New OPM Memorandum – RE: Legality of Deferred Resignation Program – To Heads and Acting Heads of Departments and Agencies, FROM: Charles Ezell, Acting Director, U.S. Office of Personnel Management, Andrew Kloster, General Counsel, U.S. Office of Personnel Management. DATE: February 4, 2025.  “On Tuesday, January 28, 2025, the U.S. Office of Personnel Management (“OPM”) sent an email to federal employees presenting a deferred resignation offer. It allows eligible employees an eight-month transition period—through September 30, 2025—during which they will generally not be expected to work and may look for another job. Eligible employees who accept the deferred resignation offer will also be exempt from any reductions-in-force that are planned for the federal workforce. In addition, an employee who resigns under this program will retain all pay and benefits regardless of their daily workload and will be exempted from all applicable in-person work requirements until September 30, 2025 (or earlier if the employee chooses to accelerate their resignation for any reason). Employees may also be eligible for early retirement under the Voluntary Early Retirement Authority (VERA). The offer is open between January 28, 2025, and February 6, 2025. The deferred resignation offer has generated considerable scrutiny and numerous questions from interested employees. The program has also been subject to various legal critiques. This memorandum explains why concerns regarding the program’s legality are misplaced and offers clarifying guidance on certain aspects of the plan.” Memo includes Appendix 1- Template Deferred Resignation Agreement.

See also via Washington Post: “The assistant commissioner of a division of the General Services Administration told staff early this week that layoffs across the federal government are “likely” after the deferred resignation offer expires Thursday, according to an email obtained by The Washington Post — the sharpest move yet toward forcibly removing many of the 2.3 million civilian federal employees.”