There is a special retirement program for federal law enforcement officials that provides full retirement benefits at age 50 if the person has 20 years service. Mr. McCabe was two days short of the age requirement so he does not qualify under this program. If he reenters federal service in a capacity other than law enforcement, he will be under a different retirement program and, while he will get credit for prior service, he will have to meet the requirements for that program. An additional two days service in a congressional office will not likely qualify him for retirement under the law enforcement retirement program.
I am almost certain of the above information but would defer to someone with greater knowledge.
Personally, I have no idea. Here’s what the Washington Post is saying:
“McCabe’s team is confident that he had at least 20 years of law enforcement work under his belt — defined as carrying a weapon or supervising people who do — which made him eligible to retire on his 50th birthday on Sunday, with full retirement benefits.
With those 20 years, he would need to just go to work with the federal government for another day or so in any job he pleases, whether that’s as a election security analyst for a Wisconsin congressman or a typist for a day, to get full benefits, said the former official who spoke to The Fix. The job doesn’t matter so much as the fact that he’s working within the federal government with the same retirement benefits until or after his 50th birthday. (Though this former official stressed that it would probably look more ethical if McCabe worked for at least a pay period rather than just one day.)
McCabe began working at the FBI’s New York field office in 1996, was promoted to a supervisor position at the FBI’s headquarters in 2006, and held various jobs at the bureau until 2016, when he was named deputy director. His final job at the FBI was an executive perch that likely doesn’t count toward his law enforcement job, said the former retirement official.
McCabe stepped down from his FBI job in January...but he had been using up accumulated leave to get to his birthday to receive full retirement benefits...