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Home › Benefits › Reserve and Guard Buyback
Benefits · Topic 23 · Workforce Protection & Special Benefits

Reservists keep the pension. Regular retirees have to give it up.

Reserve retired pay under chapter 1223 is excepted from the waiver requirement.

No waiver
Reserve retired pay, under chapter 1223
3%
Of military basic pay, post-1956 FERS
2 years
Interest-free grace period
Zero
Credit for weekend drills

I The exception

The general rule under 5 U.S.C. 8411(c) is that you must waive military retired pay to receive credit for that service in a FERS annuity. Two exceptions exist.

Retired pay awardedWaiver needed?
Regular length-of-service retirementYes
Combat or instrumentality-of-war disabilityNo
Under chapter 1223 of title 10 — reserve retirementNo
What that means in plain terms

A reservist can make the deposit, add the active-duty years to their federal service, and still collect reserve retired pay at 60. A regular military retiree wanting the same civilian credit must give up their military pension. Two people with the same twenty years face completely different decisions.

Chapter 1223 is the non-regular retirement — the points-based reserve pension collectible at 60. If that is what you will draw, the waiver requirement simply does not reach you.

II What actually counts

Here is where reserve careers shrink on paper.

ServiceCreditable?
Active dutyYes
Active duty for trainingYes
Inactive duty training — weekend drillsNo

Twenty years, eight creditable

A reservist with a twenty-year career: eight years of active duty across several mobilisations, twelve years of drilling.

The deposit covers the eight. The twelve years of inactive duty training add nothing to the civilian annuity, however many retirement points they earned on the military side.

Eight years at 1 percent of a federal high-3 is still a substantial permanent increase — but start from the real number, not the career length.

III Guard service

A second filter applies to the National Guard. Service generally qualifies only where it was performed in the service of the United States rather than of a State.

Federal active duty counts. Duty performed under state authority ordinarily does not. A Guard career frequently mixes both, sometimes within the same year, which makes your DD-214 and the underlying orders the documents that decide the question.

Do not estimate this from memory

Guard members are the group most likely to be surprised here, in both directions — some assume none of it counts when substantial federal activations do, others assume all of it counts when much was state duty. Get the orders out before you get the calculator out.

IV Deposit Estimator

5 U.S.C. 8411 · FERS post-1956

What Would the Deposit Buy?

Creditable active duty, years
Active duty and active duty for training only.
Total military basic pay earned
Your federal high-3
Retired pay you will draw
Years since your interest accrual date
$7,200
Estimated deposit
Annuity added
$9,600
per year, for life
Payback
0.8 yrs
to recover the deposit
Reserve pension
Kept
no waiver required

V Cost and interest

For FERS, the deposit is 3 percent of the military basic pay earned during the creditable service, plus interest once the interest accrual date passes.

Retirement law gives a two-year interest-free grace period. The interest accrual date is set from your date of employment in a covered position and does not change afterwards — not even if you have breaks in civilian service.

Which is an argument for doing it now

The deposit itself is fixed at 3 percent of pay you earned years ago. What grows is the interest. People who postpone the paperwork for a decade pay materially more for exactly the same credit, and the grace period does not restart.

If you already made a deposit under section 8334(j) or a similar prior provision and never took a refund, you are allowed credit without regard to the FERS deposit requirement, and may claim a refund of the difference. Raise that with HR rather than paying twice. See deposits and redeposits.

VI The order of operations

Each step depends on the one before, and the whole thing must finish before you separate from civilian service.

StepWhat
1Send RI 20-97 and your DD-214 to your branch’s military pay centre
2Take the earnings estimate to your servicing HR office
3HR computes the deposit
4Pay it, in full, before you separate

There is no route to fixing this after separation. That single fact is why the paperwork is worth starting the year you discover it rather than the year you retire.

VII Playbook

SituationWhat to do
Reservist heading for a chapter 1223 pensionBuy back the active duty. You keep both.
Regular military retireeYou must waive retired pay. Different arithmetic entirely.
Combat or war-instrumentality disability payAlso excepted from the waiver requirement.
Twenty-year reserve careerCount only the active duty. Drills add nothing here.
National Guard serviceFederal activations count. State duty generally does not.
Just discovered thisStart RI 20-97 now. Interest grows, the grace period does not restart.
Already deposited under CSRS rulesYou may be owed a refund of the difference. Ask HR.
Approaching retirementThe deposit must be complete before separation. No fixing it later.
Action checklist

Getting the credit

  • Establish which retirement you will draw — reserve or regular.
  • Pull your DD-214s and orders and separate active duty from drills.
  • For Guard service, identify which periods were federal rather than state.
  • Send RI 20-97 with your DD-214 to your branch’s pay centre.
  • Take the earnings estimate to your servicing HR office.
  • Ask HR for your interest accrual date and what interest has accrued.
  • Check whether any prior deposit under 8334(j) already covers you.
  • Complete payment before you separate from civilian service.

Questions

No, and this is the provision that makes buyback so much more attractive for reservists than for regular retirees. Under 5 U.S.C. 8411(c) an employee must generally waive military retired pay to receive credit for military service in a FERS annuity, but the requirement does not apply where the retired pay is awarded under chapter 1223 of title 10, which is the non-regular or reserve retirement. So a reservist can make the deposit, take civilian credit for the active duty periods, and still draw reserve retired pay at 60.

Retired pay awarded on account of a service-connected disability either incurred in combat with an enemy of the United States, or caused by an instrumentality of war and incurred in the line of duty during a period of war. That exception and the chapter 1223 exception are the only two. A regular military retiree drawing ordinary length-of-service retired pay who wants civilian credit must waive that pay, which is a very different decision from the one a reservist faces.

No. Only active duty and active duty for training are creditable. Inactive duty training, which is what a weekend drill is, does not count toward a military deposit and cannot be added to your civilian service. A reservist with twenty years of service may have only a few years of creditable active duty inside it, so the honest starting point is to work out how much genuine active duty time you actually have before doing any arithmetic about cost or benefit.

Generally only when it was performed in the service of the United States rather than of a State. Guard duty performed under state authority does not ordinarily qualify for credit under FERS, while federal active duty does. Because a Guard career can mix both, the documentation matters enormously, and your DD-214 or equivalent orders are what establish which periods were federal service. Do not assume a long Guard career produces a long creditable period.

For FERS employees the deposit for post-1956 military service is 3 percent of the military basic pay you earned during that service, plus interest once the interest accrual date passes. Retirement law provides a two-year interest-free grace period, and the interest accrual date is set from your date of employment in a covered position and does not change afterwards, even if you have breaks in civilian service. The practical consequence is that paying early is materially cheaper than paying late.

In sequence, and the order matters because each step depends on the one before. Send Form RI 20-97, Estimated Earnings During Military Service, together with a copy of your DD-214, to the military pay centre for your branch. Take the earnings estimate they return to your servicing human resources office, which computes the deposit. Then pay it. The deposit must be completed before you separate from civilian service, and there is no route to fixing it afterwards.

For a reservist it very often is, because the cost is 3 percent of what was usually modest military basic pay while the benefit is 1 percent of your much higher federal high-3 for every year added, payable for life. Added service also counts toward retirement eligibility, which can move your retirement date as well as your annuity. Run your own numbers, but the arithmetic favours buyback far more frequently for reservists than people assume.

There is a provision for that. An employee who has made a deposit under section 8334(j), or a similar prior provision, for a period of military service and has not taken a refund is allowed credit for that service without regard to the FERS deposit requirement, and may apply for a refund of the difference between what was deposited and what would have been required under FERS. If you transferred to FERS with a CSRS component, raise this with your HR office rather than paying twice.