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5 U.S.C. § 8464a — Relationship between annuity and workers’ compensation

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8464a — Relationship between annuity and workers’ compensation

**(a)** (1) An individual is not entitled to receive— (A) an annuity under subchapter II or V, and (B) compensation for injury to, or disability of, such individual under subchapter I of chapter 81, other than compensation payable under section 8107, covering the same period of time. (2) An individual is not entitled to receive an annuity under subchapter IV and a concurrent benefit under subchapter I of chapter 81 on account of the death of the same person. (3) Paragraphs (1) and (2) do not bar the right of a claimant to the greater benefit conferred by either this chapter or subchapter I of chapter 81. **(b)** If an individual is entitled to an annuity under subchapter II, IV, or V, and the individual receives a lump-sum payment for compensation under section 8135 based on the disability or death of the same person, so much of the compensation as has been paid for a period extended beyond the date payment of the annuity commences, as determined by the Department of Labor, shall be refunded to that Department for credit to the Employees’ Compensation Fund. Before the individual may receive the annuity, the individual shall— (1) refund to the Department of Labor the amount representing the commuted compensation payments for the extended period; or (2) authorize the deduction of the amount from the annuity. Deductions from the annuity may be made from accrued or accruing payments. The amounts deducted and withheld from the annuity shall be transmitted to the Department of Labor for reimbursement to the Employees’ Compensation Fund. When the Department of Labor finds that the financial circumstances of an individual entitled to an annuity under subchapter II, IV, or V warrant deferred refunding, deductions from the annuity may be prorated against and paid fr

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Source file: Laws/federal/codes/united-states-code/title-5/section-8464a-relationship-between-annuity-and-workers-compensation--a2009d31c6.md
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Source location: Title 5, Chapter 84, § 8464a; chapter-084-federal-employees-retirement-system.md

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8456 — Military reserve technicians

**(a)** (1) Except as provided in paragraph (2) or (3), an individual shall be retired under this subchapter if the individual— (A) is separated from employment as a military reserve technician by reason of a disability that disqualifies the individual from membership in a reserve component of the Armed Forces specified in [section 10101 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10101&num=0&edition=prelim) or from holding the military grade required for such employment; (B) is not considered to be disabled under section 8451(a)(1)(B); (C) is not appointed to a position in the Government (whether under subsection (b) or otherwise); and (D) has not declined an offer of an appointment to a position in the Government under subsection (b). (2) Payment of any annuity for an individual pursuant to this section terminates— (A) on the date the individual is appointed to a position in the Government (whether pursuant to subsection (b) or otherwise); (B) on the date the individual declines an offer of appointment to a position in the Government under subsection (b); or (C) as provided under section 8455(a). (3) An individual eligible to retire under section 8414(c) shall not be eligible to retire under this section. **(b)** Any individual applying for or receiving any annuity pursuant to this section shall, in accordance with regulations prescribed by the Office, be considered by any agency of the Government before any vacant position in the agency is filled if— (1) the position is located within the commuting area of the individual’s former position; (2) the individual is qualified to serve in such position, as determined by the head of the agency; and (3) the position is at the same grade or equivalent le

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8337 — Disability retirement

**(a)** An employee who completes 5 years of civilian service and has become disabled shall be retired on the employee’s own application or on application by the employee’s agency. Any employee shall be considered to be disabled only if the employee is found by the Office of Personnel Management to be unable, because of disease or injury, to render useful and efficient service in the employee’s position and is not qualified for reassignment, under procedures prescribed by the Office, to a vacant position which is in the agency at the same grade or level and in which the employee would be able to render useful and efficient service. For the purpose of the preceding sentence, an employee of the United States Postal Service shall be considered not qualified for a reassignment described in that sentence if the reassignment is to a position in a different craft or is inconsistent with the terms of a collective bargaining agreement covering the employee. A judge of the United States Court of Appeals for the Armed Forces who completes 5 years of civilian service and who is found by the Office to be disabled for useful and efficient service as a judge of such court or who is removed for mental or physical disability under [section 942(c) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section942/c&num=0&edition=prelim) shall be retired on the judge’s own application or upon such removal. A Member who completes 5 years of Member service and is found by the Office to be disabled for useful and efficient service as a Member because of disease or injury shall be retired on the Member’s own application. An annuity authorized by this section is computed under [section 8339(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8464a — Relationship between annuity and work-

Page 1185 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8464a (e) The $15,000 amount referred to in section 8442(b)(1)(A)(ii) shall be increased at the same time that, and by the same percent as the per- centage by which, annuities under subchapter III of chapter 83 are increased. (Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 572; amended Pub. L. 99–556, title I, § 117(b), Oct. 27, 1986, 100 Stat. 3134; Pub. L. 117–225, § 3(b)(2)(A)(vi), Dec. 9, 2022, 136 Stat. 2296.) Editorial Notes AMENDMENTS 2022—Subsec. (c)(3)(B)(ii). Pub. L. 117–225 inserted ‘‘(1)’’ after ‘‘subsection (d)’’. 1986—Subsec. (b)(3). Pub. L. 99–556 inserted provision relating to the computation of any amount under sec- tion 8443(a)(2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–225 effective Dec. 9, 2022, and applicable to an individual who suffers an illness or injury described in certain Code provisions on or after the date that is 2 years after Dec. 9, 2022, see section 3(f) of Pub. L. 117–225, set out as a note under section 8336 of this title. DELAY IN COST-OF-LIVING ADJUSTMENTS DURING FISCAL YEARS 1994, 1995, AND 1996 Any cost-of-living increase scheduled to take effect during fiscal year 1994, 1995, or 1996 under subsec. (b) of this section delayed until first day of third calendar month after date such increase would otherwise take effect, see section 11001 of Pub. L. 103–66, set out as a note under section 8340 of this title. § 8463. Rate of benefits Each annuity payable from the Fund is stated as an annual amount, one-twelfth of which, rounded to the next lower dollar, constitutes the monthly rate payable on the first business day of the first month beginning after the month for whi

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