Reinstatement of disability annuity.
CFR · 2024-01-01 · US · Title 5
(a) When a disability annuity stops, the individual must again prove that he or she meets the eligibility requirements in order to have the annuity reinstated. (b) (2) Except in the case of an individual receiving an annuity under § 844.404(b), OPM will, as provided in paragraph (d) of this section, reinstate the disability annuity of a former annuitant whose annuity was terminated because he or she was found recovered on the basis of Federal reemployment when: (i) The results of a current medical examination show that the individual's medical condition has worsened since the finding of recovery and that the original disability on which retirement was based has recurred; and (ii) As a result, he or she has been: (A) Separated and not reemployed in a position subject to FERS; or (B) Placed in a position that results in a reduction in grade or pay below that from which the individual retired, or in a change to a temporary or intermittent appointment. The right to the reinstated annuity begins on the date the reemployment ends or the effective date of the placement in the position that results in a reduction in grade or pay or change in appointment. (c) (i) Is not reemployed in a position subject to FERS; (ii) Has not recovered from the disability for which the individual retired (except in the case of a military reserve technician whose annuity was awarded under 5 U.S.C. 8456); and (iii) Again loses earning capacity, as determined by OPM. (2) The reinstated annuity is payable f
official document · source cfr-2024 · id 5:§ 844.404