10 U.S.C. § 8586 — Physical disability retirement

Page 3297 TITLE 10—ARMED FORCES § 8586 policy required by section 8582 of this title is counted as part of the retirement annuity pro- vided in this section. Any difference between the amount received by the retired civilian member under his annuity policy and the total annual amount to which he is entitled under this sec- tion shall be paid to him by the Secretary of the Navy from appropriations made for this purpose. (Aug. 10, 1956, ch. 1041, 70A Stat. 439, § 7085; re- numbered § 8585 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7085 ......... 34 U.S.C. 1073c–1 (less 2d proviso). Jan. 16, 1936, ch. 3, § 4A (less 2d proviso); added Nov. 28, 1943, ch. 331, § 1, 57 Stat. 594. The words ‘‘terminable on his death at the rate of the following total annual amount’’ are omitted as surplus- age, since they are covered by the words ‘‘life annuity’’. The words ‘‘basic salary, pay, or’’ are omitted as sur- plusage, since they are covered by the word ‘‘compensa- tion’’. The first proviso is omitted as unnecessary, since all existing rights and benefits of persons affected by this title are protected by a general saving provi- sion. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 809(a), substituted ‘‘section 8584’’ for ‘‘section 7084’’ and ‘‘section 8582’’ for ‘‘section 7082’’. Pub. L. 115–232, § 807(c)(1), renumbered section 7085 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. INCREASE IN ANNUITIES OF CIVILIAN MEMBERS WHO RETIRED BEFORE APRIL 1, 1948 Pub. L. 85–861, § 30, Sept. 2, 1958, 72 Stat. 1563, provided that: ‘‘(a) A retired civilian member of the teaching staff of the United States Naval Academy or the United States Naval Postgraduate School who retired before April 1, 1948, is entitled to be paid, out of applicable current ap- propriations, $300 a year in addition to the annuity to which he is entitled under section 7085 [now 8585] of title 10. ‘‘(b) A retired civilian member whose annuity, when increased by $300 under subsection (a), is less than $1,860 is entitled to be paid an additional $300 a year out of applicable current appropriations. ‘‘(c) Additions to the annuities of retired civilian members under subsection (b) do not increase the annu- ities payable to the survivors of those members.’’ INCREASE OF ANNUITIES—1957 Pub. L. 85–40, May 31, 1957, 71 Stat. 42, provided: ‘‘That the annuities, payable under chapter 607 [now 857] of title 10, United States Code, to civilian members of the teaching staff of the United States Naval Acad- emy or the United States Naval Postgraduate School are increased as follows: That portion of an annuity which is not in excess of $1,500 is increased by 12 per centum, and that portion of an annuity which is in ex- cess of $1,500 is increased by 8 per centum. These in- creases shall not exceed the sum necessary to increase the annuity to $4,104, and are in addition to the in- creases authorized by Public Law 371, Eighty-fourth Congress. The monthly installments of each annuity shall be fixed at the nearest dollar. ‘‘SEC. 2. The increases provided by section 1, when added to the annuities of retired civilian members of the teaching staff of the United States Naval Academy or the United States Naval Postgraduate School, do not increase the annuities of their survivors. The annuity of any such survivor, however, who is entitled to or be- comes entitled to an annuity under chapter 607 [now 857] of title 10, United States Code, shall be increased in accordance with the following schedule: ‘‘If annuity commences between— Portion of annuity not in excess of $1,500 shall be increased by— Portion of annuity in excess of $1,500 shall be increased by— per centum per centum Jan. 16, 1936, and June 30, 1955 ........... 12 8 July 1, 1955, and Dec. 31, 1955 ............. 10 7 Jan. 1, 1956, and June 30, 1956 ............. 8 6 July 1, 1956, and Dec. 31, 1956 ............. 6 4 Jan. 1, 1957, and June 30, 1957 ............. 4 2 July 1, 1957, and Dec. 31, 1957 ............. 2 1 ‘‘SEC. 3. Any provision of law, enacted after the effec- tive date of this Act [May 31, 1957], which increases the annuities of retired employees and their survivors who are entitled to annuities under the Civil Service Retire- ment Act of May 29, 1930, as amended (5 U.S.C. 691 et seq.) [now covered by section 8331 et seq. 30 of Title 5], shall be applicable in like manner and to the same ex- tent to civilian members of the teaching staff of the United States Naval Academy and of the United States Naval Postgraduate School and their survivors who are entitled to annuities under chapter 607 [now 857] of title 10, United States Code.’’ § 8586. Physical disability retirement (a) Each civilian member who has served not less than five years, and who, before reaching the age of 65, becomes totally disabled for useful and efficient service in his position, by reason of disease or injury not due to his own vicious hab- its, intemperance, or willful misconduct shall, upon his application or upon the request of the Secretary of the Navy, be retired with a life an- nuity computed under section 8585 of this title. (b) The amount that the Secretary shall pay annually under this section is the difference be- tween the total amount to which the retired member is entitled under subsection (a) and the immediate life annuity to which he is entitled at the time of his disability retirement under the annuity policy required by section 8582 of this title. (c) Each civilian member retired under this section, unless the disability for which he was retired is permanent in character, shall be ex- amined by a board of medical officers designated by the Superintendent of the Naval Academy or of the Postgraduate School, as appropriate, one year after his retirement and annually there- after, until he becomes 65 years of age. (d) Payments by the Secretary under this sec- tion shall be terminated if the retired civilian member is found to be sufficiently recovered for useful and efficient service in his former posi- tion and is offered reemployment in that posi- tion by the Superintendent. (e) If a civilian member retired under this sec- tion is later reemployed by the United States, Page 3298 TITLE 10—ARMED FORCES § 8587 the payments by the Secretary shall be termi- nated. (f) Each civilian member retired under this section who is reemployed as a civilian member of the teaching staff of the Naval Academy or the Naval Postgraduate School shall, upon his later retirement, be paid annually by the Sec- retary the difference between the total annual amount computed under section 8585 of this title and the immediate life annuity which the total premiums paid on his annuity contracts would buy. (g) No person may receive payments from the Secretary of the Navy under this chapter and, for the same period of time, compensation under chapter 81 of title 5. (Aug. 10, 1956, ch. 1041, 70A Stat. 439, § 7086; Pub. L. 89–718, § 40, Nov. 2, 1966, 80 Stat. 1120; renum- bered § 8586 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7086 ......... 34 U.S.C. 1073c–2. Jan. 16, 1936, ch. 3, § 4B; added Aug. 2, 1946, ch. 740, 60 Stat. 804. In subsection (a) the words ‘‘reaching the age of 65’’ are substituted for the words ‘‘becoming eligible for re- tirement under the conditions defined in the preceding sections hereof’’, since a civilian member’s 65th birth- day is the date on which he becomes eligible for retire- ment under this chapter. In subsection (c) the words ‘‘or the Postgraduate School, as appropriate’’ are inserted because the Post- graduate School and the Naval Academy are now two separate institutions. In subsection (f) the words ‘‘or the Naval Post- graduate School’’ are inserted for the same reason. In subsection (g) the words ‘‘Federal Employees Com- pensation Act of September 7, 1916, as amended (5 U.S.C. 751 et seq.),’’ are substituted for the words ‘‘Act of Sept. 7, 1916, entitled ‘An act to provide compensa- tion for employees of the United States suffering inju- ries while in the performance of their duties, and for other purposes’ ’’. Authority for referring to this Act as the Federal Employees Compensation Act is contained in the Federal Employees Compensation Act Amend- ments of 1949, 63 Stat. 854. The words ‘‘but this provi- sion shall not bar the right of any claimant to the greater benefit conferred by either Act for any part of the same period’’ are omitted as unnecessary. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 807(c)(1), renumbered section 7086 of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 8585’’ for ‘‘section 7085’’. Subsec. (b). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 8582’’ for ‘‘section 7082’’. Subsec. (f). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 8585’’ for ‘‘section 7085’’. 1966—Subsec. (g). Pub. L. 89–718 substituted ‘‘chapter 81 of title 5’’ for ‘‘sections 751–756, 757–791, and 793 of title 5’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME References to Superintendent of the Naval Post- graduate School deemed to refer to President of the Naval Postgraduate School, see section 557(a)(1), (2) of Pub. L. 108–375, set out as a note under section 8542 of this title. EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8587. Election of annuity for self and bene- ficiary (a) At the time of his retirement, a civilian member retiring under this chapter may elect to receive instead of the amount payable annually by the Secretary of the Navy under section 8585 or 8586 of this title a reduced annuity for his life and an annuity payable after his death to his beneficiary in either— (1) an amount equal to his reduced annuity; or (2) an amount equal to 50 percent of his re- duced annuity. The annuities payable to principal and bene- ficiary, under either election, shall be in amounts that have, on the date of the retire- ment of the civilian member, a combined actu- arial value equal to the actuarial value of the annuity payable by the Secretary under section 8585 or 8586 of this title, as determined under ac- tuarial tables prepared by the Director of the Office of Personnel Management. (b) If the civilian member elects to take a re- duced annuity under this section, he shall, at the time of his retirement, designate the bene- ficiary in writing and file the designation with the Secretary. (c) The annuity payable under this section to the beneficiary of a deceased civilian member shall be terminated upon the death of the bene- ficiary. (Aug. 10, 1956, ch. 1041, 70A Stat. 440, § 7087; Pub. L. 97–295, § 1(45), Oct. 12, 1982, 96 Stat. 1298; re- numbered § 8587 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 7087 ......... 34 U.S.C. 1073c–3. Jan. 16, 1936, ch. 3, § 4C; added Aug. 2, 1946, ch. 740, 60 Stat. 805. In subsection (a) the words ‘‘under actuarial tables prepared by the Civil Service Commission’’ are sub- stituted for the words ‘‘under the provisions of the Civil Service Retirement Act’’ because that Act, as amended in 1948, no longer provides for the computa- tion of actuarial values. The Secretary of the Navy, in administering the provisions of law codified in this sec- tion, uses tables prepared by the Civil Service Commis- sion prior to the 1948 amendment. 1982 ACT This amends 10:7087(a) to reflect the transfer of func- tions from the Civil Service Commission to the Direc- tor of the Office of Personnel Management under sec- tion 102 of Reorganization Plan No. 2 of 1978 (eff. Jan. 1, 1979, 92 Stat. 3783).