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In This Week�s Issue of FEDweek
1. Unfinished Business Awaits Congress
2. Raise Issue Might Be Left to Next Year
3. Contracting Out Also on Table
4. TSP Bill Could Reach Vote
5. Vision-Dental, Whistleblower Bills Also Pending
6. Experts� View: Survivor Benefits Payable on an Employee�s Death
http://www.fedweek.com/content/ev/index.php
7. Social Security Thresholds Changing
8. Brand New 2005 CSRS and FERS Retirement Planning Guides
Just Published!
http://www.fedweek.com/csrs.htm
The 2005 FERS Retirement Planning Guide
http://www.fedweek.com/fers.htm
9. Earnings Test Limit Rising, Too
10. How Social Security Benefits Are Calculated
http://www.fedweek.com/HotFreeNews/default.asp
11. Key Interest Rate Set
12. FSA Health Care Account Limit is $4,000
http://www.passmanandkaplan.com
14. 2005 CSRS & FERS In-Print Retirement Planning Guides
Now Available to All Federal Employees for Immediate Shipment
http://www.fedweek.com/csrs.htm.
To order you FERS Retirement Planning Guide
http://www.fedweek.com/fers.htm.
****************************************************************
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1. Unfinished Business Awaits Congress
Congress returns to work this week for a lame-duck session
focused mainly on finishing work on the spending bills for
the fiscal year that is now a month and a half old�including
the Transportation-Treasury measure, which will be the
vehicle for the January 2005 federal pay raise. Both the
House and Senate versions of the measure advocate an
average 3.5 percent increase�although the Senate bill has
yet to reach the floor and may never do so as separate
legislation. That figure most likely would be allocated by
the White House for general schedule employees 2.5 percent
across the board and the funds for the other percentage
point divided up as locality pay. The measure also would
link wage grade pay to the amount being paid to general
schedule employees in an area.
2. Raise Issue Might Be Left to Next Year
Congressional leaders are hoping that the lame-duck session
will be a brief one. They want to finish action on budget
issues and avoid deferring them to next year, as has happened
the last two years. But if agreement isn�t reached, one
possible outcome would be a repeat of the practice of the
last two years of passing another temporary spending measure,
one that might be good until sometime early in calendar year
2005. Under that scenario, a 2.5 percent federal raise would
kick in by default in January, a raise that later would be
overridden by final action on a spending measure for the
remainder of the fiscal year. In the last two budget cycles,
retroactive raises have been paid, although it can be many
months before employees receive back pay and adjusted salaries.
3. Contracting Out Also on Table
Among the other issues still pending on the Transportation-Treasury
bill is the direction of the contracting out program under
Office of Management and Budget Circular A-76. Both the House
and Senate versions of that bill contain language that
effectively would bar use of the revisions that OMB issued to
the circular in 2003. Prominent among those changes were
allowing contracting decisions to be made on grounds other than
cost reasons alone. The Bush administration has opposed all
limitations on the policy; during House consideration it
succeeded in getting certain restrictive provisions knocked
out, although the House followed that action by enacting the
broader provision. Also, President Bush already has signed
two bills imposing certain restrictions at the Defense
Department, which does most of the government�s contracting
out. In a similar situation last year, a compromise was
reached in which restrictions originally designed to be
government-wide were made to apply only to the agencies
funded by the Transportation-Treasury bill�apart from those
two departments, a number of smaller agencies including the
General Services Administration and Office of Personnel Management.
4. TSP Bill Could Reach Vote
Several other measures affecting federal employees also might
see action during the lame-duck session. Among these are
proposals (HR-4324 and S-2479) to abolish the twice-yearly
open seasons in the Thrift Savings Plan and allow employees
to join or to change the levels of their investments at any
time. The Senate has approved its bill and the House version
is awaiting a floor vote. The main hang up is language in the
House version�estimated to cost $1.1 billion over ten
years�that would start automatic and matching government
contributions for newly hired employees immediately, rather
than keeping them on the current schedule in which those
payments don�t start until nearly a year has passed in some
cases. House leaders have been trying to keep that language,
although some on Capitol Hill believe it will have to be
dropped if the bill is to pass this year.
5. Vision-Dental, Whistleblower Bills Also Pending
Also on the short list of legislation that could reach a final
vote is a plan (HR-5295 and S-2657) to create a package of
vision and dental benefits for employees in which the government
would negotiate benefit packages but enrollees would pay the
full cost. The House just before the recess passed a bill to
have the benefits created, dropping an earlier approach in
which it merely would have asked for a feasibility study. The
Senate, which all along has favored creating the benefit
package rather than merely studying it, could vote on its own
bill or could accept the House bill, which differs mainly in
that it would order a study of adding hearing benefits, as well.
Votes also might be held on committee-approved bills (S-2628
and HR-3281) to expand protections for federal whistleblowers,
although Justice Department objections could prevent that.
6. Experts� View: Survivor Benefits Payable on an Employee�s Death
The simple fact is that some people aren�t going to live long
enough to retire, writes benefits expert Reg Jones. �In order
for your spouse to receive a survivor benefit, certain
eligibility requirements must be met,� he writes. You'll find
his column at fedweek.com/experts
7. Social Security Thresholds Changing
Those covered by the Social Security system�in the government,
primarily meaning those under the FERS and CSRS-Offset
retirement systems�will pay the Social Security �FICA� 6.2
percent tax on $90,000 of salary in 2005, up from $87,900 in
2004. For FERS employees, that tax cuts off at that threshold,
while CSRS-Offset employees pay an equivalent amount on
earnings above the threshold, with the money going into the
civil service retirement fund instead. (All federal employees
also pay a 1.45 percent tax toward Medicare, on which there is
no limit, which in some cases is designated on pay stubs as
part of �Social Security� taxes.) And for purposes of
determining whether Social Security-covered work in the year
was �substantial� for purposes of the windfall elimination
provision�which primarily affects CSRS employees who earn
Social Security credit on the side�the threshold is rising
to $16,725.
8. Brand New 2005 CSRS and FERS Retirement Planning Guides
Just Published!
To order your CSRS Retirement Planning Guide, go directly
to http://www.fedweek.com/csrs.htm.
To order you FERS Retirement Planning Guide, go directly to
http://www.fedweek.com/fers.htm.
Brand New FREE OFFER Exclusively for our FEDweek Readers
Special FREE Publication: Your Strategic Guide to Investment
and Financial Planning
FEDweek will give you absolutely FREE this sought after financial
planning pub. Here's a partial look at an overview of the
table of contents of this FREE Pub:
This FREE Book offer is good for the first 10,000 orders
we receive for either the 2005 CSRS or FERS Retirement Planning
Guides. And considering the dramatic response this offer won't
last too long, so get your order in now!
(Limited One FREE Book per order)
This is one way we can say thank you for allowing us to serve
your needs and we hope to for many years to come!
*****************************************************
The 2005 CSRS Retirement Planning Guide
http://www.fedweek.com/csrs.htm
The 2005 FERS Retirement Planning Guide
http://www.fedweek.com/fers.htm
SEE ITEM # 14 BELOW FOR COMPLETE DETAILS.
9. Earnings Test Limit Rising, Too
Also in 2005, the threshold is increasing for the earnings test,
which applies to those who draw Social Security benefits but who
continue to work. One dollar in benefits will be withheld for
each $2 earned above $12,000 by those under their full
retirement age, up from the current $11,640 figure. A separate
earnings test applies to earnings for months of a year prior to
attaining full retirement age; that withholds $1 for every $3
earned over a threshold that will be $31,800 in 2005, up from
$31,080 this year. Full retirement age is increasing by two
months, to 65 years and 6 months, in2005.
10. How Social Security Benefits Are Calculated
For a look at how Social Security benefits are calculated and
the effect of reductions such as the windfall elimination
provision and government pension offset, go to
http://www.fedweek.com/HotFreeNews/default.asp in the hot free
info section of our website.
11. Key Interest Rate Set
The interest rate the government uses for various purposes
related to federal retirement programs�including the rate of
return on �voluntary contribution� accounts available to CSRS
employees�will be 4.375 percent in 2005, up from 3.875 in 2004.
In addition to serving as the rate of return for voluntary
contributions accounts, the figure is used as the rate of
interest charged to employees who need to make payments to
capture credit for service for which either no retirement
deductions were made or for which deductions were withdrawn at
a break in service. That includes payment to capture military
service credit time in order to avoid the �catch-62� penalty
that otherwise can reduce certain annuity payments.
12. FSA Health Care Account Limit is $4,000
The annual maximum on a health care flexible spending account
is $4,000, not the $3,000 reported in last week�s FEDweek.
The limit was raised to $4,000 effective with the 2004 plan
year and that figure is not changing for the 2005 plan year.
13. Federal Legal Corner: Eligibility for Whistleblower
Protection
The U.S. Court of Appeals for the Federal Circuit recently issued a
decision that recognizes appeal rights under section 2302(a)(2)(c)
(ii) of the Whistleblower Protection Act (WPA) for employees
working in agencies that have not been expressly determined by
the President to be an executive agency or unit whose principal
function is the conduct of foreign intelligence or
counterintelligence activities. In Czarkowski v. Merit Systems
Protection Board, No. 03-3300 (Fed. Cir. Nov. 8, 2004), the
court found that President, or his lawful designee, had not
made an actual determination expressly naming the Navy�s Office
of Special Projects (OSP) as an exempt agency under � 2302(a)(2)
(C)(ii).
The employee, Carol Czarkowski, was employed under a Schedule A
appointment in the excepted service. Her position included dealing
with classified contracts for large dollar amounts and was
subject to a periodic security background investigation. After
Ms. Czarkowski made disclosures protected by the WPA, the agency
removed her supervisory responsibilities and placed her on a
performance improvement plan. After filing an initial complaint
with the Office of Special Counsel, Ms. Czarkowski filed an
individual right of action (IRA) against the agency with the
MSPB, alleging retaliation.
The agency moved to dismiss this case, arguing that the Board
did not have jurisdiction over the complaint because OSP was
exempt from Board jurisdiction under 5 U.S.C. � 2302(a)(2)(C)(ii).
This statute denies the Board jurisdiction over IRA appeals
involving certain agencies, such as the Federal Bureau of
Investigation, the National Imagery and Mapping Agency, and
the National Security Agency. The MSPB upheld the dismissal
of her case on jurisdictional grounds, noting that Ms.
Czarkowski had failed to present evidence contradicting the
OSP�s intelligence function.
The court of appeals in reversing the Board explained that
although many agencies have the authority to, and do actively
conduct foreign intelligence activities, the statute
specifically assigned the President the task of identifying
which agencies meet the �principal function� test. Contrary
to the Board�s position, the statute does not give the Board
the authority to determine which agencies meet this test.
Even in the presence of documents that suggest to the Board
that the President could have or should have made the
determination that an agency meets the principal function test,
the burden is on the agency to establish that the President,
or his delegate, has explicitly exempted an agency or a unit
thereof.
The court noted that by establishing the Intelligence Community
Whistleblower Protection Act (�ICWPA�) of 1998, Congress
expressly provided all intelligence employees an alternate
scheme for disclosing information without fear of reprisal. The
legislative history of the ICWPA also supported the clear inteny
of Congress to require an express Presidential determination.
Further, the court of appeals noted that for policy reasons it
is important that employees are able to determine whether they
are covered by the WPA or the ICWPA, in order to decide how to
disclose information without fear of retaliation.
For employees of those agencies, like the OSP, whose function
includes, or is authorized to include an element of intelligence
activity, this decision will be extremely helpful in obtaining
WPA protection and establishing the jurisdiction of the MSPB over
their whistleblowing complaints. As a result of this decision,
an agency seeking to dismiss a WPA case on this basis will be
required to prove that the President, or his delegate, expressly
and explicitly determined that the principal function of the
agency is foreign intelligence or counterintelligence activity.
This information is provided by the attorneys at Passman & Kaplan,
P.C., a law firm dedicated to the representation of
federal employees worldwide. For more information on Passman &
Kaplan, P.C., go to http://www.passmanandkaplan.com.
Publisher�s Note: Passman & Kaplan have produced a brand new
guide, The Federal Employees Legal Survival Guide, a must have
for all federal personnel managers.
Go to http://www.fedweek.com/pub for more information and
how to order.
14. 2005 CSRS & FERS In-Print Retirement Planning Guides
Now Available to All Federal Employees for Immediate Shipment
(YOU WON'T FIND THESE RETIREMENT PLANING GUIDES ANYWHERE ELSE,
EXCEPT FEDWEEK!)
**********************************************************
Brand New 2005 CSRS and FERS Retirement Planning Guides
Just Published!
To order your CSRS Retirement Planning Guide, go directly
to http://www.fedweek.com/csrs.htm.
To order you FERS Retirement Planning Guide, go directly to
http://www.fedweek.com/fers.htm.
BRAND NEW FREE OFFER EXCLUSIVELY FOR OUR FEDWEEK READERS:
Special FREE Publication: Your Strategic Guide to Investment
and Financial Planning. FEDweek will give you absolutely FREE
this sought after financial planning pub. Here's a partial look at
an overview of the table of contents of this FREE Pub:
This FREE Book offer is good for the first 10,000 orders
we receive for either the 2005 CSRS or FERS Retirement Planning
Guides. And considering the dramatic response this offer won't
last too long, so get your order in now!
(Limited One FREE Book per order)
This is one way we can say thank you for allowing us to serve
your needs and we hope to for many years to come!
*****************************************************
The 2005 CSRS Retirement Planning Guide
http://www.fedweek.com/csrs.htm
The 2005 FERS Retirement Planning Guide
http://www.fedweek.com/fers.htm
Below you'll find more details about these publications.
The 2005 CSRS and FERS Retirement Planning Guides
http://www.fedweek.com/pub/index.php
Now in their seventh year of print (and over 350,000 sold),
these CSRS and FERS Retirement Planning Guides truly help
you fully understand your federal retirement.
These planning guides simplify the retirement planning
process, helping you calculate your annuity (with plenty of
examples), warn you about possible reductions in your
annuity, tell you how Social Security fits into the picture,
and what to do about health and life insurance. In short,
they contain everything you need to know to make your
federal retirement a success.
These 2005 CSRS & FERS Retirement Planning Guide are NOT
Dot.com downloads or government handouts or pamphlets, they are
In-print comprehensive and easy-to-understand planning guides
that were written and edited by our veteran-team of federal
retirement planning experts in the field. Here are some of the
key features and updates that these 2005 retirement planning
include:
ALSO IN THESE 2005 CSRS & FERS RETIREMENT PLANNING GUIDES:
How to calculate your annuity (with plenty of easy-to-follow
examples)
Eligibility requirements
Different retirement types (regular, early, deferred, special
disability)
Credit for military service
Deposits and redeposits
Cost of living adjustments
The effect of divorce on annuities
Social Security
The Thrift Savings Plan
Taking health and life insurance into retirement
Annuity taxes
Survivor benefits
And much more!
Go to http://www.fedweek.com/pub/index.php
to place your order now and get your FREE Pub: Your Strategic
Guide to Investment & Financial Planning shipped to you
immediately.
Other Ways to Order:
You may also call our toll-free order line at (888) 333-9335
to place your order for these retirement planning guides:
The 2005 CSRS Retirement Planning Guide
The 2005 FERS Retirement Planning Guide
Or you may also mail your order with payment of $13.95
($9.95 plus $4.00 s&h) to:
FEDweek P.O. Box 5519, Glen Allen, VA 23058.
SPECIAL BONUS:
The first 10,000 orders placed for either of these CSRS and FERS
Retirement Planning Guides will receive a FREE Pub:
Your Strategic Guide to Investment and Financial Planning.
Please pass this information on to your fellow colleagues.
FEDweek
Publisher, Don Mace
VP of Marketing, Kevin Couch
Website: http://www.fedweek.com
11541 Nuckols Rd. Suite D
Glen Allen, VA 23059
(804) 288-5321
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