5 C.F.R. § 831.1210

Annuity rights after a disability annuity terminates

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(a) An individual is entitled to an immediate annuity when the disability annuity stops because of recovery or restoration to earning capacity if the individual is not reemployed in a position subject to civil service retirement coverage and—

(1) Is at least age 50 when the disability annuity stops and had 20 or more years of service at the time of retirement for disability; or

(2) Had 25 or more years of service at the time of retirement for disability regardless of age.

(b) An individual whose annuity stops because of recovery or restoration to earning capacity and who is not eligible for an immediate annuity under paragraph (a) of this section, is eligible for a deferred annuity upon reaching age 62.

(c) The disability annuity of an individual whose annuity stopped because of recovery or restoration to earning capacity may be reinstated under § 831.1212 of this part.

Notes of Decisions

Cited in 1 case, 2003–2003 · leading case: Thoin v. Off. of Pers. Mgmt., 57 F. App'x 419 (Fed. Cir. 2003).

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Thoin v. Off. of Pers. Mgmt., 57 F. App'x 419 (Fed. Cir. 2003). “He also argues that OPM should have afforded him a six percent return on investment, as provided by OPM’s regulations at 5 C.F.R. § 831.1210 (h). Such a return on investment reduces the earnings of the annuitant for purposes of application of the eighty percent test.”

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