LEO Status
Answers to Frequently-Asked Questions about the New LEO Provision




Q: Why is this provision not retroactive, at least until 2003?

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A: 1. Congress has not been willing to pay for the cost of retroactivity.

2. More current CBPOs would benefit from the immediate application of a higher annuity formula than would benefit from reducing the service requirement for any LEO benefit from 20 years to 16 years.

3. Any retroactive coverage requires CBPOs to pay .5% of their salary for each year of retroactivity.


Q: Are CBP Agriculture Specialists included in this provision?

A. No. This provision only covers CBPO job series 1895.


Q: Is there any type of age limit?

A: For those CBPOs on board as of July 1, 2008, the normal LEO retirement age of 57 is waived, so there is no age limit. All new CBPO hires after July 1, 2008 will be subject to the maximum entry age requirement as established by the CBP Commissioner (normally age 37 and mandatory retirement age of 57).


Q: Are we required to put in 20 years from July 1, 2008?

A: No, not if you do not need 20 more years to be eligible for a full annuity in the current systems. Keep in mind that this legislation will create a transition from the normal CSRS or FERS retirement to a LEO retirement. On-board CBPOs will be eligible to receive the more generous annuity formula of LEO for every year they work past July 2008. They will be eligible for an immediate annuity after meeting the usual FERS or CSRS age and service requirements (combining pre-2008 non-LEO service and post-2008 LEO service to meet those usual requirements), or they will be eligible to retire by LEO age and service requirements, normally 50 years old with 20 years of service (with LEO service beginning July 2008), whichever comes first.


Q: Would military service be included in LEO retirement?

A: There is no change in treatment of military service.


Q: Would prior LEO service count toward LEO retirement? For example, a Border Patrol Agent with 5 years of LEO service who transferred to CBPO prior to July 1, 2008? After July 1, 2008?

A. That is the intent.


Q: What about the approximately 200 CBPOs (enforcement) who already have LEO retirement coverage?

A. This change will not affect them.






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