Page:United States Statutes at Large Volume 100 Part 1.djvu/602

 100 STAT. 566

PUBLIC LAW 99-335—JUNE 6, 1986

efficient service as a Member because of disease or injury shall be retired on the Member's own application. "(c) An employee or Member retiring under this section is entitled to an annuity computed under section 8452. 5 USC 8452.

42 USC 423.

42 USC 416.

42 USC 424a.

"§ 8452. Computation of disability annuity "(a)(l)(A) Except as provided in paragraph (2), or subsection (b), (c), or (d), the annuity of an annuitant under this subchapter— "(i) for the period beginning on the date on which such annuity commences, or is restored (as described in section 8455(b)(2) or (3)), and ending at the end of the twelfth month beginning on or after such date, shall be equal to 60 percent of the annuitant's average pay; and "(ii) after the end of the period referred to in clause (i), shall be equal to 40 percent of the annuitant's average pay. "(B) An annuity computed under this paragraph shall not, for purposes of any adjustment under section 8462 (including any adjustment under subsection (c)(1) of such section), be considered to have commenced until after such annuity ceases to be determined under subparagraph (A)(i). "(2)(A) For any month in which an annuitant is entitled both to an annuity under this subchapter as computed under paragraph (1) and to a disability insurance benefit under section 223 of the Social Security Act, the annuitant's annuity for such month (as so computed) shall— "(i) if such month occurs during a period referred to in paragraph (IXAXi), be reduced by 100 percent of the annuitant's assumed disability insurance benefit for such month; or "(ii) if such month occurs other than during a period referred to in paragraph (IXAXi), be reduced by 60 percent of the annuitant's assumed disability insurance benefit for such month; except that an annuity may not be reduced below zero by reason of this paragraph, "(B)(i) For purposes of this paragraph, the assumed disability insurance benefit of an annuitant for any month shall be equal to— "(I) the amount of the disability insurance benefit to which the annuitant would have been entitled under section 223 of the Social Security Act for the month in which the annuity under this subchapter commenced, or was restored, determined as if such annuitant had then satisfied all requirements for entitlement to a benefit under such section, adjusted by "(II) all adjustments made under section 8462(b) between the date on which the annuity commenced, or was restored, and the start of the month involved (without regard to whether the annuitant's annuity was affected by any of those ac^ustments). For purposes of computing the assumed disability insurance benefit, the month in which the annuitant's disability began (as determined under section 216(i)(2)(C) of the Social Security Act) shall be the month in which the annuity commenced or, if earlier (and if a determination was actually made) the month determined under such section. "(ii) For purposes of applying section 224 of the Social Security Act to the assumed disability insurance benefit used to compute the reduction under this paragraph, the amount of the annuity under this subchapter which is considered shall be the amount of the annuity as determined before the application of this paragraph.

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