[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: 5CFR837.504]

[Page 181-182]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 837_REEMPLOYMENT OF ANNUITANTS--Table of Contents
 
               Subpart E_Retirement Benefits on Separation
 
Sec. 837.504  Redetermined annuity.

    (a) Title requirements. (1) A reemployed annuitant is entitled, on 
separation, or conversion to intermittent service, to a redetermined 
annuity if--
    (i) The annuitant performed--
    (A) At least 5 years of actual, continuous, full-time service;
    (B) Actual, continuous part-time service equivalent to 5 years of 
actual full-time service, or;
    (C) A combination of part-time and full-time actual, continuous 
service that is equivalent to 5 years of actual full-time service.
    (ii)(A) The annuity was not terminated or suspended during 
reemployment; and
    (B) The pay during reemployment was subject to offset by the amount 
of annuity allocable to the period of reemployment; or

[[Page 182]]

    (C) The reemployed annuitant separated from an interim appointment 
made under the provisions of Sec. 772.102 of this chapter.
    (iii) Retirement deductions are withheld, or a deposit is paid, for 
the entire period of continuous reemployment service immediately 
preceding the most recent separation from reemployment service; and
    (iv) The reemployed annuitant elects the redetermined annuity in 
lieu of his or her prior annuity and the supplemental annuity that would 
be payable under Sec. 837.503 of this subpart.
    (2) An employee whose annuity was terminated under the provisions of 
Sec. 837.202(b)(1)(iii) of this part, and who has not elected FERS 
coverage, is entitled to a redetermined annuity on separation.
    (b) Computation. (1) A redetermined annuity is computed using all 
the reemployed annuitant's creditable service, under the provisions of 
law in effect governing the payment of CSRS and/or FERS annuities, as 
may be applicable, at the time of separation from reemployment service, 
or conversion to intermittent status.
    (2) The amount of the redetermined annuity of an individual whose 
previous annuity was terminated under the provisions of Sec. 
837.202(b)(1)(iii) of this part will at least equal the amount of the 
terminated annuity plus any increases under section 8340 of title 5, 
United States Code, occurring after the termination of the previous 
annuity and before the commencement of the redetermined annuity, 
adjusted by any annuity increase or reduction resulting from additional 
or different elections made by the reemployed annuitant.
    (c) Commencing date. The commencing date of the redetermined annuity 
is the same as the law and/or regulations would provide in the case of a 
retiring employee.