§ 844.403 - Annuity rights after a disability annuity terminates.

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When a disability annuity is terminated because of recovery or restoration of earning capacity and the individual is not employed in the Government, the individual is entitled to an annuity:

Under 5 U.S.C. 8414(b) if the individual:

Is at least age 50 when the disability annuity ceases and had 20 or more years of service at the time of retiring for disability; or

Has 25 or more years of service at the time of retiring for disability, regardless of age; or

Under 5 U.S.C. 8412(g) if the individual is at least the minimum retirement age applicable under 5 U.S.C. 8412(h) when the disability annuity ceases and had 10 or more years of service at the time of retiring for disability.

When a disability annuitant whose annuity was terminated because of Federal reemployment is separated and meets the age and service requirements for immediate retirement under 5 U.S.C. 8412 or 8414, the individual is entitled to an annuity computed under 5 U.S.C. 8415.