(a) Title requirements.(1) A reemployed annuitant is entitled, on separation, or conversion to intermittent service, to a redetermined annuity if—
(i) The annuitant performed—
(A) At least 5 years of actual, continuous, full-time service;
(B) Actual, continuous part-time service equivalent to 5 years of actual full-time service, or;
(C) A combination of part-time and full-time actual, continuous service that is equivalent to 5 years of actual full-time service.
(ii) (A) The annuity was not terminated or suspended during reemployment; and
(B) The pay during reemployment was subject to offset by the amount of annuity allocable to the period of reemployment; or
(C) The reemployed annuitant separated from an interim appointment made under the provisions of § 772.102 of this chapter.
(iii) Retirement deductions are withheld, or a deposit is paid, for the entire period of continuous reemployment service immediately preceding the most recent separation from reemployment service; and
(iv) The reemployed annuitant elects the redetermined annuity in lieu of his or her prior annuity and the supplemental annuity that would be payable under § 837.503 of this subpart.
(2) An employee whose annuity was terminated under the provisions of § 837.202(b)(1)(iii) of this part, and who has not elected FERS coverage, is entitled to a redetermined annuity on separation.
(b) Computation.(1) A redetermined annuity is computed using all the reemployed annuitant's creditable service, under the provisions of law in effect governing the payment of CSRS and/or FERS annuities, as may be applicable, at the time of separation from reemployment service, or conversion to intermittent status.
(2) The amount of the redetermined annuity of an individual whose previous annuity was terminated under the provisions of § 837.202(b)(1)(iii) of this part will at least equal the amount of the terminated annuity plus any increases under section 8340 of title 5, United States Code, occurring after the termination of the previous annuity and before the commencement of the redetermined annuity, adjusted by any annuity increase or reduction resulting from additional or different elections made by the reemployed annuitant.
(c) Commencing date. The commencing date of the redetermined annuity is the same as the law and/or regulations would provide in the case of a retiring employee.
Title 5 published on 2013-01-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.