Collapse to view only § 2051. Retirement for disability or incapacity; medical examination; recovery
- § 2051. Retirement for disability or incapacity; medical examination; recovery
- § 2052. Death in service
- § 2053. Voluntary retirement
- § 2054. Discontinued service benefits
- § 2055. Mandatory retirement
- § 2056. Eligibility for annuity
§ 2051. Retirement for disability or incapacity; medical examination; recovery
(a) Disability retirement
(1) Eligibility
(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
(B) Waiver for mentally incompetent participant
(b) Computation of disability annuity
(1) In general
(2) Coordination with military retired pay and veterans’ compensation and pension
(c) Medical examinations
(1) Medical examination required for determination of disability
(2) Annual reexaminations until age 60
(3) Reinstatement
(4) Termination of disability annuity
(5) Payment of fees
(6) Suspension of annuity pending required examination
(7) Termination of annuity upon restoration of earning capacity
(d) Treatment of recovered disability annuitant who is not reinstated
(1) Separation
(2) Retirement
(3) Further disability before age 62
(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
(3) Greater benefit
(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
(3) Prorating deduction
(Pub. L. 88–643, title II, § 231, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3220; amended Pub. L. 103–178, title II, § 202(a)(8), Dec. 3, 1993, 107 Stat. 2026.)
§ 2052. Death in service
(a) Return of contributions when no annuity payable
(b) Survivor annuity for surviving spouse or former spouse
(1) In general
(2) Computation
(3) Limitation
(4) Precedence of section 2034 survivor annuity over death-in-service annuity
(c) Annuities for surviving children
(1) Participants dying before April 1, 1992
In the case of a participant who before April 1, 1992, died before separation or retirement from the Agency and who was survived by a child or children—
(A) if the participant was survived by a spouse, there shall be paid from the fund to or on behalf of each such surviving child an annuity determined under section 2031(d)(3)(A) of this title; and
(B) if the participant was not survived by a spouse, there shall be paid from the fund to or on behalf of each such surviving child an annuity determined under section 2031(d)(3)(B) of this title.
(2) Participants dying on or after April 1, 1992
In the case of a participant who on or after April 1, 1992, dies before separation or retirement from the Agency and who is survived by a child or children—
(A) if the participant is survived by a spouse or former spouse who is the natural or adoptive parent of a surviving child of the participant, there shall be paid from the fund to or on behalf of each such surviving child an annuity determined under section 2031(d)(3)(A) of this title; and
(B) if the participant is not survived by a spouse or former spouse who is the natural or adoptive parent of a surviving child of the participant, there shall be paid to or on behalf of each such surviving child an annuity determined under section 2031(d)(3)(B) of this title.
(3) “Former spouse” defined
(Pub. L. 88–643, title II, § 232, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3223; amended Pub. L. 103–178, title II, § 202(a)(9), Dec. 3, 1993, 107 Stat. 2026; Pub. L. 116–92, div. E, title LXII, § 6202(a)(2)(A)(i), Dec. 20, 2019, 133 Stat. 2185.)
§ 2053. Voluntary retirement
(a) A participant who is at least 50 years of age and has completed 20 years of service may, on the participant’s application and with the consent of the Director, be retired from the Agency and receive benefits in accordance with the provisions of section 2031 of this title if the participant has not less than 10 years of service with the Agency.
(b) A participant who has at least 25 years of service, ten years of which are with the Agency, may retire, with the consent of the Director, at any age and receive benefits in accordance with the provisions of section 2031 of this title if the Office of Personnel Management has authorized separation from service voluntarily for Agency employees under section 8336(d)(2) of title 5 with respect to the Civil Service Retirement System or section 8414(b)(1)(B) of such title with respect to the Federal Employees’ Retirement System.
(Pub. L. 88–643, title II, § 233, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3225; amended Pub. L. 103–36, § 3, June 8, 1993, 107 Stat. 106.)
§ 2054. Discontinued service benefits
(a) Deferred annuity
A participant who separates from the Agency may, upon separation or at any time before the commencement of an annuity under this subchapter, elect—
(1) to have the participant’s contributions to the fund returned to the participant in accordance with section 2071(a) of this title; or
(2) except in a case in which the Director determines that separation was based in whole or in part on the ground of disloyalty to the United States, to leave the contributions in the fund and receive an annuity, computed as prescribed in section 2031 of this title, commencing at age 62.
(b) Refund of contributions if former participant dies before age 62
(Pub. L. 88–643, title II, § 234, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3225; amended Pub. L. 103–178, title II, § 202(a)(10), Dec. 3, 1993, 107 Stat. 2026.)
§ 2055. Mandatory retirement
(a) Involuntary retirement
(1)Authority of director.—The Director may, in the Director’s discretion, place in a retired status any participant in the system described in paragraph (2).
(2) Paragraph (1) applies with respect to any participant who has not less than 10 years of service with the Agency and who—
(A) has completed at least 25 years of service; or
(B) is at least 50 years of age and has completed at least 20 years of service.
(b) Mandatory retirement for age
(1) In generalA participant in the system shall be automatically retired from the Agency—
(A) upon reaching age 65, in the case of a participant in the system who is at the Senior Intelligence Service rank of level 4 or above; and
(B) upon reaching age 60, in the case of any other participant in the system.
(2) Effective date of retirement
(3) Authority for extension
(c) Retirement benefits
(Pub. L. 88–643, title II, § 235, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3225; amended Pub. L. 111–259, title II, § 201, Oct. 7, 2010, 124 Stat. 2657.)
§ 2056. Eligibility for annuity
(a) One-out-of-two requirement
(b) Refund of contributions for time not allowed for credit
(c) Exception
(Pub. L. 88–643, title II, § 236, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3226.)