50 USC 2051 - Retirement for disability or incapacity; medical examination; recovery

U.S Code last checked for updates: May 06, 2024

§ 2051.

Retirement for disability or incapacity; medical examination; recovery

(a)

Disability retirement

(1)

Eligibility

(2)

Standard for disability determination

A participant shall be considered to be disabled only if the participant—

(A)

is found by the Director to be unable, because of disease or injury, to render useful and efficient service in the participant’s position; and

(B)

is not qualified for reassignment, under procedures prescribed by the Director, to a vacant position in the Agency at the same grade or level and in which the participant would be able to render useful and efficient service.

(3)

Time limit for application

(A)

One year requirement

(B)

Waiver for mentally incompetent participant

(b)

Computation of disability annuity

(1)

In general

(2)

Coordination with military retired pay and veterans’ compensation and pension

(c)

Medical examinations

(1)

Medical examination required for determination of disability

(2)

Annual reexaminations until age 60

(3)

Reinstatement

(4)

Termination of disability annuity

(5)

Payment of fees

(6)

Suspension of annuity pending required examination

(7)

Termination of annuity upon restoration of earning capacity

(d)

Treatment of recovered disability annuitant who is not reinstated

(1)

Separation

(2)

Retirement

(3)

Further disability before age 62

(e)

Coordination of benefits

(1)

Workers’ compensation

A participant is not entitled to receive for the same period of time—

(A)

an annuity under this subchapter, and

(B)

compensation for injury to, or disability of, such participant under subchapter I of chapter 81 of title 5, other than compensation payable under section 8107 of such title.

(2)

Survivor annuities

(3)

Greater benefit

(f)

Offset from survivor annuity for workers’ compensation payment

(1)

Refund to Department of Labor

If an individual is entitled to an annuity under this subchapter and the individual receives a lump-sum payment for compensation under section 8135 of title 5 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 Secretary of Labor, shall be refunded to the Department for credit to the Employees’ Compensation Fund. Before the individual may receive the annuity, the individual shall—

(A)

refund to the Secretary of Labor the amount representing the commuted compensation payments for the extended period; or

(B)

authorize the deduction of the amount from the annuity.

(2)

Source of deduction

(3)

Prorating deduction

(Pub. L. 88–643, title II, § 231, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3220; amended Pub. L. 103–178, title II, § 202(a)(8), Dec. 3, 1993, 107 Stat. 2026.)

cite as: 50 USC 2051