
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8452]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
            CHAPTER 84--FEDERAL EMPLOYEES' RETIREMENT SYSTEM
 
                    SUBCHAPTER V--DISABILITY BENEFITS
 
Sec. 8452. Computation of disability annuity

    (a)(1)(A) Except as provided in paragraph (2), or subsection (b), 
(c), or (d), the annuity of an annuitant under this subchapter--
        (i) for the period beginning on the date on which such annuity 
    commences, or is restored (as described in section 8455(b)(2) or 
    (3)), and ending at the end of the twelfth month beginning on or 
    after such date, shall be equal to 60 percent of the annuitant's 
    average pay; and
        (ii) after the end of the period referred to in clause (i), 
    shall be equal to 40 percent of the annuitant's average pay.

    (B) An annuity computed under this paragraph--
        (i) shall not, during any period referred to in subparagraph 
    (A)(i), be adjusted under section 8462; but
        (ii) shall, after the end of any period referred to in 
    subparagraph (A)(i), be adjusted to reflect all adjustments made 
    under section 8462(b) after the end of the period referred to in 
    subparagraph (A)(i), whether the amount actually payable to the 
    annuitant under this section in any month is determined under this 
    subsection or otherwise.

    (2)(A) For any month in which an annuitant is entitled both to an 
annuity under this subchapter as computed under paragraph (1) and to a 
disability insurance benefit under section 223 of the Social Security 
Act, the annuitant's annuity for such month (as so computed) shall--
        (i) if such month occurs during a period referred to in 
    paragraph (1)(A)(i), be reduced by 100 percent of the annuitant's 
    assumed disability insurance benefit for such month; or
        (ii) if such month occurs other than during a period referred to 
    in paragraph (1)(A)(i), be reduced by 60 percent of the annuitant's 
    assumed disability insurance benefit for such month;

except that an annuity may not be reduced below zero by reason of this 
paragraph.
    (B)(i) For purposes of this paragraph, the assumed disability 
insurance benefit of an annuitant for any month shall be equal to--
        (I) the amount of the disability insurance benefit to which the 
    annuitant is entitled under section 223 of the Social Security Act 
    for the month in which the annuity under this subchapter commences, 
    or is restored, or, if no entitlement to such disability insurance 
    benefits exists for such month, the first month thereafter for which 
    the annuitant is entitled both to an annuity under this subchapter 
    and disability insurance benefits under section 223 of the Social 
    Security Act, adjusted by
        (II) all adjustments made under section 8462(b) after the end of 
    the period referred to in paragraph (1)(A)(i) (or, if later, after 
    the end of the month preceding the first month for which the 
    annuitant is entitled both to an annuity under this subchapter and 
    disability insurance benefits under section 223 of the Social 
    Security Act) and before the start of the month involved (without 
    regard to whether the annuitant's annuity was affected by any of 
    those adjustments).

    (ii) For purposes of applying section 224 of the Social Security Act 
to the assumed disability insurance benefit used to compute the 
reduction under this paragraph, the amount of the annuity under this 
subchapter which is considered shall be the amount of the annuity as 
determined before the application of this paragraph.
    (3) Section 8462 shall apply with respect to amounts under this 
subsection only as provided in paragraphs (1) and (2).
    (b)(1) Except as provided in subsection (d), if an annuitant is 
entitled to an annuity under this subchapter as of the day before the 
date of the sixty-second anniversary of the annuitant's birth 
(hereinafter in this section referred to as the annuitant's 
``redetermination date''), such annuity shall be redetermined by the 
Office in accordance with paragraph (2). Effective as of the annuitant's 
redetermination date, the annuity (as so redetermined) shall be in lieu 
of any annuity to which such annuitant would otherwise be entitled under 
this subchapter.
    (2)(A) An annuity redetermined under this subsection shall be equal 
to the amount of the annuity to which the annuitant would be entitled 
under section 8415, taking into account the provisions of subparagraph 
(B).
    (B) In performing a computation under this paragraph--
        (i) creditable service of an annuitant shall be increased by 
    including any period (or periods) before the annuitant's 
    redetermination date during which the annuitant was entitled to an 
    annuity under this subchapter; and
        (ii) the average pay which would otherwise be used shall be 
    adjusted to reflect all adjustments made under section 8462(b) with 
    respect to any period (or periods) referred to in clause (i) 
    (without regard to whether the annuitant's annuity was affected by 
    any of those adjustments).

    (c) Except as provided in subsection (d), the annuity of an 
annuitant under this subchapter shall be computed under section 8415 
if--
        (1) such annuity commences, or is restored, beginning on or 
    after the redetermination date of the annuitant; or
        (2) as of the day on which such annuity commences, or is 
    restored, the annuitant satisfies the age and service requirements 
    for entitlement to an annuity under section 8412 (other than 
    subsection (g) of such section).

    (d)(1) The annuity to which an annuitant is entitled under this 
section (after the reduction under subsection (a)(2), if applicable, has 
been made) shall not be less than the amount of an annuity computed 
under section 8415 (excluding subsection (f) of such section).
    (2) In applying this subsection with respect to any annuitant, the 
amount of an annuity so computed under section 8415 shall be adjusted 
under section 8462 (including subsection (c) thereof)--
        (A) to the same extent, and otherwise in the same manner, as if 
    it were an annuity--
            (i) subject to adjustment under such section; and
            (ii) with a commencement date coinciding with the date the 
        annuitant's annuity commenced or was restored under this 
        subchapter, as the case may be; and

        (B) whether the amount actually payable to the annuitant under 
    this section in any month is determined under this subsection or 
    otherwise.

(Added Pub. L. 99-335, title I, Sec. 101(a), June 6, 1986, 100 Stat. 
566; amended Pub. L. 99-556, title I, Secs. 104, 106, Oct. 27, 1986, 100 
Stat. 3131, 3132; Pub. L. 100-238, title I, Sec. 122(a)-(c), Jan. 8, 
1988, 101 Stat. 1753, 1754.)

                       References in Text

    Sections 223 and 224 of the Social Security Act, referred to in 
subsec. (a)(2), are classified to sections 423 and 424a, respectively, 
of Title 42, The Public Health and Welfare.


                               Amendments

    1988--Subsec. (a)(1)(B). Pub. L. 100-238, Sec. 122(c)(2)(A), amended 
subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: 
``An annuity computed under this paragraph shall not, for purposes of 
any adjustment under section 8462 (including any adjustment under 
subsection (c)(1) of such section), be considered to have commenced 
until after such annuity ceases to be determined under subparagraph 
(A)(i).''
    Subsec. (a)(2)(B)(i). Pub. L. 100-238, Sec. 122(a), amended cl. (i) 
generally. Prior to amendment, cl. (i) read as follows: ``For purposes 
of this paragraph, the assumed disability insurance benefit of an 
annuitant for any month shall be equal to--
        ``(I) the amount of the disability insurance benefit to which 
    the annuitant would have been entitled under section 223 of the 
    Social Security Act for the month in which the annuity under this 
    subchapter commenced, or was restored, determined as if such 
    annuitant had then satisfied all requirements for entitlement to a 
    benefit under such section, adjusted by
        ``(II) all adjustments made under section 8462(b) between the 
    date on which the annuity commenced, or was restored, and the start 
    of the month involved (without regard to whether the annuitant's 
    annuity was affected by any of those adjustments).
For purposes of computing the assumed disability insurance benefit, the 
month in which the annuitant's disability began (as determined under 
section 216(i)(2)(C) of the Social Security Act) shall be the month in 
which the annuity commenced or, if earlier (and if a determination was 
actually made) the month determined under such section.''
    Subsec. (a)(3). Pub. L. 100-238, Sec. 122(c)(2)(B), added par. (3).
    Subsec. (b). Pub. L. 100-238, Sec. 122(b), amended subsec. (b) 
generally, substituting pars. (1) and (2) for former pars. (1) to (4).
    Subsec. (d). Pub. L. 100-238, Sec. 122(c)(1), designated existing 
provisions as par. (1) and added par. (2).
    1986--Subsec. (b)(3). Pub. L. 99-556, Sec. 106, substituted 
``(a)(1)(A)(i)'' for ``(a)(1)(A)'' in second sentence.
    Subsec. (d). Pub. L. 99-556, Sec. 104, inserted ``(after the 
reduction under subsection (a)(2), if applicable, has been made)''.


                    Effective Date of 1988 Amendment

    Section 122(d) of Pub. L. 100-238 provided that: ``The amendments 
made by this section [amending this section] shall be effective as of 
January 1, 1987, as if they had been enacted as part of the Federal 
Employees' Retirement System Act of 1986 (Public Law 99-335; 100 Stat. 
514 and following).''

                  Section Referred to in Other Sections

    This section is referred to in sections 8415, 8418, 8419, 8442, 
8451, 8455, 8462 of this title; title 22 section 4071d.
