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Attorney Working Exclusively For Federal And Postal Employees From All Across The U.S., Seeking To Obtain Disability Retirement Benefits Under FERS & CSRS |
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5 U.S.C. § 8455. Recovery; Restoration Of Earning Capacity
Title 5 - Part 3 - Chapter 84: Federal Employees' Retirement System
(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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