[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: 5CFR842.206]

[Page 283-284]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 842_FEDERAL EMPLOYEES RETIREMENT SYSTEM_BASIC ANNUITY--Table of Contents
 
                          Subpart B_Eligibility
 
Sec. 842.206  Involuntary retirement.

    (a) An employee, other than an employee entitled to an annuity under 
Sec. 842.207 or Sec. 842.208, who separates from the service 
involuntarily after completing 25 years of service, or after becoming 
age 50 and completing 20 years of service is entitled to an annuity, 
except as provided in paragraphs (b) and (c) of this section.
    (b) An employee who is separated for cause on charges of misconduct 
or delinquency is not entitled to an annuity under paragraph (a) of this 
section.
    (c) An employee who would otherwise be entitled to an annuity under 
paragraph (a) of this section is not so entitled if the employee has 
declined a reasonable offer of another position that meets all of the 
following conditions:
    (1) The offer must be made in writing;
    (2) The employee must meet established qualification requirements; 
and
    (3) The offered position must be--
    (i) In the employee's agency, including an agency to which the 
employee would be transferred in a transfer of function(s) between 
agencies;

[[Page 284]]

    (ii) Within the employee's commuting area unless geographic mobility 
is a condition of the employee's employment;
    (iii) Of the same tenure and work schedule; and
    (iv) Not lower than the equivalent of two grades or pay levels below 
the employee's current grade or pay level, without consideration of the 
employee's eligibility to retain his or her current grade or pay under 
part 536 of this chapter or other authority. In movements between pay 
schedules or pay systems, the representative rate of the grade or pay 
level that is two grades below that of the current position will be 
compared with the representative rate of the grade or pay level of the 
offered position. For this purpose, ``representative rate'' has the 
meaning given that term in Sec. 536.102 of this chapter.
    (d) An annuity payable under paragraph (a) of this section commences 
on the day after separation from the service.