
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC7086]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                    PART III--EDUCATION AND TRAINING
 
 CHAPTER 607--RETIREMENT OF CIVILIAN MEMBERS OF THE TEACHING STAFFS OF 
  THE UNITED STATES NAVAL ACADEMY AND UNITED STATES NAVAL POSTGRADUATE 
                                 SCHOOL
 
Sec. 7086. Physical disability retirement

    (a) Each civilian member who has served not less than five years, 
and who, before reaching the age of 65, becomes totally disabled for 
useful and efficient service in his position, by reason of disease or 
injury not due to his own vicious habits, intemperance, or willful 
misconduct shall, upon his application or upon the request of the 
Secretary of the Navy, be retired with a life annuity computed under 
section 7085 of this title.
    (b) The amount that the Secretary shall pay annually under this 
section is the difference between the total amount to which the retired 
member is entitled under subsection (a) and the immediate life annuity 
to which he is entitled at the time of his disability retirement under 
the annuity policy required by section 7082 of this title.
    (c) Each civilian member retired under this section, unless the 
disability for which he was retired is permanent in character, shall be 
examined by a board of medical officers designated by the Superintendent 
of the Naval Academy or of the Postgraduate School, as appropriate, one 
year after his retirement and annually thereafter, until he becomes 65 
years of age.
    (d) Payments by the Secretary under this section shall be terminated 
if the retired civilian member is found to be sufficiently recovered for 
useful and efficient service in his former position and is offered 
reemployment in that position by the Superintendent.
    (e) If a civilian member retired under this section is later 
reemployed by the United States, the payments by the Secretary shall be 
terminated.
    (f) Each civilian member retired under this section who is 
reemployed as a civilian member of the teaching staff of the Naval 
Academy or the Naval Postgraduate School shall, upon his later 
retirement, be paid annually by the Secretary the difference between the 
total annual amount computed under section 7085 of this title and the 
immediate life annuity which the total premiums paid on his annuity 
contracts would buy.
    (g) No person may receive payments from the Secretary of the Navy 
under this chapter and, for the same period of time, compensation under 
chapter 81 of title 5.

(Aug. 10, 1956, ch. 1041, 70A Stat. 439; Pub. L. 89-718, Sec. 40, Nov. 
2, 1966, 80 Stat. 1120.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
7086..................................  34 U.S.C. 1073c-2.                   Ja
n. 16, 1936, ch. 3, Sec.  4B;
                                                                              a
dded Aug. 2, 1946, ch. 740, 60
                                                                              S
tat. 804.
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---------------------------------

    In subsection (a) the words ``reaching the age of 65'' are 
substituted for the words ``becoming eligible for retirement under the 
conditions defined in the preceding sections hereof'', since a civilian 
member's 65th birthday is the date on which he becomes eligible for 
retirement under this chapter.
    In subsection (c) the words ``or the Postgraduate School, as 
appropriate'' are inserted because the Postgraduate School and the Naval 
Academy are now two separate institutions.
    In subsection (f) the words ``or the Naval Postgraduate School'' are 
inserted for the same reason.
    In subsection (g) the words ``Federal Employees Compensation Act of 
September 7, 1916, as amended (5 U.S.C. 751 et seq.),'' are substituted 
for the words ``Act of Sept. 7, 1916, entitled `An act to provide 
compensation for employees of the United States suffering injuries while 
in the performance of their duties, and for other purposes' ''. 
Authority for referring to this Act as the Federal Employees 
Compensation Act is contained in the Federal Employees Compensation Act 
Amendments of 1949, 63 Stat. 854. The words ``but this provision shall 
not bar the right of any claimant to the greater benefit conferred by 
either Act for any part of the same period'' are omitted as unnecessary.


                               Amendments

    1966--Subsec. (g). Pub. L. 89-718 substituted ``chapter 81 of title 
5'' for ``sections 751-756, 757-791, and 793 of title 5''.

                  Section Referred to in Other Sections

    This section is referred to in section 7087 of this title.
