[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: 5CFR844.404]

[Page 344-345]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 844--FEDERAL EMPLOYEES' RETIREMENT SYSTEM--DISABILITY RETIREMENT--Table of Contents
 
     Subpart D--Termination and Reinstatement of Disability Annuity
 
Sec. 844.404  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 (Sec. 844.401) is not reemployed in a position subject to FERS, 
and, based on the results of a current medical examination, OPM finds 
that the disability has recurred, OPM will reinstate the disability 
annuity as provided in paragraph (d) of this section. The right to the 
reinstated annuity begins on the date of the medical documentation 
showing that the disability has recurred, or if the medical 
documentation clearly shows that the disability recurred on an earlier 
date, the annuity will be reinstated on that earlier date.
    (2) Except in the case of an individual receiving an annuity under 
Sec. 844.404(b), OPM will, as provided in paragraph (d) of this section, 
reinstate the disability annuity of a former annuitant whose annuity was 
terminated because he or she was found recovered on the basis of Federal 
reemployment when:
    (i) The results of a current medical examination show that the 
individual's medical condition has worsened since the finding of 
recovery and that the original disability on which retirement was based 
has recurred; and
    (ii) As a result, he or she has been:
    (A) Separated and not reemployed in a position subject to FERS; or
    (B) Placed in a position that results in a reduction in grade or pay 
below that from which the individual retired, or in a change to a 
temporary or intermittent appointment. The right to the reinstated 
annuity begins on the date the reemployment ends or the effective date 
of the placement in the position that results in a reduction in grade or 
pay or change in appointment.
    (c) Reinstatement of annuity terminated because earning capacity was 
restored. (1) OPM will reinstate the disability annuity as provided in 
paragraph (d) of this section when a disability annuitant whose annuity 
was terminated under Sec. 844.402(a):
    (i) Is not reemployed in a position subject to FERS;
    (ii) Has not recovered from the disability for which the individual 
retired (except in the case of a military reserve technician whose 
annuity was awarded under 5 U.S.C. 8456); and
    (iii) Again loses earning capacity, as determined by OPM.
    (2) The reinstated annuity is payable from January 1 of the year 
following the calendar year in which earning capacity was lost. Earning 
capacity is lost if, during any calendar year, the individual's income 
from wages or self-employment or both is less than 80 percent of the 
current rate of basic pay of the position held at retirement.
    (d) Except as provided in Secs. 844.303 and 844.304, a disability 
annuity reinstated under the preceding paragraphs

[[Page 345]]

of this section is paid at the rate provided under Sec. 844.302(b) until 
the end of the 12th month beginning after the annuity is reinstated. 
Thereafter, the rate determined under Sec. 844.302(c) is payable until 
age 62.
    (e) Notwithstanding the preceding paragraphs, an annuity may not be 
reinstated under this section if the individual is receiving an annuity 
under part 842 of this chapter.

[55 FR 6598, Feb. 26, 1990. Redesignated and amended at 58 FR 48273, 
Sept. 15, 1993]