[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR837.202]

[Page 177-178]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 837--REEMPLOYMENT OF ANNUITANTS--Table of Contents
 
                Subpart B--Annuitant and Employee Status
 
Sec. 837.202  Annuities that terminate on reemployment.

    (a) FERS annuitants. (1) The annuity of a FERS annuitant who is a 
disability annuitant whom OPM has found recovered or restored to earning 
capacity prior to reemployment terminates on reemployment.
    (2) The annuity of a FERS annuitant who is a former military reserve 
technician awarded a disability retirement annuity under 5 U.S.C. 8456, 
in addition to being subject to paragraph (a)(1) of this section, shall 
terminate on the date the annuitant declines an offer of employment with 
a department or agency, where the employment is in the same commuting 
area and of the same grade as, or a level equivalent to, the position 
from which the annuitant retired.
    (b) CSRS annuitants. (1) The annuity of a CSRS annuitant terminates 
on reemployment if--
    (i) The annuitant is a disability annuitant whom OPM has found 
recovered or restored to earning capacity prior to reemployment, or 
whose disability annuity was awarded under the provisions of 5 U.S.C. 
8337(h) because the annuitant was a National Guard Technician who was 
medically disqualified for continued membership in the National Guard;
    (ii) The annuitant is not a retired Member and the annuity is based 
on an involuntary separation (other than a separation that was mandated 
by statute based on the annuitant's age and length of service, or a 
separation for

[[Page 178]]

cause on charges of misconduct or delinquency) where the reemployment 
would, if the individual were not an annuitant, be covered by CSRS;
    (iii) The annuitant is not a retired Member and is appointed by the 
President to a position that would, if the individual were not an 
annuitant, be covered by CSRS; or
    (iv) The annuitant is not a retired Member and is elected as a 
Member.
    (2) A disability annuity awarded a former National Guard Technician 
under the provisions of 5 U.S.C. 8337(h) shall terminate on the date the 
annuitant declines an offer of employment with a department or agency, 
where the employment is in the same commuting area and of the same grade 
as, or a level equivalent to, the position from which the annuitant 
retired.