The Office of Personnel Management (OPM) has proposed regulations implementing a 2022 law designed to protect retirement benefits for certain federal first responders who suffer a career-ending, job-related injury or illness.
If finalized, the rule would allow eligible employees who can no longer perform their original duties to move into another federal position without losing valuable enhanced retirement credit. The proposal implements the First Responder Fair RETIRE Act, which Congress passed in 2022 to address a gap in federal retirement law.
Why This Matters
Many federal law enforcement officers, firefighters, air traffic controllers and other public safety employees qualify for enhanced retirement benefits because of the demanding nature of their jobs.
Before the law was passed, an employee injured in the line of duty could lose those enhanced retirement benefits after transferring to a less physically demanding position. Congress changed that by allowing qualifying employees to continue receiving enhanced retirement credit after moving to certain non-covered federal positions.
OPM’s proposal explains how agencies would apply those protections.
Who Could Benefit
The proposal covers certain:
- Federal law enforcement officers
- Firefighters
- Customs and Border Protection officers
- Air traffic controllers
- Nuclear materials couriers
- U.S. Capitol Police officers
- Supreme Court Police officers
Employees must meet several eligibility requirements, including having a qualifying duty-related injury or illness and receiving agency certification. The proposal generally applies to injuries occurring on or after December 9, 2024.
What the Rule Does
If an employee qualifies, the new position could continue to count as a covered position for retirement purposes even though it normally would not.
That means the employee could continue earning enhanced retirement credit instead of losing those benefits simply because the employee could no longer perform the original job. However, the proposal does not guarantee the employee will keep the same salary, overtime, law enforcement availability pay or other special compensation associated with the former position.
What Federal Employees Should Watch
Although the proposal expands retirement protections, eligibility depends on several factors, including:
- Agency certification
- A qualifying reassignment or reappointment
- Meeting the law’s medical requirements
- Avoiding certain breaks in federal service
Employees who believe they may be affected should review the proposal carefully once it is published in the Federal Register and consider submitting comments during OPM’s public comment period.
Overall, the proposal appears to carry out Congress’s intent of protecting retirement benefits for injured federal first responders. The biggest questions are likely to involve how agencies certify qualifying injuries and how consistently they apply the new rules. For eligible federal employees, the proposal could preserve valuable retirement benefits — but it is important to remember that protecting retirement coverage is not the same as protecting current pay.