§719 Reduction of Benefits of Employees Convicted of Certain Crimes

Summary

The Secretary must stop counting the time an employee worked when calculating that person’s pension if the employee was removed for poor performance or misconduct and was finally convicted of a felony that affected their job. Before doing that, the Secretary must give the person written notice and at least 10 business days to respond. If the person responds, the Secretary must issue the order within 5 business days after the response. If the person does not respond, the Secretary must issue the order within 15 business days after giving notice. A removed employee can appeal the reduction to the Director of the Office of Personnel Management under that agency’s rules. If an employee left the Department before a final removal decision, the Secretary may do the same thing and must allow an appeal to the OPM Director within 7 business days; the Director must decide the appeal within 30 business days. The Director of OPM must recalculate the pension within 37 business days after a final order. A person whose pension is reduced must still be paid the part of their lump-sum credit that belongs to the time called “covered service.” The Secretary and OPM can write rules to pay a spouse or children amounts that would otherwise not be paid, and those rules must follow sections 8332(o)(6) and 8411(l)(5) of title 5. Definitions: “covered service” means the period from the date the Secretary finds the bad activity began until removal or leaving before a final decision; “lump-sum credit” and “service” mean the terms as defined in title 5 (see sections 8331(8) or 8401(19) and 8331(12) or 8401(26)).