22 USC 4048 - Retirement for disability or incapacity

U.S Code last checked for updates: Nov 22, 2024

§ 4048.

Retirement for disability or incapacity

(a)

Causes; service credit

(b)

Physical examination; reinstatement or reappointment upon recovery; fees and expenses; duration and suspension of annuity

(c)

Benefits upon discontinuance of annuity

(d)

Election of benefits; concurrent benefits allowed

(e)

Lump sum disability payments

Notwithstanding any other law, the right of any individual entitled to an annuity under this part shall not be affected because such person has received an award of compensation in a lump sum under section 8135 of title 5, except that where such annuity is payable on account of the same disability for which compensation under such section has been paid, so much of such compensation as has been paid for any period extended beyond the date such annuity becomes effective, as determined by the Secretary of Labor, shall be refunded to the Department of Labor, to be paid into the Federal Employees’ Compensation Fund. Before such individual receives such annuity, he or she shall—

(1)

refund to the Department of Labor the amount representing such commuted payments for such extended period, or

(2)

authorize the deduction of such amount from the annuity payable under this part, which amount shall be transmitted to the Department of Labor for reimbursement to such Fund.

Deductions from such annuity may be made from accrued and accruing payments, or may be prorated against and paid from accruing payments in such manner as the Secretary of Labor shall determine, whenever the Secretary of Labor finds that the financial circumstances of the annuitant warrant deferred refunding.

(f)

Time of filing application; waiver

(Pub. L. 96–465, title I, § 808, Oct. 17, 1980, 94 Stat. 2110; Ex. Ord. No. 12289, § 2, Feb. 14, 1981, 46 F.R. 12693; Pub. L. 99–335, title IV, § 402(a)(2), (b), June 6, 1986, 100 Stat. 609; Pub. L. 100–238, title II, § 215(a), Jan. 8, 1988, 101 Stat. 1774; Pub. L. 102–54, § 13(h)(2), June 13, 1991, 105 Stat. 275.)

cite as: 22 USC 4048