Dual Employment (More Than 1 Job)
Generally Federal employees, civilian and military, are prohibited from receiving pay from more than one Federal Government source. The laws on dual employment apply to agencies in the executive, legislative and judicial branches, corporations owned or controlled by the Government, and nonappropriated fund organizations under the jurisdiction of the armed forces.

Can Civilian Federal Employees Hold More Than One Government Job?

[Refer to section 5533 of title 5, United States Code* (U.S.C), and subpart E of part 550 of title 5, Code of Federal Regulations* (CFG).1]

• the jobs total no more than 40 hours of work a week, Sunday to Saturday (excluding overtime); or

• there is an authorized exception.

Authorized Exceptions to the limitation on pay for more than 40 hours a week include:

• exceptions in law, e.g., with agency approval Federal employees can work for the U. S. Postal Service [Refer to section 1001 of title 39, U.S.C.];

• emergency services relating to health, safety, protection of life or property, or national emergency;

• expert and consultant jobs when working different hours as an intermittent employee; and

• fee paid on other than a time basis (lump-sum pay for a report, research product or service not based on the number of hours or days worked).

[Refer to section 550.504(a) of title 5, CFR.]

[Refer to part 2635 of title 5, CFR.]

[For example: see section 1001.735-203 of title 5, CFR.]

[See section 2635.803 of title 5, CFR.]

Can Members of a Uniformed Service Hold Civilian Government Jobs?
Members of a Uniformed Service (Army, Navy, Marines, Air Force, etc.) on active duty may not receive pay from another Government position, except during terminal leave, or unless specifically authorized by law.

[Refer to section 5534(a) of title 5, U.S.C.].

[Refer to DOD 1401.1-M, Personnel Policy Manual for Nonappropriated Fund Instrumentalities.]

[Refer to section 5534 of title 5, U.S.C.]

[Refer to section 22 of Public Law 93-198 and DC Law 2-139 as amended by DC Law 3- 109, which ended the U.S.C. and CFR prohibition.]

RETIREES CAN WORK FOR THE FEDERAL GOVERNMENT!

HOWEVER:

FEDERAL CIVILIAN RETIREES WILL HAVE THEIR SALARY REDUCED BY THE AMOUNT OF THEIR ANNUITY UNLESS AN EXCEPTION IS APPROVED; and

RETIREES UNDER AGE 70 MAY HAVE THEIR SOCIAL SECURITY CHECK REDUCED IF THEIR ANNUAL EARNINGS EXCEED THE ESTABLISHED LIMIT.

Federal Retirees under CSRS and FERS
Most retirees under the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS) will have their hourly pay reduced by the hourly rate of the annuity when reemployed by the Federal government. This reduction is required by dual compensation laws 5 U.S.C. 8344 (www.law.cornell.edu/uscode/5/8344.html) and 8468 (www.law.cornell.edu/uscode/5/8468.html). These laws apply to Federal jobs in the legislative, executive, and judicial branches (including Government corporations, nonappropriated fund instrumentalities under the jurisdiction of the armed forces, and the U.S. Postal Service). Generally, the law requires that the employing agency reduce the retiree's hourly pay by the hourly rate of their annuity. This reduction equals the retiree's annual annuity divided by 2087. For example, if a job's gross pay is $15.80 per hour and a retiree's hourly annuity rate is $5.80, then the retiree's gross pay is reduced to $10.00 per hour. If a retiree works for a year, his/her retirement is recalculated with this added service. For details, see CSRS and FERS Handbook, C100 (http://www.opm.gov/asd/htm/hod.htm ).

Note: If retirement was due to involuntary separation or disability, the annuity may terminate upon reemployment. These retirees should check with the employing agency or call the Retirement Information Office at 1-888-767-6738.

Military Retirees
Retirees of U.S. Uniformed Services are now treated as other retirees (see next heading). Prior reductions in military retired pay were repealed by P.L. 106-65 in October 1999. For details, see OPM's Memorandum to Directors of Personnel (www.opm.gov/veterans/html/repeal_memo.htm ).

Other Retirees - Private Sector, State, and Local Government
Generally, when other retirees become a Federal employee there is NO reduction in their Federal pay or in their retirement pay or annuity. However, paid work may reduce Social Security retirement, survivors or disability benefits if earnings exceed the established limits. For details, contact the Social Security Administration at 1-800-772-1213 or see Social Security - How Work Affects Your Benefits (www.ssa.gov/pubs/10069.html ).

Exceptions for CSRS and FERS Retirees
Federal agencies may request authority to waive the salary reduction in special and unusual circumstances. The law limits waivers to "positions for which there is exceptional difficulty recruiting or retaining a qualified employee" and to temporary employment while "the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances." Agencies can use criteria and procedures in 5 CFR part 553 (www.opm.gov/cfr/vol_1/5cfr553.htm ) to request exceptions. Generally, to qualify for an exception, a retiree must be the only qualified applicant available or be uniquely qualified for the job. Generally, the USAJOBS (www.usajobs.opm.gov) vacancy notice will indicate when an agency has waiver authority or anticipates requesting it.

Do Retirees Retain Reinstatement Eligibility?
Yes. Retirees who obtained Federal reinstatement eligibility (www.usajobs.opm.gov/ei2.asp) before they retired do NOT lose it because they retire.

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