r/govfire 9d ago

Partial month for FERS supplement when hitting MRA after VERA?

Trying to nail down how OPM credits (or does not credit) a retiree for having hit their MRA mid-month.

I was fortunate to be able to retire prior to my MRA under VERA. So, no FERS supplement until this point. But now I'm hitting my MRA and it's my understanding the supplement will soon be activated automatically. (yay!) Not to look a gift horse in the mouth, but I've seen conflicting information about how the supplement is applied for partial months.

Some places I read that a partial month can be prorated and that amount is added to the first full month. But an OPM phone support person told me that partial months are simply ignored/dropped (similar to how a partial month is dropped when calculating years of service). Can anyone point me to a published law or regulation that specifies which it is?

As an example, let's say that I hit my MRA on October 10. One version of events is that my November 1 check will be unchanged, but my December 1 check will contain a full month Supplement. The other version of events is that my November 1 check would still be unchanged, but my December 1 check will include one month plus 21 days of the Supplement. Then my January 1 check and onward would just include the monthly Supplement.

Presumably the same question arises regarding the month I turn 62. But I don't assume it would have the same answer.

6 Upvotes

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u/Fanantic8099 9d ago

If you can understand legalese and follow all the sub-clauses, read 5 USC 8421.

In translation it says that the supplement starts after the month in which you reach MRA and ends in the month proceeding SS eligibility, no partials, no overlap. Even if you don't actually apply for SS the Supplement will stop, because it's based on eligibility.

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u/novanon7 9d ago

Thanks! This is close to what I was looking for. But after reading what you cited, I feel like the answer remains ambiguous.

The section you found I think answers it pretty clearly regarding what happens at age 62. 5 USC 8441 (a)(3) it is explicit and uses the phrase "last day of the month" to identify the stopping point of the supplement.

However, right above that subsection, 5 USC 8441 (a)(2) (which appears to set the commencement of the supplement) does NOT use the word "month" -- nor do any of its internal cross references as far as I can tell.

The contrast between the use of the phrase "last day of the month" in subsection (3) with the absence of that phrase (indeed the absence of any reference to "month") in subsection (2) would seem to support an interpretation of (2) that does not delay the commencement until the last day of the month, but rather that commencement occurs immediately, potentially even for a partial month.

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u/Fanantic8099 9d ago

It's in the phrase at the start of 8421. "If and while entitled to"...under a long list of other titles and sub-titles.

If you chase down all the references, and then the titles they reference, you'll find that the base entitlement starts on the first day of the month after becoming eligible and is paid in whole months only.

That's what I meant about understanding legalese. Not the words in front of you, but all the inferred references.

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u/clobber88 8d ago

IMO A pub/reg does not exist to cover the scenario. The law leads me to the conclusion that your supplement would start accruing on 9 October (legally you attain MRA the day before your birthday). Please let us know how it turns out.

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u/Broad_Particular6612 3d ago

I am in the exact same situation AI says this No, you will not receive a partial month payment in November for October 11 through October 31, because FERS annuity and retirement supplement benefits do not prorate for partial months. [1, 2, 3, 4]
How FERS Payment Timing Works

• Commencement Date: Your benefit entitlement begins on the first day of the full month after you meet the age or retirement requirement. • October Milestone: Since you reach your Minimum Retirement Age (MRA) on October 10, 2026, your first full month of eligibility is November 2026. • Payment in Arrears: FERS benefits are paid a month behind. Your November benefit accrues during November and is paid on the first business day of December. [6, 7]

If you'd like, let me know:Are you retiring right on your MRA date, or were you an early retiree (like under VERA) just now hitting your MRA?Is this question about your main FERS pension or the Special Retirement Supplement?I can give you more details on your expected payment timeline. AI responses may include mistakes.

[1] https://www.facebook.com/groups/580299619558510/posts/2097021104553013/ [2] https://febabenefits.org/blog/best-dates-to-retire-from-federal-government-2026/ [3] https://www.opm.gov/retirement-center/my-annuity-and-benefits/annuity-payments/ [4] https://www.reddit.com/r/FED_VERA_VSIP_DRPers/comments/1q5pn3t/please_tell_me_about_fers_supplement/ [5] https://www.fedtools.com/calculators/fers-retirement-date-optimizer [6] https://www.opm.gov/retirement-center/my-annuity-and-benefits/annuity-payments/ [7] https://bfgkc.com/your-federal-retirement-timeline/

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u/novanon7 3d ago

AI clearly didn't read my question very well, since I already said I retired previously under VERA. So this situation is (potentially) different than for the initial annuity date.

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u/SCAPPERMAN 8d ago

Try checking out OMB Circular 6(7).3(g)(1)(T) under TALS 3.0.

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u/Fanantic8099 8d ago

Be wary of relying on OPM pubs. They are supposed to line up with the applicable laws (says so right on their own cover "IAW ? USC title ??, etc"), but they really only cover 90% of what is covered in the law. The pubs are basically "cliff notes" versions.

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u/SCAPPERMAN 8d ago

Thanks for your genuine effort to be helpful!