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 which it has accrued. (Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 574.) § 8464. Commencement and termination of annu- ities of employees and Members (a)(1) Except as otherwise provided in this chapter— (A) an annuity payable from the Fund com- mences on the first day of the month after— (i) separation from the service, in the case of an employee or Member retiring under section 8412, or subsection (a), (b)(1)(B), or (d) of section 8414; or (ii) pay ceases, and the applicable age and service requirements are met, in the case of an employee or Member retiring under sec- tion 8413; (B) an annuity payable from the Fund com- mences on the day after separation from the service in the case of an employee retiring under subsection (b)(1)(A) or (c) of section 8414; and (C) an annuity payable from the Fund com- mences on the day after separation from the service or the day after pay ceases and the re- quirements for title to an annuity are met in the case of an employee or Member retiring under section 8451. (2) Notwithstanding paragraph (1)(A)(i), an an- nuity payable from the Fund commences on the day after separation from the service in the case of an employee or Member— (A) who retires under section 8412; and (B) whose separation occurs upon the expira- tion of a term (or other period) for which the individual was appointed or elected. (b) Except as otherwise provided in this chap- ter, the annuity of an annuitant under sub- chapter II or V of this chapter terminates on the date death or other terminating event occurs. (Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 574; amended Pub. L. 105–261, div. A, title XI, § 1109(c)(2), Oct. 17, 1998, 112 Stat. 2145; Pub. L. 106–58, title VI, § 651(b), Sept. 29, 1999, 113 Stat. 480; Pub. L. 106–398, § 1 [[div. A], title XI, § 1152(c)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–323; Pub. L. 107–107, div. A, title X, § 1048(f)(2), Dec. 28, 2001, 115 Stat. 1228.) Editorial Notes AMENDMENTS 2001—Subsec. (a)(1)(A)(i). Pub. L. 107–107 amended di- rectory language of Pub. L. 106–398. See 2000 Amend- ment note below. 2000—Subsec. (a)(1)(A)(i). Pub. L. 106–398, as amended by Pub. L. 107–107, substituted ‘‘, (b)(1)(B), or (d)’’ for ‘‘or (b)(1)(B)’’. 1999—Subsec. (a)(1)(A)(i). Pub. L. 106–58 repealed Pub. L. 105–261, § 1109(c)(2). See 1998 Amendment note below. 1998—Subsec. (a)(1)(A)(i). Pub. L. 105–261, § 1109(c)(2), which directed substitution of ‘‘, (b)(1)(B), or (d)’’ for ‘‘or (b)(1)(B)’’, was repealed by Pub. L. 106–58. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–107, div. A, title X, § 1048(f), Dec. 28, 2001, 115 Stat. 1228, provided that the amendment made by section 1048(f)(2) is effective as of Oct. 30, 2000, and as if included in the Floyd D. Spence National Defense Au- thorization Act for Fiscal Year 2001, as enacted into law by Pub. L. 106–398. § 8464a. Relationship between annuity and work- ers’ 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 chap- ter 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 ac- count 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 com- pensation as has been paid for a period extended Page 1186 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8465 beyond the date payment of the annuity com- mences, 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 compensa- tion 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 de- ducted and withheld from the annuity shall be transmitted to the Department of Labor for re- imbursement to the Employees’ Compensation Fund. When the Department of Labor finds that the financial circumstances of an individual en- titled to an annuity under subchapter II, IV, or V warrant deferred refunding, deductions from the annuity may be prorated against and paid from accruing payments in such manner as the Department determines appropriate. (Added Pub. L. 100–238, title I, § 124(a)(1)(B), Jan. 8, 1988, 101 Stat. 1755.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 8456 of this title prior to repeal by Pub. L. 100–238. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1987, and applicable with re- spect to benefits payable based on a death or disability occurring on or after that date, see section 124(c) of Pub. L. 100–238 set out as an Effective Date of 1988 Amendment note under section 8337 of this title. § 8465. Waiver, allotment, and assignment of ben- efits (a) An individual entitled to an annuity pay- able from the Fund may decline to accept all or any part of the amount of the annuity by a waiver signed and filed with the Office. The waiver may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver is in effect. (b) An individual entitled to an annuity pay- able from the Fund may make allotments or as- signments of amounts from the annuity for such purposes as the Office considers appropriate. (Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 575.) § 8466. Application for benefits (a) No payment of benefits based on the serv- ice of an employee or Member shall be made from the Fund unless an application for pay- ment of the benefits is received by the Office be- fore the one hundred and fifteenth anniversary of the birth of the employee or Member. (b) Notwithstanding subsection (a), after the death of an employee, Member, or annuitant, or former employee or Member, a benefit based on the service of such employee, Member, or annu- itant, or former employee or Member, shall not be paid under subchapter II or IV of this chapter unless an application therefor is received by the Office within 30 years after the death or other event which establishes the entitlement to the benefit. (c)(1) Payment due a minor, or an individual mentally incompetent or under other legal dis- ability, may be made to the person (including an organization) who is constituted guardian or other fiduciary by the law of the State of resi- dence of the claimant or is otherwise legally vested with the care of the claimant or his es- tate. If a guardian or other fiduciary of the indi- vidual under legal disability has not been ap- pointed under the law of the State of residence of the claimant, payment may be made to any person (including an organization) who, in the judgment of the Office, is responsible for the care of the claimant and may appropriately re- ceive such payments on behalf of the claimant, and the payment bars recovery by any other per- son. (2) If the Office determines that direct pay- ment of a benefit to an individual mentally in- competent or under other legal disability would cause substantial harm to the individual, the Of- fice may defer or suspend direct payment of the benefit until such time as the appointment of a representative payee is made. The Office shall resume payment as soon as practicable, includ- ing all amounts due. (d) The Office may not authorize a person to receive payments on behalf of a minor or indi- vidual of legal disability under subsection (c) if that person has been convicted of a violation of— (1) section 8345a or 8466a; (2) section 208 or 1632 of the Social Security Act (42 U.S.C. 408, 1383a); or (3) section 6101 of title 38. (Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 575; amended Pub. L. 116–126, § 2(c)(2), (d)(2), Mar. 18, 2020, 134 Stat. 176.) Editorial Notes AMENDMENTS 2020—Subsec. (c). Pub. L. 116–126, § 2(c)(2), designated existing provisions as par. (1), inserted ‘‘(including an organization)’’ after ‘‘to the person’’ and after ‘‘to any person’’, inserted ‘‘and may appropriately receive such payments on behalf of the claimant’’ after ‘‘care of the claimant’’, and added par. (2). Subsec. (d). Pub. L. 116–126, § 2(d)(2), added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–126 effective on Mar. 18, 2020, and applicable on and after the effective date of regulations promulgated under section 3(b)(1) of Pub. L. 116–126, see sections 4 and 3(b) of Pub. L. 116–126, set out respectively as an Effective Date of 2020 Amendment note and a Regulations note under section 8331 of this title. REGULATIONS Regulations to carry out amendment by Pub. L. 116–126 to be promulgated by Office of Personnel Man- agement no later than 1 year after Mar. 18, 2020, with allowance for additional regulations relating to admin- istration of representative payee program, see section