Federal Employee Disability Retirement Law

Category: Subpart D-Termination and Reinstatement of Disability

FERS: §844.401 Recovery From Disability

§844.401 Recovery From Disability Title 5 – Part 844:  Federal Employees’ Retirement System (FERS) Disability Retirement: Subpart D – Termination and Reinstatement of Disability Annuity (a) Each annuitant receiving disability annuity from the Fund shall be examined under the direction of OPM at the end of one year from the date of disability retirement and annually thereafter until the annuitant becomes 60 years of age unless the disability is found by OPM to be permanent in character. OPM may order a medical or other examination at any time to determine the facts relative to the nature and degree of disability

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FERS: §844.402 Restoration of Earning Capacity

§844.402 Restoration of Earning Capacity Title 5 – Part 844:  Federal Employees’ Retirement System (FERS) Disability Retirement: Subpart D – Termination and Reinstatement of Disability Annuity (a) Earning capacity determinations. If a disability annuitant is under age 60 on December 31 of any calendar year and his or her income from wages or self-employment or both during that calendar year equals at least 80 percent of the current rate of basic pay of the position occupied immediately before retirement, the annuitant’s earning capacity is considered to be restored. The disability annuity will terminate on the June 30 after the end

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FERS: §844.403 Annuity Rights After a Disability Annuity Terminates

§844.403 Annuity Rights After a Disability Annuity Terminates Title 5 – Part 844:  Federal Employees’ Retirement System (FERS) Disability Retirement: Subpart D – Termination and Reinstatement of Disability Annuity (a) When a disability annuity is terminated because of recovery or restoration of earning capacity and the individual is not employed in the Government, the individual is entitled to an annuity: (1) Under 5 U.S.C. 8414(b) if the individual: (i) Is at least age 50 when the disability annuity ceases and had 20 or more years of service at the time of retiring for disability; or (ii) Has 25 or more

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FERS: §844.404 Reinstatement of Disability Annuity

§844.404 Reinstatement of Disability Annuity Title 5 – Part 844:  Federal Employees’ Retirement System (FERS) Disability Retirement: Subpart D – Termination and Reinstatement of Disability Annuity (a) When a disability annuity stops, the individual must again prove that he or she meets the eligibility requirements in order to have the annuity reinstated. (b) Reinstatement of annuity terminated based on recovery. (1) When a recovered disability annuitant under age 62 whose annuity was terminated because he or she was found recovered on the basis of medical evidence (§844.401) is not reemployed in a position subject to FERS, and, based on the

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