[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR837.403]

[Page 179]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 837_REEMPLOYMENT OF ANNUITANTS--Table of Contents
 
             Subpart D_Reemployment of Disability Annuitants
 
Sec. 837.403  Termination of annuity during reemployment.

    (a) Agency action. When a reemployed disability annuitant is found 
recovered from disability or restored to earning capacity by OPM, OPM 
shall terminate the annuity as of the date of the finding, and the 
employing agency shall cease reducing pay by the amount of annuity 
allocable to the period of reemployment effective that same date. If the 
appointment is subject to retirement deductions, retirement deductions 
will begin or continue, as the case may be.
    (b) Subsequent benefits--(1) CSRS. If, on separation from a period 
of reemployment during which the disability annuity was terminated 
because of recovery or restoration to earning capacity, the former 
disability annuitant is entitled to either an immediate or deferred 
annuity based on the most recent separation, any right to an annuity 
based on a prior separation is permanently extinguished. If no such 
right to immediate or deferred annuity accrues based on this most recent 
separation, however, any right to immediate or deferred annuity will be 
determined on the basis of the next prior separation.
    (2) FERS. If a disability annuity is terminated during a period of 
reemployment because of recovery or restoration to earning capacity, any 
right to an annuity based on a prior separation is permanently 
extinguished, except as otherwise provided by Sec. 844.405(b)(2) of 
this chapter.