[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: 5CFR837.802]

[Page 185-186]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 837--REEMPLOYMENT OF ANNUITANTS--Table of Contents
 
      Subpart H--Alternative Entitlements and Canceled Retirements
 
Sec. 837.802  Benefits under another retirement system for Federal employees based on the most recent separation.

    (a) Generally. An annuitant who has performed reemployment service 
after the commencing date of annuity under the provisions of another 
retirement system, and who is entitled to an annuity benefit from the 
other retirement system during a period in which he or she is also 
entitled to an annuity benefit under CSRS or FERS, may receive both 
benefits simultaneously, or for the same period, except that the 
annuitant may not receive both benefits simultaneously, or for the same 
period, if--
    (1) The provisions of law or regulation governing the other 
retirement system do not permit the annuitant to receive both benefits 
simultaneously, or for the same period of time; or
    (2) Entitlement to the annuity from the other retirement system is 
based on service credited in the computation of the CSRS or FERS 
annuity, or service credited in the computation of the annuity from the 
other retirement system was used in the computation of the CSRS or FERS 
annuity.
    (b) Election of alternative benefits. (1) Where simultaneous receipt 
of, or entitlement to, both annuities is barred under the provisions of 
paragraph (a)(1) of this section, the annuitant must

[[Page 186]]

elect to receive either the annuity under the other retirement system, 
or the CSRS annuity.
    (2) Where the annuitant, under the provisions of paragraph (b)(1) of 
this section, elects to receive annuity from the other retirement system 
in lieu of the CSRS or FERS annuity, the CSRS or FERS annuity terminates 
as of the commencing date of the other annuity, and any overpayment of 
CSRS annuity will be offset from the other annuity and paid to OPM.
    (c) Recomputation. Where simultaneous receipt of annuities from more 
than one retirement system is barred by paragraph (a)(2), but not by 
paragraph (a)(1), of this section, the CSRS or FERS annuity may be 
recomputed to exclude credit for service credited in determining 
entitlement to, or the amount of, the annuity from the other retirement 
system, effective as of the commencing date of the annuity from the 
other retirement system for Federal employees, and the recomputed CSRS 
or FERS annuity may be paid simultaneous with, or for the same period 
as, the annuity from the other retirement system for Federal employees.
    (d) Forfeiture. Where an annuitant's coverage as an employee under 
another retirement system, whether by election or by operation of law or 
regulation, results in forfeiture of annuity rights under CSRS or FERS, 
the CSRS or FERS annuity will terminate as of the effective date of 
coverage.
    (e) Survivors. The rules detailed in this section in regard to dual 
entitlement to annuity benefits under CSRS or FERS and another 
retirement system also apply to dual entitlement to survivor benefits 
under CSRS or FERS and another retirement system, unless the particular 
circumstance is otherwise governed by specific provision of statute or 
regulation.
    (f) Agency responsibilities. The agency responsible for 
administering another retirement system must--
    (1) Promptly notify OPM of an election of coverage under that 
retirement system by a reemployed CSRS or FERS annuitant, or the 
coverage of a reemployed CSRS annuitant under that retirement system by 
election or operation of law or regulation, when such coverage affects 
the annuitant's entitlement to CSRS annuity;
    (2) Promptly notify OPM when a reemployed annuitant separates with 
entitlement to an annuity under the other retirement system that cannot, 
under the provisions of paragraph (a) of this section, be paid 
simultaneous with, or during the same period as, the CSRS annuity; and
    (3) Reimburse OPM for overpayments of annunity resulting from a 
failure to comply with paragraphs (b) (1) and (2) of this section.