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OPM shall discontinue the annuity ef. (2) When a disability annuitant fective on the date of reemployment. whose earning capacity has been re

(3) If the disability annuitant has stored, not been found recovered from disabil. (i) Is not reemployed in a position in ity, or restored to earning capacity, which he/she is subject to Civil Servthe employing agency shall offset the ice Retirement coverage; pay of the disability annuitant by the (ii) Has not recovered from the disamount of annuity allocable to the ability for which retired; and period of reemployment.

(iii) Has again lost his/her earning (4) OPM may review the notification capacity, as determined by OPM, of reemployment, and order reexam- before becoming 62 years of age; ination under the provisions of OPM shall reinstate his/her disability $ 831.502(d), as it finds appropriate. In annuity. A reinstated annuity is pay. connection with the reexamination able from January 1 of the year folprocess, the employing agency and/or lowing the calendar year in which the the employee may submit supporting earning capacity was lost. Earning camedical evidence.

pacity is deemed lost if during any cal(5) When a reemployed disability an- endar year the individual's income nuitant is found recovered from dis- from wages and/or self-employment is ability, or restored to earning capacity, less than 80 percent of the current OPM shall discontinue the annuity rate of pay of the position from which from the date of its administrative he/she retired. finding, notify the agency of its deter (3) A reinstated annuity shall be of mination, and instruct the agency to the same type as the original annuity cease reducing pay by the amount of and will be paid at the rate last payannuity allocable to the period of re- able. employment. If the appointment is (4) The reinstatement of disability subject to retirement deductions, annuity terminates the right to any OPM shall instruct the agency to com- other annuity based on the same servmence retirement deductions.

ice, unless the annuitant makes a writ(6) A disability annuity awarded to a ten election to receive the other annuformer National Guard Technician ity instead of the disability annuity. under the provisions of 5 U.S.C. (5) When an employee has a disabil8337(h), in addition to being subject to ity annuity reinstated, the agency the provisions of paragraphs (d) and shall offset the pay of the employee (e) of this section, shall terminate by the amount of annuity allocable to when

the period of reemployment, com(i) The annuitant is reemployed by a

mencing with the date of the adminisdepartment or agency, or

trative determination of eligibility for (ii) The annuitant declines an offer

reinstatement. Any retroactive pay. of employment with a department or

ment of annuity for a period of emagency which is in the same commut

ployment prior to that date shall be ing area and of the same grade as, or a

reduced by the amount of pay earned level equivalent to, the position from

during that period. which the annuitant retired.

(46 FR 16654, Mar. 13, 1981, as amended at (g) Reinstatement of annuity. (1) 46 FR 54497, Nov. 3, 1981; 48 FR 38785, Aug. When a recovered disability annuitant 26, 1983; 49 FR 1331, Jan. 11, 1984) is not reemployed in a position in which he/she is subject to Civil Serv

8 831.503 Automatic separation; exempice Retirement coverage, and based on

tion. the results of a current examination, (a) When an employee meets the reOPM finds that the disability has re- quirements for age retirement on any curred, OPM shall reinstate the indi- day within a month, he is subject to vidual's disability annuity. The right automatic separation at the end of to the reinstated annuity accrues from that month. The department or the date of the medical examination agency shall notify the employee of which demonstrated that the disabil- the automatic separation at least 60 ity has recurred.

days in advance of the separation. If

OPM at least 30 days before this separation date. [33 FR 12498, Sept. 4, 1968, as amended at 34 FR 593, Jan. 16, 1969; 48 FR 38786, Aug. 26, 1983)

the department or agency fails through error to give timely notice, the employee may not be separated without his consent until the end of the month in which the notice expires.

(b)(1) The head of the agency, when in his or her judgment the public interest so requires, may exempt a law enforcement officer or firefighter from automatic separation until that employee becomes 60 years of age.

(2) The Secretary of Transportation and the Secretary of Defense, under such regulations as each may prescribe, may exempt an air traffic controller having exceptional skills and experience as a controller from automatic separation until that controller becomes 61 years of age.

(c) When a department or agency lacks authority and wishes to secure an exemption from automatic separation for one of its employees other than a Presidential appointee, beyond the age(s) provided by statute, i.e., age 60 for a law enforcement officer or firefighter, age 61 for an air traffic controller, and age 62 for an employee of the Alaska Railroad in Alaska or an employee who is a citizen of the United States employed on the Isthmus of Panama by the Panama Canal Commission, the department or agency head shall submit a recommendation to that effect to OPM.

(1) The recommendation shall contain:

(i) A statement that the employee is willing to remain in service;

(ii) A statement of facts tending to establish that his/her retention would be in the public interest;

(iii) The period for which the exemption is desired, which period may not exceed 1 year; and,

(iv) The reasons why the simpler method of retiring the employee and immediately reemploying him or her is not being used.

(2) The recommendation shall be accompanied by a medical certificate showing the physical fitness of the employee to perform his or her work.

(d) OPM may approve an exemption only before the automatic separation date applicable to the employee. For this reason, the department or agency shall forward the recommendation to

8 831.504 Retirement based on involuntary

separation. (a) General. An employee who would otherwise be eligible for retirement based on involuntary separation from the service is not entitled to an annuity under section 8336(d)(1) of title 5, United States Code, if the employee has declined a reasonable offer of another position.

(b) Criteria for reasonable offer. For the purposes of determining entitlement to annuity based on such involuntary separation, the offer of a position must meet all of the following conditions to be considered a reasonable offer:

(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 with his or her function is transferred in a transfer of functions between agencies;

(ii) Within the employee's commuting area as defined in $ 831.502(a) of this subpart, 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 employ. ee'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 shall 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 $ 536.102 of this chapter. [48 FR 38786, Aug. 26, 1983)

Subpart F-Survivor Annuities 8 831.603 Definitions.

As used in this subpartSOURCE: 50 FR 20070, May 13, 1985, unless

CSRS means subchapter III of chapotherwise noted.

ter 83 of title 5, United States Code. 8 831.601 Purpose and scope.

Current spouse means a living

person who is married to the employ(a) This subpart explains the annu

ee, Member, or retiree at the time of ity benefits payable in the event of the

the employee's, Member's, or retiree's death of employees, retirees, and

death. Members; the actions that employees, retirees, Members, and their current

Current spouse annuity means a re

curring benefit under CSRS that is spouses, former spouses, and eligible children must take to qualify for survi

payable (after the employee's, Mem

ber's, or retiree's death) to a current vor annuities; and the types of evidence required to demonstrate entitle

spouse who meets the requirements of

$ 831.618. ment to provide survivor annuities or qualify for survivor annuities.

Deposit means a deposit required by (b) Unless otherwise specified, this

the Civil Service Retirement Spouse subpart, except $ $ 831.621 and 831.622

Equity Act of 1984, Pub. L. 98-615, 98 and the provisions relating to chil

Stat. 3195. “Deposit,” as used in this dren's survivor annuities, only applies subpart does not include a service to employees and Members who retire

credit deposit or redeposit under secunder a provision of law that permits tions 8334(c) or (d) of title 5, United election of a reduced annuity to pro States Code. vide a survivor annuity.

First regular monthly payment

means the first annuity check payable (55 FR 9099, Mar. 12, 1990)

on a recurring basis (other than an es

timated payment or an adjustment 8 831.602 Relation to other regulations.

check) after OPM has initially adjudi(a) Subpart Q of this part contains cated the regular rate of annuity pay. information about former spouses' en able under CSRS and has paid the antitlement to survivor annuities based

nuity accrued since the time of retireon provisions in court orders or court

ment. The "first regular monthly pay. approved property settlement agree ment” is generally preceded by estiments.

mated payments before the claim can (b) Subpart T of this part contains be adjudicated and by an adjustment information about entitlement to

check (including the difference belump-sum death benefits.

tween the estimated rate and the ini(c) Parts 870, 871, 872 and 873 of this tially adjudicated rate). chapter contain information about

Former spouse means a living person coverage under the Federal Employ

who was married for at least 9 months ees' Group Life Insurance Program.

to an employee, Member, or retiree (d) Part 890 of this chapter contains

who performed at least 18 months of information about coverage under the

creditable service in a position covered Federal Employees Health Benefits

by CSRS and whose marriage to the Program.

employee was terminated prior to the (e) Section 831.109 contains informa

death of the employee, Member, or retion about the administrative review

tiree. Except in $ $ 831.621 and 831.622, rights available to a person who has

"former spouse" includes only persons been denied a survivor annuity or an

who were married to an employee or opportunty to make an election under

Member on or after May 7, 1985, or this subpart.

who were the spouse of a retiree who (f) Subparts C and U of this part

retired on or after May 7, 1985, regardcontain information about service less of the date of termination of the credit deposits by survivors of employ, marriage. ees or Members.

Former spouse annuity means a re(50 FR 20070, May 13, 1985, as amended at curring benefit under CSRS that is 51 FR 31931, Sept. 8, 1986

payable to a former spouse after the

(50 FR 20070, May 13, 1985, as amended at 51 FR 31931, Sept. 8, 1986)

employee's, Member's, or retiree's death.

Fully reduced annuity means the recurring payments under CSRS received by a retiree who has elected the maximum allowable reduction in annuity to provide a current spouse annuity and/or a former spouse annuity or annuities.

Insurable interest annuity means the recurring payments under CSRS to a retiree who has elected a reduction in annuity to provide a survivor annuity to a person with an insurable interest in the retiree.

Marriage means a marriage recognized in law or equity under the whole law of the jurisdiction with the most significant interest in the marital status of the employee, Member, or retiree unless the law of that jurisdiction is contrary to the public policy of the United States. If a jurisdiction would recognize more than one marriage in law or equity, the Office of Personnel Management (OPM) will recognize only one marriage, but will defer to the local courts to determine which marriage should be recognized.

Member means a Member of Congress.

Net annuity means the net annuity as defined in § 831.1703.

Partially reduced annuity means the recurring payments under CSRS to a retiree who has elected less than the maximum allowable reduction in annuity to provide a current spouse annuity or a former spouse annuity.

Qualifying court order means a court order that meets the qualifications of $ 831.1704.

Retiree means a former employee or Member who is receiving recurring payments under CSRS based on service by the employee or Member. “Retiree,” as used in this subpart, does not include a current spouse, former spouse, child, or person with an insurable interest receiving a survivor annuity.

Self-only annuity means the recurring unreduced payments under CSRS to a retiree with no survivor annuity to anyone.

Time of retirement means the effective commencing date for a retired em ployee's or Member's annuity.

8 831.604 Election at time of retirement of

fully reduced annuity to provide a cur

rent spouse annuity. (a) A married employee or Member retiring under CSRS will receive a fully reduced annuity to provide a current spouse annuity unless

(1) The employee or Member, with the consent of the current spouse, elects a self-only annuity, a partially reduced annuity, or a fully reduced annuity to provide a former spouse annuity, in accordance with $ 831.605(b) or $ 831.607; or

(2) The employee or Member elects a self-only annuity, a partially reduced annuity or a fully reduced annuity to provide a former spouse annuity, and current spousal consent is waived in accordance with $ 831.608.

(b) Qualifying court orders that award former spouse annuities prevent payment of current spouse annuities to the extent necessary to comply with the court order and § 831.614.

(c) The maximum rate of a current spouse annuity is 55 percent of the rate of the retiring employee's or Member's self-only annuity if the employee or Member is retiring based on a separation from a position under CSRS on or after October 11, 1962. The maximum rate of a current spouse annuity is 50 percent of the rate of the retiring employee's or Member's self-only annuity if the employee or Member is retiring based on a separation from a position covered under CSRS between September 30, 1956, and October 11, 1962.

(d)(1) The amount of the reduction to provide a current spouse annuity equals 242 percent of the first $3600 of the designated survivor base plus 10 percent of the portion of the designated survivor base which exceeds $3600, if

(i) The employee's or Member's separation on which the retirement is based was on or after October 11, 1962; or

(ii) The reduction is to provide a current spouse annuity (under $ 831.613) for a spouse acquired after retirement.

(2) The amount of the reduction to provide a current spouse annuity

under this section for former employ- (2) A qualifying court order requires ees or Members whose retirement is the retiree to provide another former based on separations before October spouse annuity. 11, 1962, equals 242 percent of the first. (e) The maximum rate of a former $2400 of the designated survivor base

spouse annuity under this section or plus 10 percent of the portion of the

8 831.612 is 55 percent of the rate of designated Survivor base which ex

the retiring employee's or Member's ceeds $2400.

self-only annuity if the employee or (50 FR 20070, May 13, 1985, as amended at Member is retiring based on a separa51 FR 31931, Sept. 8, 1986)

tion from a position under CSRS on or

after October 11, 1962. The maximum 8 831.605 Election at time of retirement of a fully reduced annuity or a partially

rate of a former spouse annuity under reduced annuity to provide a former

this section or $ 831.612 is 50 percent spouse annuity.

of the rate of the retiring employee's

or Member's self-only annuity if the (a) An unmarried employee or

employee or Member is retiring based Member retiring under CSRS may

on a separation from a position covelect a fully reduced annuity or a partially reduced annuity to provide a

ered under CSRS between September former spouse annuity or annuities.

30, 1956, and October 11, 1962. (b) A married employee or Member

(f)(1) The amount of the reduction retiring under CSRS may elect a fully to provide one or more former spouse reduced annuity or a partially reduced annuities or a combination of a curannuity to provide a former spouse an- rent spouse annuity and one or more nuity or annuities instead of a fully re- former spouse annuities under this duced annuity to provide a current section equals 242 percent of the first spouse annuity, if the current spouse $3600 of the total designated survivor consents to the election in accordance base plus 10 percent of the portion of with $ 831.607 or spousal consent is the total designated Survivor base waived in accordance with $ 831.608.

which exceeds $3600, if(c) An election under paragraph (a)

(i) The employee's or Member's sepor (b) of this section is void to the

aration on which the retirement is extent that it(1) Conflicts with a qualifying court

based was on or after October 11, 1962;

or order; or (2) Would cause the total of current

(ii) The reduction is to provide a spouse annuities and former spouse

former spouse annuity (under annuities payable based on the em

$ 831.612) for a former spouse from ployee's or Member's service to exceed

whom the employee or Member was 55 percent (or 50 percent if based on a divorced after retirement. separation before October 11, 1962) of (2) The amount of the reduction to the self-only annuity to which the em- provide one or more former spouse anployee or Member would be entitled. nuities or a combination of a current

(d) Any reduction in an annuity to spouse annuity and one or more provide a former spouse annuity will former spouse annuities under this terminate on the first day of the section for employees or Members month after the former spouse remar whose retirement is based on separaries before age 55 or dies, or the

tions before October 11, 1962, equals former spouse's eligibility for a former 242 percent of the first $2400 of the spouse annuity terminates under the

total designated survivor base plus 10 terms of a qualifying court order,

percent of the portion of the total desunless

ignated survivor base which exceeds (1) The retiree elects, within 2 years

$2400. after the former spouse's death or remarriage, to continue the reduction to (50 FR 20070, May 13, 1985, as amended at provide or increase a former spouse 51 FR 31931, Sept. 8, 1986; 55 FR 9100, Mar. annuity for another former spouse, or 12, 1990) to provide or increase a current spouse annuity; or

311-005 0-924-4

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