Frequently Asked Questions

Legislative and Judicial Questions

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  • Directly from James Hoffman:

    Generally speaking, the best place to look for answers to FAQs is on the JamHoff website. We share updates more regularly there than via email!

    Who Is Covered

    In each class action, we have asked the MSPB to let us enforce the rights of all employees at each agency who were terminated for being in their probationary or trial period. If you fall into this category, this class appeal is relevant to you.

     You do not need to be a named plaintiff to benefit from our class action. Further, you do not need to be a client of our law firm to benefit from the class action. If you fall within the class definition, but your name is not on the lawsuit, you are known as an “unnamed class member.” If the class action is successful, all members of the class (named and unnamed) can benefit.

     At this time, employees do not need to do anything to be covered by these appeals. If class certification is granted, covered employees will likely receive a notice describing next steps.

     If employees wish to raise claims other than failure to RIF procedures, they should consider separate legal action. Generally, when a federal employee files a complaint or appeal involving their termination, they may be precluded from pursuing other legal options. We encourage employees to seek advice from an independent lawyer regarding their individual circumstances and options, especially as many of you have likely been reinstated pursuant to a temporary court order.

    Generally, under MSPB rules, the 30-day deadline for individual appeals is put on hold for members of a proposed class while a judge decides whether a case can proceed as a class action. See 5 CFR 1201.27.

    Thus, generally speaking, the 30-day clock will be paused on the day that a class action for your agency was filed. When the MSPB does not allow a case to proceed on a class-wide basis, workers typically can file  an individual appeal. You would likely have at least 30 days, less however many days had passed when the class action was filed, to file an individual appeal.

    For your reference, the rule we are relying on is at 5 CFR 1201.27(a): “When a class appeal is filed, the time from the filing date until the judge issues his or her decision [regarding class certification] is not counted in computing the time limit for individual members of the potential class to file individual appeals.”

    Next Steps 

    We have filed 20 class actions on behalf of workers at 20 agencies, including HHS. We began receiving scheduling orders in our cases from the judges last week, which will be about the schedule for class certification

  • On April 8, the Supreme Court ruled that federal agencies are not required to reinstate terminated employees while cases wind their way through the courts. It is up to each agency to determine whether to keep employees on payroll. No notice of the last day of admin leave has been provided yet.

Advocacy and Fighting Back

  • Check out our Hatch Acts Quick Reference Guide.

  • We’re here to help! Email info@firedbutfighting.com for tips about talking to the media and any specific questions you have. If you don’t think you’re the right person to speak to the reporter’s questions, direct them to the media inquiries form and we will triage the request.

  • Email info@firedbutfighting.com and we will provide you with a link to the “Media Tips” chat on Signal.

  • Visit www.firedbutfighting.com/events.

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Unemployment and Career Resources

  • In most states, probationary and RIF’d employees are eligible for unemployment.

  • Start the process as soon as possible, even if you’re on admin leave. You won’t be able to claim your first unemployment payment until after your last paycheck.

  • While receiving severance: Yes, you can apply for unemployment, but: 

    • Your severance may reduce or delay your unemployment benefits, depending on state law. 

    • In some states (including Georgia), lump-sum or extended severance can cause a waiting period before benefits begin. 

    While Receiving DSR (Discontinued Service Retirement):  No — once you begin receiving a federal retirement annuity, including DSR, most states will disqualify you from unemployment. Unemployment is for those who are able and available to work — receiving retirement suggests you’re not seeking employment. 

  • You file in the state where you physically performed your work. So if you: 

    • Lived and worked in Georgia while teleworking for a federal agency — file in Georgia.

    • Lived in Georgia but worked in another state or D.C. — file in the state where you performed duties. 

    • Were a federal remote employee with no clear duty station — file in your state of residence 

  • Your HR office or servicing payroll center (e.g., CDC HR or HHS's Shared Services Office) should issue this automatically upon separation. The SF-8 provides info state agencies use to verify: 

    • Your former federal employer, 

    • Agency payroll codes, 

    • Separation type. 

    If You Didn't Receive One: 

    • Contact your agency’s Benefits or HR Contact Center and request an SF-8 (they may send it via email or postal mail). 

    • You may also get it in your final eOPF documents or in your separation packet .

  • Yes! Every state is required to have a rapid response program. These programs offer career counseling, job portals, paid job training, and more. Google the name of your state and “rapid response” to find resources.

  • Request access via our LinkedIn group page. If you have trouble finding it, search LinkedIn Groups for “Opportunities for Former CDC Staff.”

Severance Pay & Benefits

  • No. 

    • If you are eligible for retirement, including discontinued service retirement, by normal rules, you will receive a retirement annuity and will not receive severance. 

    • You must choose either severance pay or an immediate retirement (like DSR or MRA+10). 

    • If you're eligible for retirement and choose it, you're not eligible for severance.

    • This applies even if the annuity is postponed — as long as it starts within 31 days of separation. 

  • Severance is paid on a biweekly basis, like a regular paycheck. Lump sum payments are rare and may require special approval or circumstances. 

    The RIF was conducted by HHS. All questions regarding severance payments must be directed to HHS. 

  • Severance Pay Estimation Worksheet

    Standard Formula: 

    • 1 week of basic pay for each full year of service. 

    • Plus 25% of a week’s pay for each full 3 months of service beyond the last full year. 

    Cap: Total severance pay is limited to 52 weeks of basic pay.

    Age Adjustment: 

    • For employees over age 40, severance is increased by 10% for each year of service beyond age 40. 

    • For those under 40, no increase applies — standard calculation only.

  • No. Once you’re separated (even if receiving severance), you are no longer on the rolls of the agency. This means: 

    • No additional TSP contributions from your paycheck. 

    • No agency automatic (1%) or matching contributions are made. 

  • Severance pay does not include continuation of FEHB. However, you may qualify for a Temporary Continuation of Coverage (TCC) if:

    • You were enrolled in FEHB at the time of separation.

    • You are not eligible for an immediate annuity (i.e., you're not taking retirement right away).

    • You were separated due to RIF, resignation, or other involuntary reasons (excluding gross misconduct).

    Lasts up to 18 months.

    • You pay 102% of the premium (employee + agency share + 2% admin fee).

    • CDC does not contribute during this period — you cover the full cost.

  • Wait for Your TCC Notification Package 

    • Your agency's HR office or benefits specialist will send you a TCC information packet after separation. It will include your SF 2809 (Health Benefits Election Form), a letter explaining your rights, and plan options and current premium rates. 

    Submit the Enrollment Form 

    • Complete SF 2809 to elect TCC coverage. 

    • You have 60 days from: 1) the date of separation, OR 2) the date you receive the TCC notice — whichever is later. 

    Pay the Full Premium 

    • You will be billed monthly. 

    • You pay 100% of the premium + 2% administrative fee = 102% total. 

    • Payment goes directly to the plan or the agency handling 

    • FEHB (sometimes the National Finance Center). 

    More info on the NIH fact sheet: Fact Sheet - WRD Benefits 1

  • Coverage continues for 31 calendar days after your official separation date at no additional cost to you. You don’t need to fill out any forms for the 31-day extension it’s automatic. You and your covered family members remain enrolled in your current plan. · This gives you time to:

    • Elect Temporary Continuation of Coverage (TCC), 

    • Enroll in other insurance (e.g., ACA Marketplace), 

    • Start an annuity (if eligible) and continue FEHB through retirement 

  • To Qualify for severance: 

    • Must be involuntarily separated through no fault of your own (e.g., RIF). 

    • Not eligible for any immediate retirement. 

    • Must have at least 12 continuous months of federal civilian service. 

    • Did not refuse a reasonable job offer. 

    Enroll: No application is needed — your HR/payroll office will calculate and issue severance pay automatically if you qualify. Severance is paid biweekly and may be capped at 52 weeks of basic pay. 

  • FERS Refund Eligibility 

    • You separate from federal service, 

    • You have less than 5 years of creditable civilian service, 

    • You are not reemployed in federal service, and 

    • You do not qualify for a deferred annuity

    How to Apply for Your Refund 

    • Complete Form SF-3106  - Title: Application for Refund of Retirement Deductions  (FERS) . You can download it here: SF-3106 (PDF)

    • Attach SF-3106A (if applicable); if you’re married, include SF-3106A (Spouse’s Consent to Refund). This form must be notarized. 

    Submit the Forms 

    • If you've already separated: mail forms directly to OPM. 

    • If you're still employed: submit forms through your agency’s HR office. 

    Where to Send (if separated): 

    U.S. Office of Personnel Management Retirement Operations Center 
    P.O. Box 45 
    Boyers, PA 16017-0045 

  • Note: The RIF was conducted by HHS and not by CDC. CDC has no information regarding the RIF. All questions regarding RIF notifications, procedures, policies, etc. must be directed to HHS. Directing questions to CDC will not yield any answers and delay employees from receiving a response from HHS.  Please document and save sent requests and inquiries with a read receipt.

    Direct questions to OHR-General-Inquiries@hhs.gov.

Discontinued Service Retirement (DSR) & Retirement Options

  • If you plan on challenging this through the MSPB ask for your retirement date to be issued after your separation date because then it would be resigning and losing your rights to appeal. This information is from Gilbert Law Group.

  • You may qualify for DSR if all of the following apply:

    • You are involuntarily separated from federal service, and the separation is:  1) Not due to misconduct or delinquency, 2) Not voluntary on your part. 

    • You meet one of these service requirements: 1) Age 50 or older with at least 20 years of creditable service, 2) Any age with at least 25 years of creditable service. 

    • You do not refuse a “reasonable offer” of another federal position: 1) In the same commuting area, and 2) At no more than two grades (or pay levels) below your current job.

  • Written notice (RIF/ Separation notice) from your agency: 

    1. It must clearly state that your position is being abolished or you're being separated involuntarily. 

    2. It must specify the effective date. 

    Submit your application for retirement (no real guidance given but you can submit by GRB)

    1. Complete the appropriate retirement application form (usually SF-3107 for FERS or SF-2801 for CSRS). 

    2. Include the separation notice from your agency. 

    3. Your agency’s HR or retirement office will help you submit everything to OPM or access and apply here https://platform.grbinc.com

    Review and Processing:  Once submitted, OPM reviews your application.

  • It is used only for Reduction in Force (RIF) purposes. 

    Determines your retention standing — basically, where you rank in the retention register compared to others in your competitive level. 

    Factors in all creditable federal service that counts for RIF, which might include time not creditable toward retirement. 

    Only thing that may apply to your retirement date: if you are close in age, they may use their annual leave to qualify, but they would (again, under regular rules) remain on the agency rolls past the RIF effective date if it would allow them to reach their retirement eligibility date.

    NOTE: We do not have insight into whether the regular rules are being applied for HHS’ RIF. If there are any questions about this, please ask HHS via their inquiry email. 

  • DSR Retirement Can Be Rescinded — But Only If:

    • Your separation never takes effect, meaning you're reinstated before your retirement date, or 

    • You're reappointed into a federal position before OPM finalizes your retirement. 

    In these cases, you may cancel your DSR application and  continue working — essentially treating it like you never retired. 

  • Severance pay is for employees who are separated but not eligible for immediate retirement. You can not be retirement age eligible and receive severance no matter what your separation papers may indicate. Under traditional rules, even if you qualify for VERA, you will receive DSR, not severance. 

    DSR provides an immediate annuity, so if you elect  retirement, you’re disqualified from severance 

  • Eligibility: MRA + 10 Retirement 

    • Must reach your Minimum Retirement Age (MRA)  - (between 55–57, based on birth year). 

    • Must have at least 10 but fewer than 30 years of creditable federal service. 

    • Available only under FERS, not CSRS. 

    Two Options at Separation 

    1. Immediate Retirement: Annuity begins right after separation. Subject to a 5% permanent reduction for each year you're under age 62. You retain FEHB coverage with no break, if enrolled for 5 years prior. 

    2. Postponed Retirement: You separate from federal service now, but delay starting your annuity. You choose the future date your annuity will begin (e.g., age 60 or 62). Reduces or avoids the 5% age penalty. Must apply using Form RI 92-19. This type of retirement is processed only through OPM. Your agency cannot and will not be able to assist you with this. 

  • Confirm Your Eligibility 

    • You are at least 50 years old. 

    • You have 20 or more years of creditable federal service. 

    • You are facing involuntary separation (not due to misconduct or delinquency).

    • You are not declining a reasonable job offer (same commuting area, no more than two grades/pay levels below your current position). 

    Wait for the Official Separation Notice 

    • Your agency must issue you a written notice of involuntary separation (e.g., due to RIF or position abolishment).  This notice must include: 1) The reason for separation, 2) The effective date of separation.

    You cannot Apply for Severance Pay 

    • Elect DSR to receive the retirement annuity if you choose to or defer .

    • Let HR know you intend to retire under DSR. Trying to figure out from BESO. It seems obvious that the individuals apply via GRB. But, it’s not certain that is the case as HHS is conducting the RIF. https://platform.grbinc.com/

    Submit Your Retirement Application Need to figure out where the application is submitted. 

    Keep Documentation 

    • Retain copies of: 1) Your separation notice, 2) Your retirement application, 3) Your Service Computation Date and earnings statement (to verify service time), 4) Any response from OPM 

  • DSR and Disability Retirement are mutually exclusive.

    You can’t receive both — you’d need to choose. Disability retirement may offer different annuity rates and FEHB/FEGLI considerations. Disability retirement is made via GRB. No date for retirement is specified; processing times are uncertain at this time as they are subject to the same backlog. https://platform.grbinc.com/

  • If you are eligible for retirement, you cannot get severance. Escalate and document to: OHR-General-Inquiries@hhs.gov that this is wrong. 

  • Criteria for Reduced Deferred Retirement (FERS):

    • Min. Service 10+ years 

    • Min. age MRA (55–57) 

    • Annuity Begins at MRA or later (you choose) 

    • Reduction is 5% per year under age 62 (unless postponed) 

    • Use Form RI 92-19 “Application for Deferred or Postponed Retirement” 

    • Submit your form 2–3 months before you want your annuity to begin (not before MRA).

    • FEHB Eligible? Only if postponed and 5-year rule is met. Deferred = no FEHB, Postponed = FEHB can be reinstated when annuity starts.

  • If your retirement application is in GRB, then yes, the date can be changed. Request that your application be returned to you (via HRSD ticket, or contacting the HR service desk at hrsc@cdc.gov). Change the date, and submit the application again. Know that changing the date may result in processing delays. 

  • The RIF was conducted by HHS; CDC OHR has no insight into the HHS plan for CDC human resources following the RIF action. If it is determined that CDC OHR will process retirement applications of those impacted by the HHS RIF, they will do so as best as they are able.