USDA Forest Service
Law Enforcement/Firefighter Retirement Determinations
Affidavits Needed for Your Individual
Claim for Past Service
Affidavits (or statements) are necessary when you are attempting to contradict your past
official position descriptions (PD) or you can't find your old PDs. Your past
position descriptions were the
official record of the work you were assigned. These PD's were certified
as accurate by your supervisor and used to
determine your past grade, pay, qualifications, retirement coverage, and
other employment matters. If your PDs are lost, you may be just getting
statements showing what you were doing. If the PDs are available and do not
prove that you were doing law enforcement/firefighter work, then you are now
attempting to contradict these
past official records.
An ideal statement:
-
Identifies the writer and the writer's relationship to the employee at the
time in question. A supervisor's statement is given the strongest weight
as evidence, second level supervisor's statements are next, then
management officials, coworkers, and so on.
- Provides exact dates of the writer's responsibility for the employee's work
or knowledge of the work.
- States the primary purpose of the position while occupied by this employee.
If the signer convinces me that irregardless of what the PD said, the main reason
you were hired was for purposes covered under firefighter/law enforcement work, then
we don't have to worry as much about how much time you spent doing what.
- Describes the FF/LE duties in detail for the times in question. Remember, not
all law enforcement duties are covered duties (i.e. protecting life and property).
Also, not all firefighting duties are covered duties (i.e. routine fire prevention).
- Describes the nonFF/LE duties for the times in question.
- Explains the percentage of the employee's time devoted to fire fighting or law
enforcement and to fire/law related duties (separately). An affidavit just
stating that you spent 50% of your time doing fire/law duties is not enough
because I don't know that the person signing the affidavit knows what qualifies
as fire or law duties for special retirement. Therefore, the signer of the
affidavit needs to explain each of the fire or law duties and what % of time
you spent doing them. It carries more weight when the statement can say that
you spent 65%, 70%, etc. of your time doing .... instead of "over 50% of your...
- For secondary administrative jobs, states whether fire fighting/law
enforcement experience was a prerequisite for the position in question. This means
that they could not hire someone who did not have fire experience. When fire
experience is something that was just "helpful", that does not count.
- For secondary supervisory jobs, states if supervising primary ff/le was the
primary duty of the position in question. In other words, was supervising
primary firefighters the main reason the position existed?
- Explains any disagreement with the official position description or with
any other
official record (title, series, grade, performance requirements, application
forms, etc.). Basically, explains why the PD did not say you were hired primarily
for firefighting or law enforcement.
- If the statement sounds like the signer knew you -- and was not just
saying "canned" items -- it makes for a better statement.
- Has a signature, the date signed, and a phone number
where the person signing the
statement can be reached if determining official
needs further information or clarification of claimant's duties.
Contact: Helga.Brown/wo@fs.fed.us
Modified: 4/28/99