
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: 5USC8464a]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
            CHAPTER 84--FEDERAL EMPLOYEES' RETIREMENT SYSTEM
 
          SUBCHAPTER VI--GENERAL AND ADMINISTRATIVE PROVISIONS
 
Sec. 8464a. Relationship between annuity and workers' 
        compensation
        
    (a)(1) An individual is not entitled to receive--
        (A) an annuity under subchapter II or V, and
        (B) compensation for injury to, or disability of, such 
    individual under subchapter I of chapter 81, other than compensation 
    payable under section 8107,

covering the same period of time.
    (2) An individual is not entitled to receive an annuity under 
subchapter IV and a concurrent benefit under subchapter I of chapter 81 
on account of the death of the same person.
    (3) Paragraphs (1) and (2) do not bar the right of a claimant to the 
greater benefit conferred by either this chapter or subchapter I of 
chapter 81.
    (b) If an individual is entitled to an annuity under subchapter II, 
IV, or V, and the individual receives a lump-sum payment for 
compensation under section 8135 based on the disability or death of the 
same person, so much of the compensation as has been paid for a period 
extended beyond the date payment of the annuity commences, as determined 
by the Department of Labor, shall be refunded to that Department for 
credit to the Employees' Compensation Fund. Before the individual may 
receive the annuity, the individual shall--
        (1) refund to the Department of Labor the amount representing 
    the commuted compensation payments for the extended period; or
        (2) authorize the deduction of the amount from the annuity.

Deductions from the annuity may be made from accrued or accruing 
payments. The amounts deducted and withheld from the annuity shall be 
transmitted to the Department of Labor for reimbursement to the 
Employees' Compensation Fund. When the Department of Labor finds that 
the financial circumstances of an individual entitled to an annuity 
under subchapter II, IV, or V warrant deferred refunding, deductions 
from the annuity may be prorated against and paid from accruing payments 
in such manner as the Department determines appropriate.

(Added Pub. L. 100-238, title I, Sec. 124(a)(1)(B), Jan. 8, 1988, 101 
Stat. 1755.)


                            Prior Provisions

    Provisions similar to this section were contained in section 8456 of 
this title prior to repeal by Pub. L. 100-238.


                             Effective Date

    Section effective Jan. 1, 1987, and applicable with respect to 
benefits payable based on a death or disability occurring on or after 
that date, see section 124(c) of Pub. L. 100-238 set out as an Effective 
Date of 1988 Amendment note under section 8337 of this title.
