Page:United States Statutes at Large Volume 100 Part 1.djvu/601

 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 565

case of a former spouse, to the extent that it is inconsistent with any joint waiver previously executed with respect to such former spouse under section 8416(a). "(fKD Any amount under section 8442(b)(l)(A) which would otherwise be payable to a widow or widower based on the service of another individual shall be paid (in whole or in part) by the Office to a former spouse of such individual if and to the extent expressly provided for in the terms of a court decree of divorce, annulment, or legal separation, or the terms of a court order or court-approved property settlement incident to any decree of divorce, annulment, or legal separation. "(2) Paragraph (1) shall apply only to payments made by the Office after the date of receipt in the Office of written notice of such decree, order, or agreement, and such additional information and documentation as the Office may prescribe. "(g) Any payment under this section to a person bars recovery by any other person. "SUBCHAPTER V—DISABILITY BENEFITS "§ 8451. Disability retirement 5 USC 8451. "(a)(l)(A) An employee who completes at least 18 months of civilian service creditable under section 8411 and has become disabled shall be retired on the employee's own application or on application by the employee's agency. "(B) For purposes of this subsection, an employee shall be considered disabled only if the employee is found by the Office to be unable, because of disease or injury, to render useful and efficient service in the employee's position. "(2)(A) Notwithstanding paragraph (1), an employee shall not be eligible for disability retirement under this section if the employee has declined a reasonable offer of reassignment to a vacant position in the employee's agency for which the employee is qualified if the position— "(i) is at the same grade (or pay level) as the employee's most recent grade (or pay level) or higher; "(ii) is within the employee's commuting area; and "(iii) is one in which the employee would be able to render useful and efficient service. "(B) An employee who is applying for disability retirement under Regulations. « this subchapter shall be considered for reassignment by the employee's agency to a vacant position described in subparagraph (A) in accordance with such procedures as the Office shall by regulation prescribe. "(C) An employee is entitled to appeal to the Merit Systems Protection Board under section 7701 any determination that the employee is not unable, because of disease or injury, to render useful and efficient service in a position to which the employee has declined reassignment under this section. "(D) For purposes of subparagraph (A), an employee of the United States Postal Service shall not be considered qualified for a position if such position is in a different craft or if reassignment to such position would be inconsistent with the terms of a collectivebargaining agreement covering the employee. "(b) A Member who completes at least 18 months of service as a Member and is found by the Office to be disabled for useful and

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