USDA Forest Service

Law Enforcement/Firefighter Retirement Determinations


This information is written for former Forest Service employees who want to get firefighter/law enforcement (ff/le) retirement coverage for past Forest Service positions

TABLE OF CONTENTS


PROVING YOUR PAST POSITION DESCRIPTIONS WERE COVERED:
In a perfect world, your former Forest Service personnel office would have made sure that if any of your past time was in covered positions that an up-to-date Summary of Work Experience (SWE) was included in your Official Personnel Folder (OPF) when they mailed it to your new agency. An SWE shows which of your past positions had been matched to a covered law enforcement/firefighter position.

However, we don't live in a perfect world. So, your OPF may not have included an SWE, or it may have an SWE that was incomplete. If you believe that your past positions descriptions could to be matched to a covered position, you may request your former personnel office (or Helga Brown in the WO) to send you a letter regarding coverage of those positions. There is no timeliness issue in these cases.

Include in your request the following:

What do you do if your old PDs are not in your OPF and you did not keep copies? If you are really lucky, your SF-50s will show that you were in a standard position description (not one written uniquely just for you) and if your luck continues, I will have a copy of the standard PD. (The Forest Service uses more "unique" PDs than "standard" PDs.) If I happen to have a copy of your standard PD, then I can see if it can be matched to an already approved position.

If you were in a unique PD (not a standard one) and you cannot send me a copy of your PD, then we have nothing on which to base a ruling. In those cases, you will have to submit a claim for an individual ruling for the times in question.


INDIVIDUAL RULINGS:
Former employees may request an individual ruling to see if their former work with the Forest Service can be creditable under the special retirement provisions for law enforcement officers and firefighters.

This individual ruling is necessary when

This individual service credit determination affects only the individual making the request. It does not constitute a retroactive position determination that would convey coverage to all eligible persons holding the same position of record. For example Felzien, Perske, and Pate were individual rulings.

If you want to request an individual ruling for law enforcement or firefighter coverage of past service you must submit your claim in writing to Helga Brown, HRM; USDA Forest Service; 1601 N Kent Street, Rm 600 RPC, Arlington, VA 22209.p> Be sure to include in your request which positions need a coverage determination.


If you haven't already read the information on important items to keep in mind when deciding to pursue this claim, please do it now.



There are two important subjects to cover when submitting your request for an individual ruling:

TIMELINESS:
Current OPM regulations say that for service under CSRS, only the 12 months prior to receipt of the claim can be approved, unless the employee can show that circumstances beyond his or her control prevented making the claim earlier. For service after 1986 to be credited under FERS, the employee has only 6 months after entering a noncovered position to request that it be covered, unless the employee can show that he or she did not know the position was not covered, or was prevented by circumstances beyond his/her control from filing a claim earlier.

Prior to October 1989, there was no regulation on timeliness. During 1989 the Forest Service Washington Office sent many letters to all Forest Service employees warning them that they only had until September 30, 1989 to submit their past service claim to their servicing personnel office.

If you did not get your request in before the 9/30/89 deadline, you need to explain why your claim should be accepted late. If you did get your request in by the deadline, submit proof of your timely request.

EVIDENCE:
Your written request should list the dates for which you are claiming past coverage.

Include the following in your request:


Contact: Helga.Brown/wo@fs.fed.us
Last Modified: 4/28/99