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Latest Articles:

Early Retirement for Disabled Federal Workers: Collateral Disability Determinations 09/03/2010 by Federal Lawyer The key to effectively using collateral sources of disability determinations in a Federal Disability Retirement application under FERS or CSRS is to tailor its relevance in each individual circumstance. [...]   Federal and Postal Disability Retirement: Other Processes 09/02/2010 by Federal Lawyer Does it make a difference to list that one's Federal Disability Retirement case is also accepted by OWCP/Department of Labor as an "accepted case"? Or that one has been deemed 90% disabled [...]   FERS & CSRS Disability Retirement for Federal and USPS Workers: The Limitation of Agency Actions 09/01/2010 by Federal Lawyer Often, in the process of filing for Federal Disability Retirement benefits under FERS or CSRS, the client will ask the question, "Well, doesn't that prove that I can't do the job?" [...]   OPM Disability Retirement: Tools to Use 08/31/2010 by Federal Lawyer I am often asked, when filing for Federal Disability Retirement benefits under FERS or CSRS, Will you use ... ? From the range of tools of evidence to use -- including VA disability ratings, to OWCP "CA" forms, [...]   Federal Employee Medical Retirement: Keeping it Simple 08/30/2010 by Federal Lawyer In almost all instances, stating the obvious when filing for Federal Disability Retirement benefits under FERS & CSRS is the rule to follow. Another simple rule to follow: Keep it Simple. [...]   Medical Retirement Benefits for US Government Employees: Stating the Obvious 08/28/2010 by Federal Lawyer Sometimes, stating the obvious is necessary. In filing for Federal Disability Retirement benefits under FERS & CSRS, and in dealing with the Office of Personnel Management, "stating the obvious" [...]   Disability Retirement for Federal Workers: The Right Time to File 08/27/2010 by Federal Lawyer The proper time to file for a Federal Disability Retirement application under FERS or CSRS is an issue which only the Federal or Postal employee contemplating such action can make a final [...]   read all blogs »

844.105 Relationship To Workers' Compensation

Title 5 - Part 844:  Federal Employees' Retirement System (FERS)
Disability Retirement: Subpart A - General Provisions

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(a) Except as provided in paragraph (b) of this section, an individual who is eligible for both an annuity under part 842 or 844 of this chapter and compensation for injury or disability under subchapter I of chapter 81 of title 5, United States Code (other than a scheduled award under 5 U.S.C. 8107(c)), covering the same period of time must elect to receive either the annuity or compensation.

(b) Notwithstanding the provisions of paragraph (a) of this section, an individual may concurrently receive an annuity based on the individual's service under part 842 or 844 of this chapter and a benefit under subchapter I of chapter 81 of title 5, United States Code, on account of the death of another individual. An individual may also receive an annuity under part 843 of this chapter and compensation for injury or disability to himself or herself under such subchapter I covering the same period of time.

(c) An individual who elects to receive compensation payments under paragraph (a) of this section and who has not received a refund of contributions under §843.202 retains the right to elect to receive an annuity under part 842 or 844, as the case may be, in the event that the individual's compensation payments cease or are reduced.

 

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