Retirement and Death Benefits
How will my retirement benefit be calculated?
Under the CBPO special provisions, am I subject to mandatory
retirement?
Is there a change in the minimum retirement age (MRA) provisions? (FERS only)?
What is the mandatory retirement age?
How is the pro-ration factor determined?
I already have 20 years of CBPO service and I am 51,
as of July 6, 2008 do I qualify for the CBPO Retirement Coverage?
I am within a year of retirement. Can I qualify for
CBPO Retirement Coverage?
How will this coverage affect my average high-three
salary?
When can I receive retirement benefits?
How much will I receive after retirement?
How will this affect my death benefits?
How will this affect my survivor benefits?
Are there any medical or fitness standards for this
position?
Am I subject to the maximum entry age?
What is the maximum entry age?
Will CBPOS receive the social security supplement at 50 with 20 or any age with 25 (FERs only)?
Do full months and years count toward the benefit?
Can I use my prior law enforcement service to qualify for the CBPO pro-rated benefits calculation?
If I want to work more than 20 years beyond July 6, 2008, do I continue to accrue benefits from the enhanced calculations?
Will sick leave be calculated at the 2.50% rate (CSRS-only)?
Q. Who is covered by the new CBPO Retirement
Coverage?
A. Two categories of employees are covered: “Primary”
CBPOs and “Secondary” CBPOs.
PRIMARY CBPOs are defined as:
• An employee in the Department of Homeland Security (DHS) who holds a position within the CBPO, GS-1895 job series, and
• Whose duties include activities relating to the arrival and departure of persons, conveyances and merchandise at ports of entry (POE).
SECONDARY CBPOs are defined as:
• An employee who is transferred directly from a primary position to a supervisory, managerial or administrative position in DHS after performing work in primary positions for at least 3 years.
• The primary position may have been a CBPO, Immigration Inspector (GS-1816), or Customs Inspector (GS-1890) whose duties included activities related to the arrival and departure of persons, conveyance and merchandise at a POE.
• Employee must have moved from the ‘primary’ CBPO position to the ‘secondary’ CBPO position and continued in that or other ‘secondary’ CBPO position(s) without a break in service of more than 3 days;
• Further, the experience in the ‘primary’ CBPO position (as defined above) must have been a mandatory prerequisite for the ‘secondary’ CBPO retirement-covered position.
Example: John Doe was a Customs Inspector for 3 years at San Ysidro POE. His activities involved the arrival and departure of persons, conveyances and merchandise at a POE. John was promoted without a break in service to a Supervisory Customs Inspector and then reassigned to a Supervisor CBPO position, again without a break in service of more than 3 days. He was then promoted to a Supervisor CBPO position (Port Director), again without a break. His experience in the Customs Inspector, GS-1890 position was a prerequisite to the successor positions.
Example: John Doe was an Immigration Inspector, GS-1816 for 4 years. His duties involved the arrival and departure of persons, conveyances and merchandise at a POE. He was promoted to a Supervisory Immigration Inspector without a break in service of greater than 3 days, and then promoted to a Program Manager, GS-340 position in HQ without a break in service. John’s experience as an Immigration Inspector in a POE was a prerequisite for the Supervisory Immigration Inspector, and Program Manager, GS-340 position in HQ.
Q. How will I know if I am covered under
the new provisions?
A. You will receive retirement materials mailed to your home address from HRM that will include information about the CBPO Retirement Coverage provisions and whether or not you meet the criteria for coverage (described above).
If you are covered under the new provisions, you were on the rolls as a CBPO as of December 26, 2007, you will also receive a form to opt out of the coverage, should you decide to do so. You will also receive a business reply envelop to return the form, if needed.
Q. What are the advantages of the new
CBPO coverage?
A. The new coverage offers the following advantages:
• Upon retirement you will receive an enhanced retirement benefit;
• Your retirement benefit may be prorated to provide credit
for all full months and years of CBPO service on or after July 6,
2008; and
• You are eligible to retire at age 50 with 20 years of CBPO
Retirement-Covered service (such service begins on July 6, 2008).
Q. Is there a circumstance in which I
should opt out?
A. Yes. If (a) you have 41 years and 11 months or more of Federal service; (b) if you were a law enforcement employee prior to becoming a CBPO and you already have 20 years of covered LEO service; or (c) if you will retire prior to obtaining at least 1 month of covered CBPO service, you may wish to opt out because you have already attained the maximum retirement benefit for which you are eligible (80% of your average high-three salary), and no additional contributions on your part will increase your retirement annuity. You should consult with a retirement counselor before making this decision.
Q. Will I have to contribute more from
my pay in order to have this coverage?
A. Your retirement contributions will increase by one-half of one
percent (0.5%) of your basic pay.
Q. How do I elect this coverage?
A. You do not have to elect this coverage. You will automatically
be covered under the new CBPO Retirement Coverage. However, if you
do not want the coverage then you must elect to opt out by June 22,
2008.
Q. Is there an opt-out election process?
A. Yes. You will receive an opt-out election form in the mail with
your materials about the new coverage. The form will also be available
on CBPNet.
Q. What happens if I do not opt out?
A. If you do not return your opt-out election form to HRM by June 22, 2008 either by mail or fax, you will be automatically covered by the new CBPO Retirement Coverage on July 6, 2008.
Q. I am on leave without pay. Will I be
given the opportunity to opt out?
A. Yes. All impacted employees will be given the opportunity
to opt out.
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Q.
Will my retirement coverage change?
A.
You will continue to be covered by FERS or CSRS or CSRS-offset, however your benefits will be calculated using the enhanced CBPO special retirement.
Q.
Is there going to be a broadcast about the new CBP Officer retirement coverage on the CBP-TV?
A. The broadcast will be available no later than the last week of April.
Q.
What if someone is promoted to a GS-1895-12 CBPO position prior to having 3 consecutive years in a primary GS-1895 position?
A. If they are working supervisors, we will use the GS-1895-12 position to meet the 3 year primary requirement.
Types of Coverage
Q. How is primary coverage determined?
A. Primary coverage is extended to anyone who holds a position within
the GS-1895 job series and whose duties include activities relating
to the arrival and departure of persons, conveyances and merchandise
at ports of entry.
Q. What is secondary coverage and who
qualifies for it?
Secondary coverage applies to any employee who transferred directly
to a supervisory or administrative position (under the previously
described conditions) in the Department of Homeland Security after
performing duties as described under the primary provisions for at
least 3 years.
Q. If an employee in a secondary position doesn’t have the required 3 years of primary service, will he/she be given the opportunity to return to a primary position to obtain them?
A. If you are under the age of 37 and can pass the medical standards, it may be possible for you to become employed in a CBPO primary position for three years in order to meet the secondary requirements for continued coverage. Contact HRM to determine the possibilities that may be available, which may require a change to lower grade.
Q. If it is determined that I do not
qualify for the new CBPO Retirement Coverage, will I have appeal rights?
A. You will have appeal rights to the Merit Systems Protection Board. You may also seek reconsideration of the determination to the HRM Director, Compensation and Organizational Effectiveness Division, HRM. Reconsideration procedures will be posted shortly on this CBP Web site.
Q. Are the benefits the same for primary
and secondary positions?
A. Yes, the retirement benefits are the same.
Q. If I am a ‘primary’ CBPO now but in a year or so, I will be eligible for promotion to a ‘secondary’ CBPO retirement position, how will I know if the position I apply to has that retirement coverage?
A. When a vacancy announcement is posted, it will include specific language regarding the applicable retirement coverage. The positions that will be covered by the new CBPO Retirement Coverage will be so annotated in the CBP electronic position description library in the near future.
In addition, a listing will be posted on the CBP Retirement Web site.
Q. I am a 'status quo, mixed tour'
employee. Am I covered for primary or secondary?
A. You can be covered by either. However if you are in a secondary position you must meet the 3-year primary requirement. In order to determine if you have met this requirement, you must have been in a primary position for at least 780 days prior to moving to the secondary position.
Q. Will there be covered positions
outside of the Office of Field Operations?
A. Yes, there will be CBPO Retirement-Covered positions in other organizations, other than Office of Field Operations.
All primary positions must be in CBP. However, some secondary positions may be in DHS but not in CBP.
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Q.
Does the enhanced Retirement coverage apply to GS-1895's that are permanent part-time?
A. Yes, the enhanced benefit is for Permanent part-time employees. The benefit will be calculated based on their tour of duty. This is the same for all part time employees. The high three does not change. The retirement formula will be the same as that for a fulltime CBPO who is covered by the enhanced benefit. The difference will be at the time of retirement, we will have to make sure that OPM has the actual tour of duty so that they can correctly calculate the amount of the retirement benefit.
Service Credit
Q. How does this new law affect those
CBPOs who are already covered by the Law Enforcement Provisions (CBPO
Enforcement)?
A. CBPOs who are already law enforcement-covered are not affected
by the CBPO Retirement provisions.
Q. I am on military leave. Is my service
creditable toward retirement?
A. Yes. Service while on military leave from a primary or secondary
position may be creditable toward the CBPO Retirement if it is otherwise
creditable towards retirement.
Q. Will I receive credit for all CBPO service
prior to July 6, 2008?
A. CBPO service prior to July 6, 2008 will not be credited toward CBPO retirement benefits, but may be considered for determining whether later service is qualifying as secondary under certain circumstances.
Q. Can I make a deposit to get credit for
prior CBPO Service?
A. You cannot make a deposit for service prior to July 6, 2008. That
service cannot be counted toward the CBPO Retirement benefits.
Q. Can I pay the additional .5% in order
to receive the special CBPO credit for my CBPO service prior to July
6, 2008?
A. No, CBPO service prior to July 6, 2008 is not counted toward CBPO
Retirement benefits.
Q. Will military service in a law enforcement
capacity count toward meeting the 20-year requirement for CBPO Retirement
Coverage?
A. Duties an individual performs while in the military are not relevant. Years of military service can be added to your total years of service, but are not counted to meet the 20 years of covered service requirement unless it interrupts otherwise qualifying civilian primary or secondary employment under certain circumstances.
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Q.
At what rate will military time be calculated if it is “bought back” by an officer?
A. We were advised by Payroll, that there is no change in the way the military deposit is calculated
Movement Between Positions
Q. Can I use my prior CBPO service to qualify
for CBPO Retirement Coverage?
A. CBPO service prior to July 6, 2008 cannot be used to qualify for
the CBPO Retirement Coverage, but may be considered for determining
secondary coverage under certain circumstances.
Q. What happens to my coverage if I am hired
as a Border Patrol Agent or into another law enforcement position?
A. If you are hired as a Border Patrol Agent or into another law enforcement position, your CBPO coverage stops and you are no longer covered by the CBPO provision. However, you may combine both the CBPO service on or after July 6, 2008, and your law enforcement service to qualify for special category retirement at age 50 with 20 years of special category service or (under FERS only) at any age with 25 years of special category service.
Other service that may be combined toward special category retirement includes service as a firefighter or nuclear materials courier, and, under FERS only, as a member of the Capitol Police or Supreme Court Police.
Q. What happens if I move from a Border
Patrol Agent position or other law enforcement position to a CBPO
position after July 6, 2008?
A. If you move from a Border Patrol Agent or other law enforcement position to a CBPO position after July 6, 2008, you may combine your law enforcement and CBPO service to qualify for the special retirement. However, you must meet the same retirement eligibility as a special category employee (i.e. age 50 with 20 years of covered service or, under FERS only, at any age with 25 years of special category service.)
Q.
If someone completes the 3 consecutive years of service in a primary position, can they move into any covered LEO position and return to a secondary position within CBP and still be covered?
A. The employee can move to a Federal Law Enforcement position (5 USC 8336(c) or 5USC 8412(d) and not have a break in coverage. However, the employee cannot move to local law enforcement and keep the Enhanced CBPO retirement coverage.
Q.
Is CBP going to offer lateral reassignments into the GS-1895 series to Agriculture Specialist before the July 2, 2008 effective date of the ehanced retirement coverage?
A. Yes, they will be offered the GS-1895 positions prior to July 6, 2008.
Q.
Is CBPO going to offer GS-1895s permanent part-time or seasonal officers the opportunity to lateral into full-time positions?
A. If these employees want to be hired fulltime, they are certainly eligible to compete for the opportunity.
Q. Can I move from secondary CBPO to secondary CBO, for example, supervisory CBPO to Supervisory Border Patrol Agent?
A. No. You would have to go back to primary LEO, meet age requirement, pass medical and firearms requirement.
Pay and Benefits
Q. Will I continue to receive my COPRA pay?
A. Yes, 50% of the maximum $35,000 overtime cap per fiscal year will
continue to count toward retirement.
Q. Will CBPOs have a salary cap?
A. No. CBPOs are only subject to the applicable overtime cap as set by the Customs Officer Pay Reform Act.
Q. Will this affect my FEHB, life insurance
or Thrift Savings Plan?
A. The CBPO Retirement Coverage will not affect any of your other
benefits.
Q.
Is there a special COLA for law enforcement officers and will it apply to CBPOs?
A. There is no special COLA for law enforcement officers.
Q. Will CBPOS now be eligible for Professional Liability Insurance?
A. CBPOs are not treated as law enforcement officers for Professional Liability.
Retirement and Death Benefits
Q. How will my retirement benefit be calculated?
A. The following are examples of how your annuity will be calculated.
These examples are not applicable to individuals who are not CBPOs
on July 6, 2008.
1. CSRS Examples
A. Impact of CBPO Retirement Coverage:
A CBPO who is onboard as of July 6, 2008, is covered under the new CSRS CBPO retirement coverage and retires on July 5, 2009, with 30 years of service—one year of which was covered under the CBPO retirement coverage.
The retirement formula for this employee is as follows:
2.50% x high three x 1 year of service plus
1.50% x high three x 4 years of service plus
1.75% x high three x 5 years of service plus 2.00% x high three x all years of service over 10
B. Impact of Opting Out of CBPO Retirement Coverage:
Just as in 1A above, a CBPO is onboard as of July 6, 2008, is not covered under the new CSRS CBPO retirement coverage and retires on July 5, 2009, with 30 years of service. The employee’s high three is $62,333.
The retirement formula for this employee is as follows:
1.50% x high three x 5 years of service plus
1.75% x high three x 5 years of service plus
2.00% x high three x all years over 10
Please note: Under CSRS, the 2.50% accrual rate in the example above will be earned for all full months and years of CBPO service beginning July 6, 2008. The maximum credit allowed at the 2.50% accrual rate is 20 years. Service beyond 20 years is accrued at 2.0% per year.
As the number of years under the CBPO retirement coverage increases, the 1.50 and 1.75 percentages will be replaced.
2. FERS Examples:
A. Impact of CBPO Retirement Coverage:
An employee who is onboard as of July 6, 2008, is covered under FERS, retires at age 59, as of July 5, 2018, with 30 years of service—10 years of which were performed as a CBPO after the effective date of the CBPO retirement coverage. The employee’s high three is $100,000.
The retirement formula for this employee is as follows:
1.70% x high three x 10 years of service plus
1.00% x high three x 20 years of service
Please note: Under FERS, the 1.70% accrual rate in the example above will apply to all full months and years of CBPO retirement coverage beginning July 6, 2008. The maximum credit allowed at the 1.70% accrual rate is 20 years of service.
As with CSRS, the more years you work under the FERS CBPO retirement coverage, the greater your annuity.
B. Impact of Opting Out of CBPO Retirement Coverage:
The same FERS employee in 2a above, is onboard as of July 6, 2008, is covered under FERS, retires at age 59, as of July 5, 2018, with 30 years of service.
The retirement formula for this employee is as follows:
1.00% x high three x 30 years of service
Please note: A FERS employee who retires at age 62 with at least 20 years of creditable service is entitled to computation of 1.1% rate per year, instead of 1%.
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Q. Under the CBPO special provisions, am
I subject to mandatory retirement?
A. Individuals who were first employed as CBPOs prior to July 6,
2008 are not subject to mandatory retirement. All individuals who
are first employed as CBPOs on or after July 6, 2008 will be subject
to mandatory retirement at age 57 with 20 years of service.
Q.
Is there a change in the minimum retirement age (MRA) provisions? (FERS only)
A. There is no change in the minimum retirement age (MRA) provisions. If you are not eligible for retirement based on the new CBPO coverage, that is age 50 with 20 years of service or any age with 25 years of service (FERS only), you must meet the regular MRA retirement eligibility.
Q. What is the mandatory retirement age?
A. The mandatory retirement age is 57.
Q. How is the pro-ration factor determined?
A. Your pro-ration factor will be based on all full months and years
that you are covered by the CBPO Retirement Coverage. For this to
apply, the individual MUST be employed as a primary or secondary CBPO
on or before July 5, 2008.
Q. I already have 20 years of CBPO service
and I am 51, as of July 6, 2008 do I qualify for the CBPO Retirement
Coverage?
A.Non-LEO or service that is not covered by the special CBPO coverage cannot be used for eligibility toward the CBPO Retirement benefits. However, if you are a CBPO on July 6, 2008, CBPO service on or after that date may be credited towards the special benefit computation.
Q. I am within a year of retirement. Can
I qualify for CBPO Retirement Coverage?
A. You can qualify based on regular FERS, CSRS, or CSRS-offset rules. However, if you are a CBPO on July 6, 2008, CBPO service on or after that date may be credited towards the special benefit computation.
Q. How will this coverage affect my average
high-three salary?
A. It does not affect your average high-three salary.
Q. When can I receive retirement benefits?
A. Employees on board prior to July 6, 2008 will be eligible for an immediate annuity after meeting the usual FERS or CSRS age and service requirement.
Newly appointed CBPOs hired on or after July 6, 2008 will be eligible for retirement at age 50 with at least 20 years of CBPO special covered service or any age with 25 years of CBPO special coverage service.
Q. How much will I receive after retirement?
A. Call the CBPO Retirement Coverage Hotline to set up an appointment
to discuss your situation with a Retirement Counselor, (866) 469-7359.
Q. How will this affect my death benefits?
A. The new coverage will increase your death benefits.
Q. How will this affect my survivor benefits?
A. The new coverage will increase your survivor benefits.
Q. Are there any medical or fitness standards
for this position?
A. The current standards will remain in place until further review.
Q. Am I subject to the maximum entry age?
A. CBPOs hired on or after July 6, 2008 are subject to a maximum entry age. Anyone hired before the effective date of the CBPO Retirement Coverage is not subject to the maximum entry age.
Q. What is the maximum entry age?
A. The maximum entry age for all CBPOs hired after July 6, 2008 is
37.
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Q.
Will CBPOS receive the social security supplement at 50 with 20 or any age with 25 (FERs only)?
A. Yes, the supplement will be paid early.
Q. Do full months and years count toward the benefit?
A. Yes full months and years of Enhanced CBPO coverage are counted toward the 1.7% rate for FERS employees and 2.5)% rate for CSRS employees.
Q. Can I use my prior law enforcement service to qualify for the CBPO pro-rated benefits calculation?
A. Prior law enforcement service cannot be used to qualify for the CBPO pro-rated benefits calculation. Only CBPO service on or after July 6, 2008 is creditable. Also, this applies only to those CBPOs on board prior to July 6, 2008.
Q. If I want to work more than 20 years beyond July 6, 2008, do I continue to accrue benefits from the enhanced calculations?
A. All years over 20 will be calculated for CSRS/CSRS offset at 2% rate, for FERS at 1% or 1.1% rate.
Q. Will sick leave be calculated at the 2.50% rate (CSRS-only)?
A. Sick leave is calculated after eligibility requirements for retirement are met. Therefore, it is calculated at the 2.00% rate.
For assistance, call our CBPO Retirement Coverage toll-free hotline at (866) 469-7359. Or e-mail us with your questions at ecbpo.coverage@cbp.dhs.gov.