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Do federal employees have to retire at 65?

4 min read

According to a Congressional Research Service report, nearly 85% of federal retirements in 2022 were voluntary. While a mandatory retirement age of 70 once existed, most federal employees are no longer required to retire at a specific age, including 65. However, key exceptions apply to certain physically demanding occupations, such as law enforcement officers, firefighters, and air traffic controllers.

Quick Summary

This article explains that most federal employees do not have a mandatory retirement age, a policy that was abolished for most workers in the 1980s. It details the specific occupations, such as law enforcement and firefighting, that still have legally-enforced age limits. The article also provides a comparison of the Federal Employees Retirement System (FERS) and Civil Service Retirement System (CSRS) and outlines eligibility for retirement benefits.

Key Points

  • No Mandatory Age for Most Federal Employees: The majority of federal employees are not forced to retire at 65; this rule was abolished in the 1980s by the Age Discrimination in Employment Act.

  • Exceptions for Specific High-Risk Roles: Certain physically demanding federal professions, such as law enforcement officers (LEOs), firefighters, and air traffic controllers (ATCs), have legally-enforced mandatory retirement ages, typically 57 and 56 respectively. More details can be found on {Link: Fedweek https://www.fedweek.com/ask/federal-retirement/retirement-eligibility/} and {Link: SmartAsset https://smartasset.com/retirement/best-age-to-retire-from-federal-government}.

  • Retirement Depends on Age and Service: For most federal workers, retirement eligibility and benefits are determined by a combination of their age and years of service under either the Federal Employees Retirement System (FERS) or the Civil Service Retirement System (CSRS).

  • FEHB Continuity Requires 5 Years Enrollment: To carry Federal Employees Health Benefits (FEHB) into retirement, employees must be continuously enrolled for the five years immediately preceding their retirement.

  • Planning Is Key: Making the right retirement decision involves carefully considering your high-3 average salary, the impact of Social Security, TSP savings, and potential age-based reductions to your annuity.

  • Exceptions Can Be Granted for Special Cases: Agency heads can sometimes grant waivers to mandatory retirement ages, typically in the public interest and with specific limitations. More details can be found on {Link: Fedweek https://www.fedweek.com/ask/federal-retirement/retirement-eligibility/} and {Link: SmartAsset https://smartasset.com/retirement/best-age-to-retire-from-federal-government}.

In This Article

Do Most Federal Employees Face a Mandatory Retirement Age?

For the majority of the federal workforce, mandatory retirement at a specific age, such as 65, is a thing of the past. The Age Discrimination in Employment Act (ADEA) of 1967 and subsequent congressional action in 1986 abolished the policy of forcing most federal workers to retire solely based on their age. This was a significant shift from an earlier era, when a mandatory retirement age of 70 was the standard for most federal civilian positions.

Today, the decision to retire for most is a personal one, based on their financial readiness and personal circumstances. Federal employees can continue to work as long as they are able to perform their job duties, with their eligibility for retirement benefits determined by a combination of age and years of service, not a fixed, mandatory cutoff.

Exceptions to the General Rule

While the general rule is no mandatory retirement, certain physically demanding and high-risk federal professions are subject to specific age limits. These exceptions are legally enforced to ensure public safety and reflect the strenuous nature of the work. Mandatory retirement ages apply to federal law enforcement officers (typically 57), federal firefighters (typically 57), air traffic controllers (typically 56), some intelligence community personnel (60 or 65), and Foreign Service Officers (generally 65). More details on these exceptions and the specific requirements can be found on {Link: Fedweek https://www.fedweek.com/ask/federal-retirement/retirement-eligibility/} and {Link: SmartAsset https://smartasset.com/retirement/best-age-to-retire-from-federal-government}.

Comparing FERS and CSRS Retirement Rules

For federal employees, retirement benefits fall under one of two main systems, each with its own set of rules and requirements for voluntary retirement. The main systems are the Federal Employees Retirement System (FERS), covering those hired on or after January 1, 1984, or who opted in, and the Civil Service Retirement System (CSRS), covering most hired before that date. Eligibility for retirement benefits under both systems depends on age and years of service. Further details comparing the features of FERS and CSRS are available on {Link: Fedweek https://www.fedweek.com/ask/federal-retirement/retirement-eligibility/} and {Link: SmartAsset https://smartasset.com/retirement/best-age-to-retire-from-federal-government}.

Retirement Considerations and Planning

Choosing when to retire is a complex decision for federal employees, even without a mandatory age constraint. Here are some factors to consider:

  1. High-3 Salary Calculation: Your retirement annuity is calculated using the average of your highest three consecutive years of basic pay. Working longer could increase this average and your pension.
  2. Federal Employees Health Benefits (FEHB): To carry FEHB into retirement, you must have been continuously enrolled for the five years immediately preceding retirement.
  3. Social Security: Under FERS, your full retirement age for Social Security is based on your birth year, potentially up to 67. Claiming Social Security earlier results in reduced benefits.
  4. Thrift Savings Plan (TSP): The TSP is a key part of FERS retirement, similar to a 401(k). Your savings and investment performance impact your financial readiness.
  5. Age-Related Annuity Reductions: Retiring at your MRA with fewer than 30 years of service under FERS's MRA+10 provision results in a permanent annuity reduction. Postponing your annuity can help avoid or reduce this penalty.

Conclusion

While a mandatory retirement age of 65 is no longer the standard for most federal employees, it is not universally true. The majority of federal workers have flexibility in choosing their retirement date based on age and service requirements under FERS or CSRS. However, specific physically demanding roles still have mandatory retirement ages for public safety. Federal employees should understand their specific retirement system rules and consider key factors like salary, health benefits, and personal savings when planning their retirement.

What are the rules for early and deferred retirement?

Early optional retirement may be offered during reorganizations or reductions in force, typically at age 50 with 20 years of service or any age with 25 years. Deferred retirement is for those leaving federal service before immediate eligibility. With at least 5 years of creditable civilian service, a deferred annuity can be claimed later when age requirements are met. More information can be found at {Link: Congress.gov https://www.congress.gov/crs-product/R47084}.

What happens if I want to keep working past my mandatory retirement age?

Exceptions to mandatory retirement are rare but possible. Agency heads can grant exemptions up to age 60 in the public interest. The FBI Director can grant exceptions for law enforcement officers up to age 65 for a limited number of employees. Exceptions are typically case-by-case.

Do all federal law enforcement officers have the same mandatory retirement age?

The standard mandatory retirement age for many federal law enforcement officers is 57, but it is not universal. It may not apply to officers hired before certain dates or those not in special retirement provisions. Rules can also vary for those in the intelligence community or other specialized roles.

Can a federal agency force an employee to retire if there is no mandatory age?

Under the Age Discrimination in Employment Act (ADEA), it is illegal for a federal agency to force retirement based on age. While age discrimination can be subtle, an employee performing satisfactorily cannot be forced to retire.

How does the Minimum Retirement Age (MRA) work with FERS?

The FERS Minimum Retirement Age (MRA) is 55 to 57, depending on your birth year. This is the earliest age to retire with a benefit, requiring at least 10 years of service. An unreduced benefit at MRA requires 30 years. With fewer than 30 years, the benefit is reduced unless postponed. More details on retirement eligibility can be found on {Link: Fedweek https://www.fedweek.com/ask/federal-retirement/retirement-eligibility/}.

How are military service years counted toward federal retirement?

Military service can often count towards federal retirement, requiring specific rules and a deposit. While increasing total years for annuity calculation, military service typically doesn't meet minimum service requirements for mandatory retirement roles like law enforcement.

Are federal judges subject to mandatory retirement?

No, federal judges do not have a mandatory retirement age. Article III of the Constitution grants them lifetime tenure during "good Behaviour".

Frequently Asked Questions

No, most federal employees are not required to retire at age 65. Mandatory retirement for most of the federal workforce was abolished by congressional action in the 1980s. Exceptions apply only to certain specific, high-risk occupations.

Federal law enforcement officers (LEOs), such as FBI agents and U.S. Marshals, generally have a mandatory retirement age of 57, provided they have completed 20 years of law enforcement service. More details can be found on {Link: Fedweek https://www.fedweek.com/ask/federal-retirement/retirement-eligibility/} and {Link: SmartAsset https://smartasset.com/retirement/best-age-to-retire-from-federal-government}.

Yes, federal firefighters are subject to a mandatory retirement age of 57, provided they have at least 20 years of service. More details can be found on {Link: Fedweek https://www.fedweek.com/ask/federal-retirement/retirement-eligibility/} and {Link: SmartAsset https://smartasset.com/retirement/best-age-to-retire-from-federal-government}.

Yes, federal air traffic controllers must retire at age 56 due to the high-stress nature of their work and its impact on performance. More details can be found on {Link: Fedweek https://www.fedweek.com/ask/federal-retirement/retirement-eligibility/} and {Link: SmartAsset https://smartasset.com/retirement/best-age-to-retire-from-federal-government}.

The Minimum Retirement Age (MRA) for FERS employees ranges from 55 to 57, depending on your birth year. You can retire with benefits at your MRA if you have at least 10 years of service, though the benefit may be reduced. More details can be found on {Link: Fedweek https://www.fedweek.com/ask/federal-retirement/retirement-eligibility/} and {Link: SmartAsset https://smartasset.com/retirement/best-age-to-retire-from-federal-government}.

Yes, if you retire at your MRA with 10 or more years of service but fewer than 30, you can postpone receiving your annuity. This allows you to avoid or reduce the permanent benefit reduction that applies to those who take an immediate annuity at their MRA with fewer than 30 years of service. More details can be found on {Link: Fedweek https://www.fedweek.com/ask/federal-retirement/retirement-eligibility/} and {Link: SmartAsset https://smartasset.com/retirement/best-age-to-retire-from-federal-government}.

While military service can often be credited towards calculating your total service years for annuity purposes, it generally does not count toward the minimum service requirements for mandatory retirement in special provisions roles, like law enforcement or firefighting. More details can be found on {Link: Fedweek https://www.fedweek.com/ask/federal-retirement/retirement-eligibility/} and {Link: SmartAsset https://smartasset.com/retirement/best-age-to-retire-from-federal-government}.

No, federal judges do not have a mandatory retirement age. Article III of the Constitution grants them lifetime tenure during "good Behaviour".

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Medical Disclaimer

This content is for informational purposes only and should not replace professional medical advice. Always consult a qualified healthcare provider regarding personal health decisions.