811s right now.

[kc12]

I know that is what DSC has told me but for some reason I still question it because of what people on this board have stated. Does anyone know that answer on this for sure?

Sure the definite answer is maybe. It all depends on the agency and what they are willing to do (that is probably why you keep hearing conflicting answers). Each agency has the authority to provide a waiver to the hiring age (retirement age actually) of up to 40 years old (61 years old at mandatory retirement), but they don't have to. My agency has in the recent past not allowed anybody who applied after we receive 12(d) to be over 37 when they EOD. Of course if you have veterans preference you don't need the age waiver provided by the agency, as you have one provided by Congress written into the statutes and backed up by an MSPB ruling and OPM guidance.

[Johnnylawman38]

Sure the definite answer is maybe. It all depends on the agency and what they are willing to do (that is probably why you keep hearing conflicting answers). Each agency has the authority to provide a waiver to the hiring age (retirement age actually) of up to 40 years old (61 years old at mandatory retirement), but they don't have to. My agency has in the recent past not allowed anybody who applied after we receive 12(d) to be over 37 when they EOD. Of course if you have veterans preference you don't need the age waiver provided by the agency, as you have one provided by Congress written into the statutes and backed up by an MSPB ruling and OPM guidance.

What agency do you work for?

[Johnnylawman38]

The head of any federal agency has the authority (under federal statute) to determine the age limit of entry of its law enforcement officers. All retirement provisions state mandatory retirement at 57 unless you don’t have 20 years of covered service, then you get to serve until the end of the month following 20 years of service regardless of age (over 57).
I became a SA at age 42, I will retire at 62. (VEOA)
Current statues allow the head of agency to waive mandatory retirement until age 61.

Scout......were you prior FLE before being hired at an 1811? Are you a veteran? These would factor in why you were hired as 1811 at age 42. Thanks.

[Johnnylawman38]

Johnny and Scout, you have both given me some great news and sincerly I thank you both.. I'm 36 now and will be 37 in February 2011. I have my app in for several 1811s right now.

How far along are you in the processes? The email I received from DSC stated that once you are "referred for selection" you are good to go. The email went on to state that once I entered the process that I was considered "referred for selection". Now this is for ICE Special Agent, I dont know about other agencies. Here is the emails I received:

Mr. XXXX,

Provisions of Public Law 93-950 and Public Law 100-238 allow the imposition of a maximum age for initial appointment to a Special Agent position with the Immigration and Customs Enforcement. The date immediately preceding an applicant’s 37th birthday is the last date for original appointment to a position as a law enforcement officer as defined in 5 U.S.C. 8331(20) or in 5 U.S.C. 8401(17). Candidates will be considered eligible if they have not attained age 37 at the time of referral for selection. This age restriction may not apply to those individuals who are preference-eligible veterans or have previously served in a Federal civilian (not military) law enforcement position covered by Title 5 U.S.C. 8336(c) or Title 5 U.S.C. 8412(d).

Mr. XXXXX,

I have sent you both emails. I apologize for using the phrase tentative offer as that is not what I mean to say. When you apply for the job and submit your application you are referred for selection. When the vacancy announcement closes (in this case on June 22, 2009) you have to be less than 37 years old. As long as you are not 37 and over at that point you are fine. I have had applicants that applied under the Minneapolis Hiring Center and some were in the process 3+ years and they were over 37 when they accepted a job.



Thank you,



DSC

[kc12]

What agency do you work for?

I work for CBP. We were granted 12(d) retirement effective 8 July 2008. The very next announcement stated the applicant must be under 37 years of age when they EOD while those who applied under previous applications did not have a max age due to grandfathering. I think there was a second announcement after 12(d) came out that changed it to include the vet waiver, but I can't be sure because I don't really follow the announcements any longer.

[Scout0315]

Scout......were you prior FLE before being hired at an 1811? Are you a veteran? These would factor in why you were hired as 1811 at age 42. Thanks.

I am a veteran hence VEOA in my explanation. VEOA stands for Veterans Employment Opportunity Act.

[Goldismoney]

Diplomatic Security Same problem

Hey Guys,

Awesome thread, i have a similar problem, but with DS. I passed the test, Was offered a conditional offer of appointment, received my Medical clearance, and now waiting for the TS/SCI. however, they don't think they'll finish before my 37 birthday, which is in April. The lat class before my birthday is March.

The awful thing is that, as a former Peace Corps Volunteer, I get two years toward federal retirement.

http://www.peacecorps.gov/index.cfm?shell=resources.returned.benefits.fedretire

However, I have to be in the agency first for the rule to apply. i could just die!!!!!!! So technically, i only have to work 18 years before I retire, if I use my Peace Corps time. So the whole 37 year old things doesn't really apply to me.

Does anyone have any advice for me and Diplomatic Security. I wish they would move the age limit to 40. crap!

Someone please share some wisdom. Does any of the infofrom this thread so far apply to me. is there anyone I can write or see about this issue.

[jb74]

The awful thing is that, as a former Peace Corps Volunteer, I get two years toward federal retirement.

Although you would get 2 years towards retirement you still need the 20 years at 1.7% for FSRS until you can retire. You would work 20 years for DS then retire with 22 years of service. I have 6 years (5 Army, 1 DOD civilian) but I still need to do 20 for DS then retire with 26 years of service.