Last Updated: July 22, 2026 Reading Time: 8 min

For almost four years, a federal law enforcement officer or firefighter who got permanently hurt on the job faced a brutal trade: retire on disability immediately, or take a desk job and forfeit the enhanced 6(c) retirement package they'd been paying extra for their whole career. Congress fixed that on paper in December 2022. On July 22, 2026, OPM finally published the proposed rule that makes the fix real, and it comes with a comment deadline of September 21, 2026 and one retroactivity catch that affected employees need to see.

The problem this rule finally fixes

6(c) special-provision employees, law enforcement officers, firefighters, air traffic controllers, nuclear materials couriers, Capitol Police, and Supreme Court Police, pay an extra 0.5% of salary their entire careers for a distinct retirement deal: a 1.7% annuity multiplier on the first 20 years, retirement eligibility at age 50 with 20 years (or any age with 25), and an immediate FERS supplement with no earnings test until MRA.

Before this law, a career-ending duty injury broke that deal. An officer 15 years into a 20-year career who transferred to a civilian GS position dropped to the regular 1.0% multiplier, lost the age-50 retirement door, and watched the years of extra contributions buy nothing. The alternative, immediate disability retirement, froze their service credit on the spot.

The First Responder Fair RETIRE Act (P.L. 117-225) lets the post-injury service in a non-covered federal job count as covered 6(c) service for both the computation and the eligibility clock. OPM's proposed rule, amending 5 CFR parts 831 and 842, is the machinery that will make agencies actually administer it.

What keeping 6(c) is worth

Regular FERS 6(c) retained
Multiplier, first 20 years 1.0% 1.7%
Annuity at $100K High-3, 20 years $20,000/yr $34,000/yr
Earliest unreduced retirement MRA + 30 (typically 57) Age 50 with 20, or any age with 25
FERS supplement At MRA+30/62 rules Immediately at retirement, earnings-test-exempt until MRA
Employee contribution (post-2014 hires) 4.4% 4.9%

The $14,000-a-year gap compounds: across a 20-year retirement that is roughly $280,000 in annuity alone, before the supplement bridge (worth $6,000 to $14,400 a year until 62) and the earlier start date.

Model your own numbers with the LEO Special Retirement Calculator, or compare against the standard formula with the FERS Retirement Calculator.

The four conditions, and the three-day rule

To retain coverage under the proposed rule, all four must be true:

  1. Direct result of duty performance. The injury or illness must be causally tied to performing the job, a tighter standard than a general "in the line of duty."
  2. Permanently unable to continue rendering useful and efficient service in the covered position.
  3. Not yet retirement-eligible, voluntary or mandatory, at the time of transfer.
  4. Transfer to another federal position within three days of leaving the covered position. No break-in-service exception exists in the statute.

The three-day window deserves attention in comments. An injured employee navigating a medical board process and a job search is expected to line up the next federal position with essentially zero gap. Miss it and the retained coverage is gone. Employees can also opt out of the special treatment entirely, which matters for anyone weighing disability retirement against continued service.

The December 9, 2024 retroactivity gap

The catch has gotten almost no coverage: the law was signed December 9, 2022, but the proposed rule only reaches injuries occurring on or after December 9, 2024.

That leaves a two-year class of first responders, injured after Congress promised the fix but before the date the rule recognizes, outside the protection entirely. If that's you or a colleague, the comment period is the venue: docket OPM-2024-0014 at regulations.gov, by September 21, 2026. (Some early coverage reported a September 30 deadline; the Federal Register notice says September 21. Use the earlier date.)

What to do before September 21

  • If you were injured on or after December 9, 2024 and moved (or are moving) to a non-covered position: document the duty-injury causation now, track the three-day transfer timing, and watch for the final rule's election procedures.
  • If you were injured in the 2022–2024 gap: file a comment. Retroactivity to the enactment date is precisely the kind of change a rulemaking record can support.
  • If you're a currently healthy 6(c) employee: nothing to elect, but know the protection exists. It changes the calculus on reporting injuries and accepting reassignment offers.
  • Union locals: FLEOA, AFGE, NTEU, and IAFF locals will file comments; individual employee comments describing concrete situations carry evidentiary weight in the record.

Calculate your 6(c) retirement

Run your enhanced-coverage numbers, age-50 eligibility, the 1.7% first-20 computation, and the supplement bridge, with the LEO Special Retirement Calculator. If you're comparing a keep-coverage transfer against disability retirement, model both ends with the FERS Retirement Calculator and the FERS Supplement Calculator.

Frequently Asked Questions

What does OPM's new first responder retirement rule do?

It implements the First Responder Fair RETIRE Act of 2022. 6(c) special-provision employees who suffer a duty-related permanent injury and transfer to a non-covered federal job keep their enhanced retirement coverage, including the 1.7% multiplier and the age-50/20-year eligibility.

Am I covered if I was injured in 2023?

No. The proposed rule only covers injuries on or after December 9, 2024, despite the law being signed December 9, 2022. The two-year gap class is excluded as drafted, which is a prime issue for the comment period.

What is 6(c) coverage worth compared to regular FERS?

1.7% versus 1.0% on the first 20 years. At a $100,000 High-3 with 20 years, that's $34,000 versus $20,000 per year, before earlier eligibility and the FERS supplement.

What are the conditions to keep coverage after an injury?

Duty-caused injury, permanent inability to continue in the covered job, not yet retirement-eligible, and transfer to another federal position within three days.

When is the comment deadline and how do I comment?

September 21, 2026, at regulations.gov, docket OPM-2024-0014 (document 2026-14751).

Do I keep paying the higher 6(c) contribution rate after transferring?

Yes. Retained status carries the 0.5% premium, such as 4.9% instead of 4.4% for post-2014 hires, while you serve in the non-covered position.

Sources: Federal Register 2026-14751 (91 FR 46012), P.L. 117-225, OPM FERS computation, Senate Report 117-173.