FERS Pension and Fed Clerkships

[Anonymous]

Do federal court clerkships (district) count in the calculation of time worked for the government under the latest calculation of the gov't pension (FERS - paying 4.4% per pay period)? Meaning if you work at an agency for 4 years, does it count as 5 years in the gov't for vesting purposes because you did 4 yrs at an agency + 12 months clerking? Or are clerkships excluded altogether since it is just a term job for a year or two?

[Anonymous]

Did you pay the 4.4% during your clerkship? If so, then it probably counts.

That year might not count for every length-of-service calculation.

[Anonymous]

It took me forever for HR to make the changes, but my clerkship was eventually add to my years of service.

[Anonymous]

Anonymous wrote:It took me forever for HR to make the changes, but my clerkship was eventually add to my years of service.

When did you clerk (approx - what years)? What would I need to do/submit to even get HR to look into this? I doubt I have clerkship pay stubs as it’s been 10 years.

[Anonymous]

I don’t think all judges categorized the clerkship in a way that counts towards years of service. Mine did. My husband’s did not. Had to do with how you were classified. Neither of us had the 4.4% taken out - which why would they when you won’t vest? Also, I think mine counted towards vacation time accual for leave but not for TSP pension.

[Anonymous]

My years as a term clerk did not count toward vesting, nor did I contribute toward FERS. I also was not eligible for TSP.

My years as a career clerk, I was a permanent employee and got FERS and TSP contributions. The years I spent as a term clerk counted toward how much vacation time I earned and sick leave rolled over (I worked for one of the few judges who put us on the Leave Act.)

[Anonymous]

My DH clerked for the U.S. Court of Appeals for the 9th Circuit about 15 years ago. He's now a federal employee, and the clerkship DOES count toward his years of service.

(I'm not a federal employee myself, but I do the household finances. I called some office years ago to inquire, and was told "yes" the clerkship counts. I double-checked by looking at his SCD - service computation date. That reflects the time spent as a law clerk for the fed judiciary.)

[Anonymous]

Anonymous wrote:My DH clerked for the U.S. Court of Appeals for the 9th Circuit about 15 years ago. He's now a federal employee, and the clerkship DOES count toward his years of service.

(I'm not a federal employee myself, but I do the household finances. I called some office years ago to inquire, and was told "yes" the clerkship counts. I double-checked by looking at his SCD - service computation date. That reflects the time spent as a law clerk for the fed judiciary.)

The SCD on your SF-50 is not necessarily what is used for FERS. You have a SCD-Leave which is what is on the SF-50. That will include term appointments. You also have a SCD-Retirement, which does not show on your SF-50.

This link confirms that term appointments (i.e. most clerkships) don't count toward your years of service: https://www.opm.gov/retirement-services/fers-information/creditable-service/

I know this because I was a career law clerk for years and explained the ins and outs of HR issues to our term clerks. I also spent 3 years as a term clerk and sadly those years don't count for retirement purposes.

[Anonymous]

Anonymous wrote:

Anonymous wrote:My DH clerked for the U.S. Court of Appeals for the 9th Circuit about 15 years ago. He's now a federal employee, and the clerkship DOES count toward his years of service.

(I'm not a federal employee myself, but I do the household finances. I called some office years ago to inquire, and was told "yes" the clerkship counts. I double-checked by looking at his SCD - service computation date. That reflects the time spent as a law clerk for the fed judiciary.)

The SCD on your SF-50 is not necessarily what is used for FERS. You have a SCD-Leave which is what is on the SF-50. That will include term appointments. You also have a SCD-Retirement, which does not show on your SF-50.

This link confirms that term appointments (i.e. most clerkships) don't count toward your years of service: https://www.opm.gov/retirement-services/fers-information/creditable-service/

I know this because I was a career law clerk for years and explained the ins and outs of HR issues to our term clerks. I also spent 3 years as a term clerk and sadly those years don't count for retirement purposes.

So then how are there people above saying their or their husband's clerkships counted when it seems like opm's link says no?

[Anonymous]

Anonymous wrote:

Anonymous wrote:My DH clerked for the U.S. Court of Appeals for the 9th Circuit about 15 years ago. He's now a federal employee, and the clerkship DOES count toward his years of service.

(I'm not a federal employee myself, but I do the household finances. I called some office years ago to inquire, and was told "yes" the clerkship counts. I double-checked by looking at his SCD - service computation date. That reflects the time spent as a law clerk for the fed judiciary.)

The SCD on your SF-50 is not necessarily what is used for FERS. You have a SCD-Leave which is what is on the SF-50. That will include term appointments. You also have a SCD-Retirement, which does not show on your SF-50.

This link confirms that term appointments (i.e. most clerkships) don't count toward your years of service: https://www.opm.gov/retirement-services/fers-information/creditable-service/

I know this because I was a career law clerk for years and explained the ins and outs of HR issues to our term clerks. I also spent 3 years as a term clerk and sadly those years don't count for retirement purposes.

This is correct, it counts toward your SCD for leave but not retirement, because retirement deductions were not taken out of your paycheck. I have an 18 month difference between my SCD that is on my 50 and my retirement SCD, due to six month internship and one year clerkship. Your retirement SCD may be available online - I have moved between agencies, and don't think it is on USDA Employee Personal Page, but think it was listed in Employee Express when I was on that system.

[Anonymous]

Anonymous wrote:

Anonymous wrote:It took me forever for HR to make the changes, but my clerkship was eventually add to my years of service.

When did you clerk (approx - what years)? What would I need to do/submit to even get HR to look into this? I doubt I have clerkship pay stubs as it’s been 10 years.

About 15 years ago. I was able to get the records from my judge's chambers, but I think my HR was also able to get them from OPM or wherever they are stored. I don't think it was pay stubs. I think it just showed the dates of the clerkship.

[Anonymous]

It only counts at all (towards SCD) if your judge affirmatively opted you into coverage under the Leave Act (meaning you kept track of your time and you accrued a few hours of leave every pay period, etc.).

The default is that clerks are not subject to the Leave Act, and service does not count towards federal service.

[Anonymous]

Not a federal clerkship, but ny two summers are a Holl intern counted, which really surprised me.

[Anonymous]

Anonymous wrote:Not a federal clerkship, but ny two summers are a Holl intern counted, which really surprised me.

Sorry that should say two summers as a Hill intern.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:My DH clerked for the U.S. Court of Appeals for the 9th Circuit about 15 years ago. He's now a federal employee, and the clerkship DOES count toward his years of service.

(I'm not a federal employee myself, but I do the household finances. I called some office years ago to inquire, and was told "yes" the clerkship counts. I double-checked by looking at his SCD - service computation date. That reflects the time spent as a law clerk for the fed judiciary.)

The SCD on your SF-50 is not necessarily what is used for FERS. You have a SCD-Leave which is what is on the SF-50. That will include term appointments. You also have a SCD-Retirement, which does not show on your SF-50.

This link confirms that term appointments (i.e. most clerkships) don't count toward your years of service: https://www.opm.gov/retirement-services/fers-information/creditable-service/

I know this because I was a career law clerk for years and explained the ins and outs of HR issues to our term clerks. I also spent 3 years as a term clerk and sadly those years don't count for retirement purposes.

This is correct, it counts toward your SCD for leave but not retirement, because retirement deductions were not taken out of your paycheck. I have an 18 month difference between my SCD that is on my 50 and my retirement SCD, due to six month internship and one year clerkship. Your retirement SCD may be available online - I have moved between agencies, and don't think it is on USDA Employee Personal Page, but think it was listed in Employee Express when I was on that system.

I'm the PP above whose DH clerked for the 9th Circuit. I don't know if this matters, but I checked my DH's Benefits Statement on the USDA NFC web site, and it says that his Leave SCD is the same as his Retirement SCD. It seems like his clerkship still counts because the SCD otherwise would be earlier than he joined the regular federal government (as opposed to a temp position). I'm not sure why though?