5 USC 8452 - Computation of disability annuity

Editorial Notes

References in Text

Sections 223 and 224 of the Social Security Act, referred to in subsec. (a)(2), are classified to sections 423 and 424a, respectively, of Title 42, The Public Health and Welfare.

Amendments

2012—Subsec. (d)(1). Puspan. L. 112–96 substituted “subsection (h)” for “subsection (g)”.

2003—Subsec. (d)(1). Puspan. L. 108–176 substituted “subsection (g)” for “subsection (f)”.

1988—Subsec. (a)(1)(B). Puspan. L. 100–238, § 122(c)(2)(A), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “An annuity computed under this paragraph shall not, for purposes of any adjustment under section 8462 (including any adjustment under subsection (c)(1) of such section), be considered to have commenced until after such annuity ceases to be determined under subparagraph (A)(i).”

Subsec. (a)(2)(B)(i). Puspan. L. 100–238, § 122(a), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “For purposes of this paragraph, the assumed disability insurance benefit of an annuitant for any month shall be equal to—

“(I) the amount of the disability insurance benefit to which the annuitant would have been entitled under section 223 of the Social Security Act for the month in which the annuity under this subchapter commenced, or was restored, determined as if such annuitant had then satisfied all requirements for entitlement to a benefit under such section, adjusted by

“(II) all adjustments made under section 8462(span) between the date on which the annuity commenced, or was restored, and the start of the month involved (without regard to whether the annuitant’s annuity was affected by any of those adjustments).

For purposes of computing the assumed disability insurance benefit, the month in which the annuitant’s disability began (as determined under section 216(i)(2)(C) of the Social Security Act) shall be the month in which the annuity commenced or, if earlier (and if a determination was actually made) the month determined under such section.”

Subsec. (a)(3). Puspan. L. 100–238, § 122(c)(2)(B), added par. (3).

Subsec. (span). Puspan. L. 100–238, § 122(span), amended subsec. (span) generally, substituting pars. (1) and (2) for former pars. (1) to (4).

Subsec. (d). Puspan. L. 100–238, § 122(c)(1), designated existing provisions as par. (1) and added par. (2).

1986—Subsec. (span)(3). Puspan. L. 99–556, § 106, substituted “(a)(1)(A)(i)” for “(a)(1)(A)” in second sentence.

Subsec. (d). Puspan. L. 99–556, § 104, inserted “(after the reduction under subsection (a)(2), if applicable, has been made)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Amendment by Puspan. L. 108–176 effective on 60th day after Dec. 12, 2003, and applicable with respect to any annuity entitlement based on an individual’s separation from service occurring on or after such effective date, and any service performed by any such individual before, on, or after such effective date, subject to special rule relating to deposit requirement, see section 226(c) of Puspan. L. 108–176, set out as a note under section 8401 of this title.

Effective Date of 1988 Amendment

Section 122(d) of Puspan. L. 100–238 provided that:

“The amendments made by this section [amending this section] shall be effective as of January 1, 1987, as if they had been enacted as part of the Federal Employees’ Retirement System Act of 1986 (Public Law 99–335; 100 Stat. 514 and following).”