FERS SPECIAL RETIREMENT FOR SPS OFFICERS

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06560718
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 6
• Document Creation Date: March 8, 2023
• Document Release Date: February 11, 2019
• Case Number: F-2015-01565
• Publication Date: November 24, 2009

Approved for Release: 2019/02/01 C06560718
UNCLA
US Classification/Mon USIISCR/CodewordUFG1t/Dissem Controls/Mon-Intent/Declass (as appropriate)
USL. ONLY
EXECUTIVE CORRESPONDENCE CORRESPONDENCE ROUTING SHEET
1. Origination Office
Director of Security
2. Date
11/24/2009
3. FROM:
Name
Room No. and Building
Phone
Charles S. Phalen, Jr.
OHS
4. Subject
(UHFOU0) Limitation of Scope of Eligibility for FERS Special Retirement for SPS Officers
5, Originating Office Control #
5a. Response to DAC # (Originating Office to Complete)
5b. DAC Control # (040 use Only)
6. Justification / Summary (Required for Immediate and Priority Actions)
Routine
X
Priority,
Immediate
,
7. Coordination
Coordinated through
.
OGC/Legal and OGC/ALD
NOTE: All correspondence sent to 0/CIA must be sent via ADD/CIA and DD/CIA
DATE IN
ROUTE TO
ACTION
(Check a Box)
NONCONCUR REASON
DATE OUT
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Return for copies and distribution.
Helen please ensure the DS/FO receives
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a copy of the final signed memo.
Thanks. dp
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SIGNATURE
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DECL ON:
ORV FROM:
Approved for Release: 2019/02/01 C06560718
Approved for Release: 2019/02/01 C06560718
UNCLASSIFIED//FOR OFFICIAL USE ONLY
NOV 2 4 2009
MEMORANDUM FOR: Associate Deputy Director
VIA: Director for Support
FROM: Charles S. Phalen, Jr.
Director of Security
SUBJECT:
REFERENCE:
(U//FOU0) Limitation of Scope of
Eligibility for FERS Special Retirement
for SPS Officers
(U//FOU0) Memo from DS to ADD/CIA
dtd. 15 Jan. 08, "Permitting
Security Protective Officers to Retire
after 20 Years under FER Special"
1. (U//FOU0) Action Requested: That you approve an
express limitation to the scope of the initiative approved
in Reference, which will restrict the eligibility for FERS
Special retirement to officers serving in the Security
Protective Service (SPS) on or after 1 June 2008. This
action will conform to the consistently expressed intent by
the Office of Security (OS) during the inception, review and
internal coordination of this initiative that the FERS
Special retirement program be used to promote the recruitment
and retention of SPS officers, not to serve as a mechanism
for FERS Special eligibility for former SPS officers.
2. (U//FOU0) Background: As OS began taking steps to
implement FERS Special retirement benefits for SPS officers
after the ADD/CIA approved this initiative pursuant to 50
U.S.C. �� 2152(a) and 2113, questions arose concerning the
potential eligibility of former SPS officers for FERS Special
retirement benefits; that is, whether those officers who
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Approved for Release: 2019/02/01 C06560718
Approved for Release: 2019/02/01 C06560718
UNCLASSIFIED//FOR OFFICIAL USE ONLY
SUBJECT: (UHFOU0) Limitation of Scope of Eligibility
for FERS Special Retirement for SPS Officers
served for a period of time in the SPS but left prior to
1 June 2008, either to other positions within OS, the CIA,
or who have resigned from the CIA, are eligible. When
considering this issue, and after consultation with the
Office of General Counsel (OGC), it became clear that the
referenced approval memo unintentionally is not sufficiently
precise on this point. In fact, OGC has advised that the
approval memo must be read by its terms to include former
SPS officers within the ambit of FERS Special retirement
eligibility.
3. (U//FOU0) Consistent with a statutory requirement
for FERS Special retirement eligibility, OS intended that
FERS Special retirement benefits be used as a retention
tool for SPS officers. OS recognized early in the planning
phase of this initiative that this purpose was not served
by including former SPS officers within the scope of this
program. As a result, OS consistently undertook to frame the
program in that context. For example, OS informed former SPS
officers still serving in OS that they were not included
within the scope of the retirement program. In addition,
the initial costing information that was determined with
the assistance of the Chief Financial Officer, and included
within the referenced approval memorandum and in the
associated Congressional Notification, was limited to costs
associated with currently serving SPS officers.
4. (U//FOU0) If former SPS officers are considered to
be eligible for FERS Special retirement, not only will the
'purpose of this initiative not be effectively served, there
will be significant unintended financial implications for the
Agency, not just OS. Many former SPS officers continue to
serve throughout the Agency. And under traditional FERS
Special funding procedures, the component that houses the
future retiree is responsible for funding the government's
contribution to the FERS Special annuity. We estimate those
costs to be in excess of within the next two
years, for OS alone.
2
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Approved for Release: 2019/02/01 C06560718
Approved for Release: 2019/02/01 C06560718
UNCLASSIFIED//FOR OFFICIAL USE ONLY
SUBJECT: (UHFOUO) Limitation of Scope of Eligibility
for FERS Special Retirement for SPS Officers
5. (U//FOU0) OGC has advised that it is within your
authority to limit SPS FERS Special eligibility as requested.
The authority for the initiation and scope of programs
describing FERS Special eligibility is discretionary in
nature, so long as those decisions have a rational basis and
are not arbitrary and capricious. The consistent record in
this case of the stated purpose of FERS Special eligibility
for SPS officers to enhance the recruitment and retention of
those officers, as well as the avoidance of significant
unintended costs for the Agency that do not address the core
intent of this initiative, provides such a rational basis.
Since 1 October 2008, the positive impact of this program has
been illustrated with attrition of officers thus far
in FY09 and for FY08, as contrasted with officers
in FY06 and in FY07.
6. (U//FOU0) Recommendation: That you approve the
limitation of SPS FERS Special retirement eligibility to
officers serving in the SPS on or after 1 June 2008.
Charles S. Phaien, Jr.
3
UNCLASSIFIED//FOR OFFICIAL USE ONLY
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Approved for Release: 2019/02/01 C06560718
IJITCLz4. -IFIEDHFOR OFFICIAL USE
SUBJECT: (U//FOU0) Limitation of Scope of Eligibility
for FERS Special Retirement for SPS Officers
CONCUR:
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ctor for upport Date
APPROVE:
,--gssociate Deputy Director Date
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4
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Approved for Release: 2019/02/01 C06560718
Approved for Release: 2019/02/01 C06560718
UNCLASSIFIED//FOR OFFICIAL USE ONLY
SUBJECT: (U//FOU0) Limitation of Scope of Eligibility
for FERS Special Retirement for SPS Officers
D/OS/CPhalen:
(28 Oct 09)
Sec/ppg/fo/psg_p/SPS PERS Special 2 - Clarification
Distribution:
Orig - Addressee
1 - DAC
1 - DS/FO
1 - PPG/FO
5
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Approved for Release: 2019/02/01 006560718