
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: 5USC8455]

 
             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. 8455. Recovery; restoration of earning capacity

    (a)(1) If an annuitant receiving a disability retirement annuity 
from the Fund recovers from the disability before becoming 60 years of 
age, payment of the annuity terminates on reemployment by the Government 
or 1 year after the date on which the Office determines that the 
annuitant has recovered, whichever is earlier.
    (2) If an annuitant receiving a disability annuity from the Fund, 
before becoming 60 years of age, is restored to an earning capacity 
fairly comparable to the current rate of pay of the position occupied at 
the time of retirement, payment of the annuity terminates 180 days after 
the end of the calendar year in which earning capacity is so restored. 
Earning capacity is deemed restored if in any calendar year the income 
of the annuitant from wages or self-employment or both equals at least 
80 percent of the current rate of pay of the position occupied 
immediately before retirement.
    (b)(1) If an annuitant whose annuity is terminated under subsection 
(a) is not reemployed in a position in which that individual is subject 
to this chapter, such individual is deemed, except for service credit, 
to have been involuntarily separated from the service for the purpose of 
subchapter II of this chapter as of the date of termination of the 
disability annuity, and after that termination is entitled to annuity 
under the applicable provisions of such subchapter.
    (2) If an annuitant whose annuity is terminated under subsection 
(a)(2)--
        (A) is not reemployed in a position subject to this chapter; and
        (B) has not recovered from the disability for which that 
    individual was retired;

the annuity of such individual shall be restored at the applicable rate 
under section 8452 effective the first of the year following any 
calendar year in which such individual's income from wages or self-
employment or both is less than 80 percent of the current rate of pay of 
the position occupied immediately before retirement.
    (3) If an annuitant whose annuity is terminated because of a medical 
finding that the individual has recovered from disability is not 
reemployed in a position in which such individual is subject to this 
chapter, the annuity of such individual shall be restored at the 
applicable rate under section 8452 effective from the date on which the 
Office determines that there has been a recurrence of the disability.
    (4) Paragraphs (2) and (3) shall not apply in the case of an 
annuitant receiving an annuity from the Fund under subchapter II of this 
chapter.

(Added Pub. L. 99-335, title I, Sec. 101(a), June 6, 1986, 100 Stat. 
568.)

                  Section Referred to in Other Sections

    This section is referred to in sections 8452, 8456 of this title.
