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Federal Worker Disability Retirement: Relying on Common Sense 02/03/2012 by Federal Lawyer The problem of relying on "common sense" (as that term is often used and understood) is that such reliance not only reflects a presumption that one possesses that very quality that we deem [...]   Postal and Federal Disability Retirement: Relative Costs 02/02/2012 by Federal Lawyer In preparing, formulating, and filing for Federal Disability Retirement benefits from the Office of Personnel Management, there is always the question of costs involved -- of the time frame [...]   Federal Employee Medical Retirement: The Larger Process 02/02/2012 by Federal Lawyer There is, of course, the limited process of issues impacting a Federal Disability Retirement application, whether under FERS or CSRS -- of the actual paperwork; of obtaining and completing [...]   Medical Retirement for Federal Workers: When a Mistake is Made 02/01/2012 by Federal Lawyer Mistakes made in preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, from the U.S. Office of Personnel Management, are usually correctable, [...]   FERS & CSRS Disability Retirement for Federal and USPS Workers: As a Process 01/30/2012 by Federal Lawyer It is often a necessity to be reminded that the preparation, formulation, and ultimately the filing of a Federal Disability Retirement application under FERS or CSRS, with the U.S. Office of Personnel [...]   Medical Retirement for Federal Workers: The Chance of Winning 01/29/2012 by Federal Lawyer To characterize the filing of a Federal Disability Retirement application under FERS or CSRS, from the U.S. Office of Personnel Management, in terms of the percentage chances [...]   OPM Disability Retirement: Additional Supporting Evidence 01/28/2012 by Federal Lawyer In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, there is nothing to preclude [...]   read all blogs »

5 U.S.C. § 8455. Recovery; Restoration Of Earning Capacity

Title 5 - Part 3 - Chapter 84: Federal Employees' Retirement System

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    (a)(1) If an annuitant receiving a disability retirement
annuity from the Fund recovers from the disability before beco-
ming 60 years of age, payment of the annuity terminates on re-
employment by the Government or 1 year after the date on which 
the Office determines that the annuitant has recovered, which
ever is earlier.

    (2) If an annuitant receiving a disability annuity from the 
Fund, before becoming 60 years of age, is restored to an earning 
capacity fairly comparable to the current rate of pay of the po-
sition occupied at the time of retirement, payment of the annu-
ity terminates 180 days after the end of the calendar year in 
which earning capacity is so restored. Earning capacity is dee-
med restored if in any calendar year the income of the annuitant 
from wages or self-employment or both equals at least 80 percent 
of the current rate of pay of the position occupied immediately 
before retirement.

    (b)(1) If an annuitant whose annuity is terminated under 
subsection (a) is not reemployed in a position in which that 
in dividual is subject to this chapter, such individual is 
deemed, except for service credit, to have been involuntarily 
separated from the service for the purpose of subchapter II of 
this chapter as of the date of termination of the disability 
annuity, and after that termination is entitled to annuity under 
the applicable provisions of such subchapter.

    (2) If an annuitant whose annuity is terminated under sub-
section (a)(2)--
        (A) is not reemployed in a position subject to this 
    chapter; and
        (B) has not recovered from the disability for which that 
    individual was retired;

the annuity of such individual shall be restored at the appli-
cable rate under section 8452 effective the first of the year 
following any calendar year in which such individual's income 
from wages or self-employment or both is less than 80 percent 
of the current rate of pay of the position occupied immediately 
before retirement.

    (3) If an annuitant whose annuity is terminated because of 
a medical finding that the individual has recovered from dis-
ability is not reemployed in a position in which such individual 
is subject to this chapter, the annuity of such individual shall 
be restored at the applicable rate under section 8452 effective 
from the date on which the Office determines that there has been 
a recurrence of the disability.

    (4) Paragraphs (2) and (3) shall not apply in the case of an 
annuitant receiving an annuity from the Fund under subchapter II 
of this chapter.

(Added Pub. L. 99-335, title I, Sec. 101(a), June 6, 1986, 100 
Stat. 568.)

                  Section Referred to in Other Sections

This section is referred to in sections 8452, 8456 of this title.
					

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