[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR844.302]

[Page 350]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 844_FEDERAL EMPLOYEES' RETIREMENT SYSTEM_DISABILITY RETIREMENT--
Table of Contents
 
               Subpart C_Computation of Disability Annuity
 
Sec. 844.302  Computation of disability annuity before age 62.

    (a) For the purposes of this subpart, the ``adjusted social security 
disability benefit'' is the benefit to which an annuitant is entitled 
under section 223 of the Social Security Act:
    (1) For the month in which the annuity under this part commences, or 
is reinstated under Sec. 844.405, or, if later, the first month for 
which the annuitant is entitled to both an annuity under this part and a 
social security disability benefit;
    (2) Including, where appropriate, a reduction under section 224 of 
the Social Security Act, based on the amount of the disability annuity 
under this subpart without regard to paragraphs (b)(2) and (c)(2) of 
this section; and
    (3) Adjusted by each cost-of-living increase effective under 5 
U.S.C. 8462(b) beginning with the later of the month after the 12-month 
period referred to in paragraph (b)(1) of this section, or the first 
month for which the annuitant is entitled to both an annuity under this 
part and a social security disability benefit.
    (b)(1) Except as otherwise provided in this part, the annuity 
payable under this subpart until the end of the 12th month beginning 
after the annuity commences (or is reinstated under Sec. 844.405) is 
equal to 60 percent of the annuitant's average pay.
    (2) For months for which the annuitant is also entitled to a social 
security disability benefit, the amount computed under paragraph (b)(1) 
of this section is reduced by 100 percent of the annuitant's adjusted 
social security disability benefit.
    (c)(1) Except as otherwise provided in this part, the annuity under 
this subpart after the period described in paragraph (b)(1) of this 
section is equal to 40 percent of the annuitant's average pay.
    (2) For months after the period described in paragraph (b)(1) of 
this section for which the annuitant is also entitled to a social 
security disability benefit, the amount computed under paragraph (c)(1) 
of this section is reduced by 60 percent of the annuitant's adjusted 
social security disability benefit.
    (d) For months in which an annuity is reduced under paragraph (b) or 
(c) of this section, any reduction for survivor benefits is made after 
the reduction for social security benefits.