5 U.S. Code § 8456 - Military reserve technicians
(1) Except as provided in paragraph (2) or (3), an individual shall be retired under this subchapter if the individual—
(A) is separated from employment as a military reserve technician by reason of a disability that disqualifies the individual from membership in a reserve component of the Armed Forces specified in section 10101 of title 10 or from holding the military grade required for such employment;
(C) is not appointed to a position in the Government (whether under subsection (b) or otherwise); and
(2) Payment of any annuity for an individual pursuant to this section terminates—
(A) on the date the individual is appointed to a position in the Government (whether pursuant to subsection (b) or otherwise);
(B) on the date the individual declines an offer of appointment to a position in the Government under subsection (b); or
(b) Any individual applying for or receiving any annuity pursuant to this section shall, in accordance with regulations prescribed by the Office, be considered by any agency of the Government before any vacant position in the agency is filled if—
(2) the individual is qualified to serve in such position, as determined by the head of the agency; and
Source(Added Pub. L. 99–335, title I, § 101(a),June 6, 1986, 100 Stat. 570, § 8457; amended Pub. L. 99–556, title I, § 118,Oct. 27, 1986, 100 Stat. 3134; renumbered § 8456,Pub. L. 100–238, title I, § 124(b)(1)(B),Jan. 8, 1988, 101 Stat. 1756; Pub. L. 103–337, div. A, title XVI, § 1677(a)(4),Oct. 5, 1994, 108 Stat. 3019.)
A prior section 8456, added Pub. L. 99–355, title I, § 101(a),June 6, 1986, 100 Stat. 569, related to relationship between annuity and workers’ compensation, prior to repeal by Pub. L. 100–238, title I, § 124(b)(1)(A),Jan. 8, 1988, 101 Stat. 1756. See section 8464a of this title.
1986—Subsec. (a)(1)(C), (D), (2)(A), (B). Pub. L. 99–556substituted “subsection (b)” for “subsection (c)”.
Effective Date of 1994 Amendment
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