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

Page 1181 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8461 come of the annuitant from wages or self-em- ployment 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 termi- nated under subsection (a) is not reemployed in a position in which that individual 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 termi- nated under subsection (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 applicable rate under section 8452 effec- tive 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 termi- nated because of a medical finding that the indi- vidual has recovered from disability is not reem- ployed in a position in which such individual is subject to this chapter, the annuity of such indi- vidual 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, § 101(a), June 6, 1986, 100 Stat. 568.) § 8456. Military reserve technicians (a)(1) Except as provided in paragraph (2) or (3), an individual shall be retired under this sub- chapter if the individual— (A) is separated from employment as a mili- tary reserve technician by reason of a dis- ability that disqualifies the individual from membership in a reserve component of the Armed Forces specified in section 10101 of title 10 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 Gov- ernment (whether under subsection (b) or oth- erwise); and (D) has not declined an offer of an appoint- ment 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 pur- suant to subsection (b) or otherwise); (B) on the date the individual declines an offer of appointment to a position in the Gov- ernment under subsection (b); or (C) as provided under section 8455(a). (3) An individual eligible to retire under sec- tion 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 Gov- ernment before any vacant position in the agen- cy is filled if— (1) the position is located within the com- muting area of the individual’s former posi- tion; (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 level as the position from which the individual was separated. (Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 570, § 8457; amended Pub. L. 99–556, title I, § 118, Oct. 27, 1986, 100 Stat. 3134; renum- bered § 8456, Pub. L. 100–238, title I, § 124(b)(1)(B), Jan. 8, 1988, 101 Stat. 1756; Pub. L. 103–337, div. A, title XVI, § 1677(a)(4), Oct. 5, 1994, 108 Stat. 3019.) Editorial Notes PRIOR PROVISIONS A prior section 8456, added Pub. L. 99–355, title I, § 101(a), June 6, 1986, 100 Stat. 569, related to relation- ship between annuity and workers’ compensation, prior to repeal by Pub. L. 100–238, title I, § 124(b)(1)(A), Jan. 8, 1988, 101 Stat. 1756. See section 8464a of this title. AMENDMENTS 1994—Subsec. (a)(1)(A). Pub. L. 103–337 substituted ‘‘section 10101’’ for ‘‘section 261(a)’’. 1988—Pub. L. 100–238 renumbered section 8457 of this title as this section. 1986—Subsec. (a)(1)(C), (D), (2)(A), (B). Pub. L. 99–556 substituted ‘‘subsection (b)’’ for ‘‘subsection (c)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces. [§ 8457. Renumbered § 8456] SUBCHAPTER VI—GENERAL AND ADMINISTRATIVE PROVISIONS § 8461. Authority of the Office of Personnel Man- agement (a) The Office shall pay all benefits that are payable under subchapter II, IV, V, or VI of this chapter from the Fund. (b) The Office shall administer all provisions of this chapter not specifically required to be administered by the Board, the Executive Direc- tor, the Secretary of Labor, or any other officer or agency. (c) The Office shall adjudicate all claims under the provisions of this chapter administered by the Office. (d) The Office shall determine questions of dis- ability and dependency arising under the provi- sions of this chapter administered by the Office.