
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: 5USC8456]

 
             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. 8456. Military reserve technicians

    (a)(1) Except as provided in paragraph (2) or (3), an individual 
shall be retired under this subchapter if the individual--
        (A) is separated from employment as a military reserve 
    technician by reason of a disability that disqualifies the 
    individual from membership in a reserve component of the Armed 
    Forces specified in section 10101 of title 10 or from holding the 
    military grade required for such employment;
        (B) is not considered to be disabled under section 
    8451(a)(1)(B);
        (C) is not appointed to a position in the Government (whether 
    under subsection (b) or otherwise); and
        (D) has not declined an offer of an appointment to a position in 
    the Government under subsection (b).

    (2) Payment of any annuity for an individual pursuant to this 
section terminates--
        (A) on the date the individual is appointed to a position in the 
    Government (whether pursuant to subsection (b) or otherwise);
        (B) on the date the individual declines an offer of appointment 
    to a position in the Government under subsection (b); or
        (C) as provided under section 8455(a).

    (3) An individual eligible to retire under section 8414(c) shall not 
be eligible to retire under this section.
    (b) Any individual applying for or receiving any annuity pursuant to 
this section shall, in accordance with regulations prescribed by the 
Office, be considered by any agency of the Government before any vacant 
position in the agency is filled if--
        (1) the position is located within the commuting area of the 
    individual's former position;
        (2) the individual is qualified to serve in such position, as 
    determined by the head of the agency; and
        (3) the position is at the same grade or equivalent level as the 
    position from which the individual was separated.

(Added Pub. L. 99-335, title I, Sec. 101(a), June 6, 1986, 100 Stat. 
570, Sec. 8457; amended Pub. L. 99-556, title I, Sec. 118, Oct. 27, 
1986, 100 Stat. 3134; renumbered Sec. 8456, Pub. L. 100-238, title I, 
Sec. 124(b)(1)(B), Jan. 8, 1988, 101 Stat. 1756; Pub. L. 103-337, div. 
A, title XVI, Sec. 1677(a)(4), Oct. 5, 1994, 108 Stat. 3019.)


                            Prior Provisions

    A prior section 8456, added Pub. L. 99-355, title I, Sec. 101(a), 
June 6, 1986, 100 Stat. 569, related to relationship between annuity and 
workers' compensation, prior to repeal by Pub. L. 100-238, title I, 
Sec. 124(b)(1)(A), Jan. 8, 1988, 101 Stat. 1756. See section 8464a of 
this title.


                               Amendments

    1994--Subsec. (a)(1)(A). Pub. L. 103-337 substituted ``section 
10101'' for ``section 261(a)''.
    1988--Pub. L. 100-238 renumbered section 8457 of this title as this 
section.
    1986--Subsec. (a)(1)(C), (D), (2)(A), (B). Pub. L. 99-556 
substituted ``subsection (b)'' for ``subsection (c)''.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as 
otherwise provided, see section 1691 of Pub. L. 103-337, set out as an 
Effective Date note under section 10001 of Title 10, Armed Forces.
