Attorneys for Federal Employees — Nationwide
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Today at a Glance
- TRICARE TRANSITION COVERAGE: The Pentagon dropped its rule requiring National Guard and Reserve members to tie their active-duty service to a war or contingency operation to qualify for 180 days of premium-free TRICARE after leaving active duty — and troops denied on or after April 24, 2020 can now seek reimbursement.
- CDC ONE YEAR LATER: A year after the shooting at CDC headquarters in Atlanta, employees say they are still struggling, and the Senate has confirmed a new agency director, Erica Schwartz, who takes over an agency that has shrunk by nearly 30 percent since 2024.
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2027 RETIREMENT COLA: The count toward the January 2027 retirement cost-of-living adjustment held at 3.1 percent through July, with two months left before the final number is set in mid-October.
Top Stories:
1. The Pentagon Drops Its "War Connection" Test for Transition Health Care — and Opens the Door to Six Years of Reimbursements
Source: Federal News Network, August 14, 2026
TL;DR: In an August 10 memo, Under Secretary of Defense for Personnel and Readiness Anthony Tata directed that reserve component members no longer need to show their active-duty service was "substantively connected in some way to a war, a contingency operation or a national emergency" to qualify for the Transitional Assistance Management Program, known as TAMP. TAMP provides 180 days of premium-free TRICARE medical and dental coverage to eligible service members and their families after active-duty orders end. The change follows a class action lawsuit by National Guard and Reserve members who argued the Pentagon conditioned TAMP eligibility on an internal coding requirement in the Defense Enrollment Eligibility Reporting System (DEERS) that appears nowhere in the statute. The lead plaintiff, Navy Reserve Lt. Cmdr. Anthony Gontarz, was disenrolled from TRICARE one month after separating from nearly four years of active-duty orders. Under the new policy, troops denied TAMP benefits on or after April 24, 2020 can seek reimbursement through the Defense Health Agency for premiums and out-of-pocket costs they incurred as a result. The plaintiffs' counsel welcomed the change but has not agreed to dismiss the case while they assess whether the policy fully addresses their claims. More than 160,000 reserve component members were authorized to serve on active duty for operational support in fiscal 2026 alone.
For federal employees, this means:
- If you serve in the Guard or Reserve — or did at any point since April 2020 — and you were denied TAMP or dropped from TRICARE after coming off active-duty orders of more than 30 days, you may be able to recover premiums and out-of-pocket health costs through the Defense Health Agency.
- Gather your records now: active-duty orders, separation dates, any TRICARE disenrollment notices, and receipts for health costs you paid during what should have been your 180-day transition window.
- Going forward, eligibility no longer turns on whether your orders were coded as supporting a contingency operation. If you are told that Active Duty for Operational Support or training orders "do not qualify," that answer is out of date under the August 10 memo — ask for the decision in writing.
Legal Insight
TAMP is a statutory benefit codified at 10 U.S.C. § 1145, which provides transitional health care to certain members separating from active duty of more than 30 days. The lawsuit contends DoD layered an administrative coding requirement onto eligibility that the statute does not contain, and the April 24, 2020 reimbursement date tracks the six-year limitations period for civil actions against the government under 28 U.S.C. § 2401(a), according to Federal News Network's reporting. Federal civilian employees who serve in the reserve components also carry separate reemployment and non-discrimination protections under USERRA, 38 U.S.C. §§ 4301-4335, when they return from military service. If you were denied TAMP coverage and are unsure what the reimbursement process now allows, consider consulting a federal employment attorney before assuming the denial was final.
2. A Year After the CDC Shooting, Employees Say They Are Still Struggling — and a New Director Takes Over
Source: Government Executive, August 11, 2026
TL;DR: About a year ago, a gunman opposed to the COVID-19 vaccine opened fire on the Centers for Disease Control and Prevention headquarters in Atlanta, killing responding police officer David Rose. Yolanda Jacobs, president of the union local representing CDC headquarters employees, said during an August 7 press conference that damage from the attack still has not been repaired and that "the last 18 months have been hell for a lot of CDC employees." Health and Human Services Secretary Robert F. Kennedy Jr. visited headquarters on August 7 to meet with Officer Rose's family and hold a fireside chat with employees. Some employees who spoke with Government Executive said they experienced recent leadership remarks as critical of the workforce; an HHS spokesperson responded that the Secretary "unequivocally condemns last year's horrific attack and remains fully committed to the safety and well-being of every CDC employee." The agency's workforce has shrunk by nearly 30 percent since 2024, and its previous director was removed after about a month in the role. This month the Senate confirmed a new CDC director, Erica Schwartz, the former deputy surgeon general. Jacobs said the new leader "has an opportunity to turn the tide."
For federal employees, this means:
- Work-related trauma can be compensable. The Federal Employees' Compensation Act (FECA) covers injuries — including psychological injuries — sustained in the performance of duty, and claims carry strict time limits, so document what happened and file promptly rather than waiting to see how you feel.
- You have the right to report unsafe or unhealthful working conditions — including building-security concerns — through your agency's occupational safety and health program, and to do so without retaliation.
- Support is available now: agency Employee Assistance Programs offer confidential counseling at no cost, and your union representatives can raise facility-safety issues with management on employees' behalf.
Legal Insight
Federal agencies owe their employees statutory safety obligations: section 19 of the Occupational Safety and Health Act, 29 U.S.C. § 668, requires every agency to maintain an effective occupational safety and health program, and 29 C.F.R. Part 1960 spells out those duties, including procedures for employees to report hazards. Separately, FECA provides compensation for disability resulting from personal injury sustained in the performance of duty, 5 U.S.C. § 8102(a), subject to the time limits in 5 U.S.C. § 8122. Employees dealing with the aftermath of workplace violence — a pending FECA claim, a denied claim, or discipline connected to trauma-related leave — should consider consulting a federal employment attorney so a procedural deadline does not decide the outcome.
3. The 2027 Retirement COLA Count Holds at 3.1 Percent — What the Number Means for FERS and CSRS
Source: FEDweek, August 14, 2026
TL;DR: The count toward the January 2027 federal retirement cost-of-living adjustment (COLA) stood at 3.1 percent through the July inflation figures, unchanged after a 0.01 percentage point rise in the index for the month. Two months remain in the measuring period, and the final number will be set when the September figure is released in mid-October. The count matters most for FERS retirees: if the final figure exceeds 3 percent, FERS COLAs are paid at 1 percentage point below the full figure; if it lands between 2 and 3 percent, FERS pays a flat 2 percent. That second scenario is not out of the question — the count dropped half a percentage point in the June figures, from 3.6 percent through May to 3.1 percent. CSRS retirees receive the full adjustment regardless of age, as do Social Security recipients. FERS retirees generally do not receive COLAs at all until age 62, with exceptions for special provisions covering law enforcement officers, firefighters, and air traffic controllers.
For federal employees, this means:
- There is nothing to file — COLAs apply automatically — but if you are retired under FERS or planning retirement, know that the January 2027 adjustment will likely be either the final count minus 1 percentage point (if above 3 percent) or a flat 2 percent (if the count slips below 3).
- If you are a FERS retiree under 62 and not in a special-provisions category, do not build a COLA into your 2027 budget — your annuity generally is not adjusted until you reach 62.
- Mark mid-October: the September inflation figure fixes the final 2027 retirement COLA, and the same data set determines the Social Security COLA that is part of most FERS retirees' overall benefit picture.
Legal Insight
Retirement COLAs are set by formula, not agency discretion: 5 U.S.C. § 8340 governs CSRS adjustments and 5 U.S.C. § 8462 governs FERS adjustments, both keyed to the change in the Consumer Price Index measured through the third calendar quarter of the year. The FERS statute is also the source of the reduced adjustment — often called the "diet COLA" — that applies when the measured increase runs above 3 percent. Because the adjustment is automatic, there is no application or deadline; the formula's cutoffs are simply why the FERS and CSRS numbers announced in October will differ.
Mindful Moment of the Day
The After-Meeting Reset
Some meetings end, but your body stays in them. You may leave a tense Teams call or SES briefing still replaying a comment, a deadline, or a disagreement. Before jumping straight into the next email, take 60 seconds to close the meeting in your body. Look away from the screen, relax your hands, and take three slow breaths. Write one sentence: “The next step from that meeting is ______.” Then let the rest of the noise settle. This small reset helps you carry forward the useful information without dragging the whole emotional weight of the meeting into the next task.
In Case You Missed It
A few quick hits from our recent posts:
OPM and Your FEHB Medical Claims: What to Know
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Loyalty Question and DoD Sealed Hiring Boards
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AI and Federal Disability Accommodation Requests
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Facing Harassment or Discrimination?
If you’re dealing with slurs, exclusion, hostile emails, or sudden negative treatment after speaking up, you don’t have to wait until things get unbearable to explore your options.
We regularly represent federal employees in:
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EEO complaints for discrimination, harassment, and hostile work environment
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Retaliation for prior EEO activity or protected conduct
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Reasonable accommodation disputes
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Related discipline or performance issues that follow on the heels of complaints
In your free, confidential consultation, we’ll walk through what’s been happening, key dates (including the short EEO deadlines), and the tools available to you—formal and informal.
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Disclaimer:
This briefing is for general informational purposes only and does not constitute legal advice or create an attorney‑client relationship. Federal employment law is fact‑specific and time‑sensitive; you should consult a qualified attorney about your own situation and deadlines. Past results do not guarantee future outcomes.
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