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More questions than answers about possible RIFs, deferred resignation program

More questions than answers about possible RIFs, deferred resignation program

Federal Benefits Financial News News

By Jason Miller


Editor’s note: This story has been updated to remove direct quotes from the town hall meeting, which Rep. Vindman’s staff said was “off the record.”

Federal employees received an email around 1 a.m. reminding them that the deferred resignation program ends today at 11:59 p.m.

The email said, “There will NOT be an extension of this program.”

But today U.S. District Court Judge George O’Toole, Jr. heard from both the government and from the unions about the program and issued a temporary restraining order on the deferred resignation program on Monday when another hearing will be held.

This stems from the American Federation of Government Employees, the American Federation of State, County and Municipal Employees, and the National Association of Government Employees lawsuit saying the program violates the Administrative Procedure Act (APA) and other federal laws.

The decision whether to take this offer has been met with a mix of anxiety, uncertainty and defiance.

One member of the Senior Executive Service who works at a law enforcement agency told Federal News Network that they are likely to take the deferred resignation offer, but the decision to leave more than 3 dozen members of their team is giving them sleepless nights.

Others on the FedNews Reddit page commented that they plan to stay in their jobs and question the validity of the program.

An OPM spokesperson told Federal News Network that the program is legal and has undergone “extensive legal review.”

“This is a purely voluntary program that employees can choose to opt into. 5 CFR 715.202 governs voluntary resignations, and the program complies with that regulation,” the spokesperson said. “Ahead of their departure, a worker who accepts this agreement may sign a legal contract that provides binding assurance they will not be subject to future reduction in forces (RIFs), not be expected to work and they will be eligible for backpay even if there is a lapse in appropriations. OPM has circulated a template contract to agencies, and agencies are circulating to all employees.”

The OPM spokesperson said they expect a spike in the number of people who take the offer over the last two days. The White House says about 40,000 people took the resignation offer.

It’s a lot to take in for federal employees and the short time frame to decide is opening the door for more questions than answers. OPM has routinely updated its frequently asked questions page over the last week.


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