
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 50USC2051]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
    CHAPTER 38--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
 
  SUBCHAPTER II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY 
                                 SYSTEM
 
            Part D--Benefits Accruing to Certain Participants
 
Sec. 2051. Retirement for disability or incapacity; medical 
        examination; recovery
        

(a) Disability retirement

                           (1) Eligibility

        A participant who has become disabled shall, upon the 
    participant's own application or upon order of the Director, be 
    retired on an annuity computed under subsection (b) of this section.

              (2) Standard for disability determination

        A participant shall be considered to be disabled only if the 
    participant--
            (A) is found by the Director to be unable, because of 
        disease or injury, to render useful and efficient service in the 
        participant's position; and
            (B) is not qualified for reassignment, under procedures 
        prescribed by the Director, to a vacant position in the Agency 
        at the same grade or level and in which the participant would be 
        able to render useful and efficient service.

                   (3) Time limit for application

        (A) One year requirement

            A claim may be allowed under this section only if the 
        application is submitted before the participant is separated 
        from the Agency or within one year thereafter.

        (B) Waiver for mentally incompetent participant

            The time limitation may be waived by the Director for a 
        participant who, at the date of separation from the Agency or 
        within one year thereafter, is mentally incompetent, if the 
        application is filed with the Agency within one year from the 
        date of restoration of the participant to competency or the 
        appointment of a fiduciary, whichever is earlier.

(b) Computation of disability annuity

                           (1) In general

        Except as provided in paragraph (2), an annuity payable under 
    subsection (a) of this section shall be computed under section 
    2031(a) of this title. However, if the disabled or incapacitated 
    participant has less than 20 years of service credit toward 
    retirement under the system at the time of retirement, the annuity 
    shall be computed on the assumption that the participant has had 20 
    years of service, but the additional service credit that may accrue 
    to a participant under this paragraph may not exceed the difference 
    between the participant's age at the time of retirement and age 60.

      (2) Coordination with military retired pay and veterans' 
                          compensation and pension

        If a participant retiring under this section is receiving 
    retired pay or retainer pay for military service (except that 
    specified in section 2082(e)(3) of this title) or Department of 
    Veterans Affairs compensation or pension in lieu of such retired or 
    retainer pay, the annuity of that participant shall be computed 
    under section 2031(a) of this title, excluding credit for such 
    military service from that computation. If the amount of the annuity 
    so computed, plus the retired or retainer pay which is received, or 
    which would be received but for the application of the limitation in 
    section 5532 \1\ of title 5, or the Department of Veterans Affairs 
    compensation or pension in lieu of such retired or retainer pay, is 
    less than the annuity that would be payable under this section in 
    the absence of the previous sentence, an amount equal to the 
    difference shall be added to the annuity payable under section 
    2031(a) of this title.
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    \1\ See References in Text note below.
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(c) Medical examinations

       (1) Medical examination required for determination of 
                                 disability

        In each case, the participant shall be given a medical 
    examination by one or more duly qualified physicians or surgeons 
    designated by the Director to conduct examinations, and disability 
    shall be determined by the Director on the basis of the advice of 
    such physicians or surgeons.

               (2) Annual reexaminations until age 60

        Unless the disability is permanent, like examinations shall be 
    made annually until the annuitant becomes age 60. If the Director 
    determines on the basis of the advice of one or more duly qualified 
    physicians or surgeons conducting such examinations that an 
    annuitant has recovered to the extent that the annuitant can return 
    to duty, the annuitant may apply for reinstatement or reappointment 
    in the Agency within one year from the date the annuitant's recovery 
    is determined.

                          (3) Reinstatement

        Upon application, the Director may reinstate any such recovered 
    disability annuitant in the grade held at time of retirement, or the 
    Director may, taking into consideration the age, qualifications, and 
    experience of such annuitant, and the present grade of the 
    annuitant's contemporaries in the Agency, appoint the annuitant to a 
    grade higher than the one held before retirement.

                (4) Termination of disability annuity

        Payment of the annuity shall continue until a date one year 
    after the date of examination showing recovery or until the date of 
    reinstatement or reappointment in the Agency, whichever is earlier.

                         (5) Payment of fees

        Fees for examinations under this subsection, together with 
    reasonable traveling and other expenses incurred in order to submit 
    to examination, may be paid out of the fund.

       (6) Suspension of annuity pending required examination

        If the annuitant fails to submit to examination as required 
    under this section, payment of the annuity shall be suspended until 
    continuance of the disability is satisfactorily established.

       (7) Termination of annuity upon restoration of earning 
                                  capacity

        If the annuitant receiving a disability retirement annuity is 
    restored to earning capacity before becoming age 60, payment of the 
    annuity terminates on reemployment by the Government or 180 days 
    after the end of the calendar year in which earning capacity is 
    restored, whichever is earlier. Earning capacity shall be considered 
    to be 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 for the grade and step the annuitant held 
    at the time of retirement.

(d) Treatment of recovered disability annuitant who is not reinstated

                           (1) Separation

        If a recovered or restored disability annuitant whose annuity is 
    discontinued is for any reason not reinstated or reappointed in the 
    Agency, the annuitant shall be considered, except for service 
    credit, to have been separated within the meaning of section 2054 of 
    this title as of the date of termination of the disability annuity.

                           (2) Retirement

        After such termination, the recovered or restored annuitant 
    shall be entitled to the benefits of section 2054 or 2071(a) of this 
    title, except that the annuitant may elect voluntary retirement 
    under section 2053 of this title, if qualified thereunder, or may be 
    placed by the Director in an involuntary retirement status under 
    section 2055(a) of this title, if qualified thereunder. Retirement 
    rights under this paragraph shall be based on the provisions of this 
    subchapter in effect as of the date on which the disability annuity 
    is discontinued.

                (3) Further disability before age 62

        If, based on a current medical examination, the Director 
    determines that a recovered annuitant has, before reaching age 62, 
    again become totally disabled due to recurrence of the disability 
    for which the annuitant was originally retired, the annuitant's 
    terminated disability annuity (same type and rate) shall be 
    reinstated from the date of such medical examination. If a restored-
    to-earning-capacity annuitant has not medically recovered from the 
    disability for which retired and establishes to the Director's 
    satisfaction that the annuitant's income from wages and self-
    employment in any calendar year before reaching age 62 was less than 
    80 percent of the rate of pay for the grade and step the annuitant 
    held at the time of retirement, the annuitant's terminated 
    disability annuity (same type and rate) shall be reinstated from the 
    first of the next following year. If the annuitant has been allowed 
    an involuntary or voluntary retirement annuity in the meantime, the 
    annuitant's reinstated disability annuity shall be substituted for 
    it unless the annuitant elects to retain the former benefit.

(e) Coordination of benefits

                      (1) Workers' compensation

        A participant is not entitled to receive for the same period of 
    time--
            (A) an annuity under this subchapter, and
            (B) compensation for injury to, or disability of, such 
        participant under subchapter I of chapter 81 of title 5, other 
        than compensation payable under section 8107 of such title.

                       (2) Survivor annuities

        An individual is not entitled to receive an annuity under this 
    subchapter and a concurrent benefit under subchapter I of chapter 81 
    of title 5 on account of the death of the same person.

                         (3) Greater benefit

        Paragraphs (1) and (2) do not bar the right of a claimant to the 
    greater benefit conferred by either this subchapter or subchapter I 
    of chapter 81 of title 5.

(f) Offset from survivor annuity for workers' compensation payment

                  (1) Refund to Department of Labor

        If an individual is entitled to an annuity under this subchapter 
    and the individual receives a lump-sum payment for compensation 
    under section 8135 of title 5 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 Secretary of Labor, shall be refunded to the 
    Department for credit to the Employees' Compensation Fund. Before 
    the individual may receive the annuity, the individual shall--
            (A) refund to the Secretary of Labor the amount representing 
        the commuted compensation payments for the extended period; or
            (B) authorize the deduction of the amount from the annuity.

                       (2) Source of deduction

        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 Secretary for reimbursement to the Employees' 
    Compensation Fund.

                       (3) Prorating deduction

        If the Secretary finds that the financial circumstances of an 
    individual entitled to an annuity under this subchapter warrant 
    deferred refunding, deductions from the annuity may be prorated 
    against and paid from accruing payments in such manner as the 
    Secretary determines appropriate.

(Pub. L. 88-643, title II, Sec. 231, as added Pub. L. 102-496, title 
VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3220; amended Pub. L. 103-178, 
title II, Sec. 202(a)(8), Dec. 3, 1993, 107 Stat. 2026.)

                       References in Text

    Section 5532 of title 5, referred to in subsec. (b)(2), was repealed 
by Pub. L. 106-65, div. A, title VI, Sec. 651(a)(1), Oct. 5, 1999, 113 
Stat. 664.


                            Prior Provisions

    A prior section 231 of Pub. L. 88-643, title II, Oct. 13, 1964, 78 
Stat. 1046; Ex. Ord. No. 12326, Sec. 2, Sept. 30, 1981, 46 F.R. 48889; 
Pub. L. 94-522, title II, Secs. 205-207, Oct. 17, 1976, 90 Stat. 2470; 
Ex. Ord. No. 12443, Sec. 1, Sept. 27, 1983, 48 F.R. 44751; Pub. L. 99-
335, title V, Sec. 501(2), June 6, 1986, 100 Stat. 622; Pub. L. 102-183, 
title III, Sec. 305, Dec. 4, 1991, 105 Stat. 1265, related to retirement 
for disability or incapacity, medical examination, and recovery and was 
set out as a note under section 403 of this title prior to the general 
amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-496.


                               Amendments

    1993--Subsec. (d)(2). Pub. L. 103-178 substituted ``2071(a) of this 
title'' for ``2071(b) of this title''.


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section 
202(b) of Pub. L. 103-178, set out as a note under section 2001 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 403s, 2031, 2093, 2111, 2143 
of this title.
