Resignation and Crime Provisions

Question: “My agency suspended me indefinitely under the crime provisions. I have 2 questions: a) Can I resign/request removal before my agency completes an investigation? b) If separation is granted(?), would I be able to request full withdrawal of my TSP (roll into IRA)?”

Answer:  Yes.  You can resign from your position in federal service at any time; you do not need agency approval to do this and you do not need the agency to “grant” you a resignation.  However, you would not want to “request removal” because in essence, you are asking to be removed (fired).  Whether you resign or are removed, you retain access to your Thrift Savings Plan (TSP).  TSP is seperate from your agency.

If you do elect to resign, we recommend you document your resignation in writing to the agency and indicated you are resigning for “personal reasons” and followup to make sure the SF-50 is coded correctly.  Note, if you are not serving on an initial appointment probationary or trial period required by civil service or agency regulations, or you are otherwise serving under an appointment that provides appeal rights, the agency may document “adverse agency findings” on your final SF-50 (notification of personnel action).  These findings, located in the remarks section of the SF-50, may reference the indefinite suspension.  You should seek to negotiate a “clean 50” that would not document these remarks.  Most agency representatives are amenable to such an arrangement.  However, recent Executive Orders are constraining agencies in this regard.  

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