[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR837.402]

[Page 186]
 
                    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.  837.402  Special notice.

    (a) To annuitant. In addition to the advice described in paragraph 
837.103(b) of this part, the agency should generally also advise a 
disability annuitant, in writing, prior to reemployment, that--
    (1) Reemployment on a permanent basis in a position equivalent in 
grade and pay to the position from which the annuitant retired may 
constitute the basis for an OPM finding of recovery from disability;
    (2) Reemployment subject to medical and physical qualification 
standards equivalent to those of the position from which the annuitant 
retired may constitute the basis for an OPM finding of recovery from 
disability;
    (3) The pay of the position in which the annuitant is reemployed, 
prior to the offset of annuity, or the pay of an interim appointment 
under Sec.  772.102 of this chapter, as may be applicable, will be 
included as earnings in determining whether the disability annuity will 
be terminated due to restoration to earning capacity;
    (4) Receipt of, or continued entitlement to receive, full or partial 
FEC benefits during reemployment, when those benefits are based on the 
same injury or medical condition that is the basis for OPM's award of 
disability retirement, is conclusive evidence (unless there is 
contravening medical evidence) that the annuitant has not recovered from 
the disability; and
    (5) A disability annuitant age 60 or over cannot be found by OPM to 
be restored to earning capacity, and can only be found recovered at the 
annuitant's request.
    (b) To OPM. On reemployment of a disability annuitant, the employing 
agency shall, in addition to the notice required by Sec.  837.103(a) of 
this part, notify OPM in writing of--
    (1) The physical and medical requirements of the position (providing 
a copy of the employee's position description);
    (2) The position's grade level and/or rate of pay;
    (3) Whether the employment is full-time, part-time, or intermittent;
    (4) Whether, to the best of the agency's knowledge, the reemployed 
annuitant is receiving, or entitled to receive, FEC benefits; and
    (5) Whether any medical evidence was used in making the employment 
decision, and if so, provide OPM with a copy of the medical information.