Page:United States Statutes at Large Volume 100 Part 1.djvu/606

 100 STAT. 570 5 USC 8457.

PUBLIC LAW 99-335—JUNE 6, 1986

"§ 8457. Military reserve technicians "(a)(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 261(a) of title 10 or from holding the military grade required for such employment; "(B) is not considered to be disabled under section 8451(a)(1)(B); "(C) is not appointed to a position in the Government (whether under subsection (c) or otherwise); and "(D) has not declined an offer of an appointment to a position in the Government under subsection (c). "(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 (c) or otherwise); "(B) on the date the individual declines an offer of appointment to a position in the Government under subsection (c); or "(C) as provided under section 8455(a). "(3) An individual eligible to retire under section 8414(c) shall not be eligible to retire under this section. "(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— "(1) the position is located within the commuting area of the individual's former position; "(2) the individual is qualified to serve in such position, as determined by the head of the agency; and "(3) the position is at the same grade or equivalent level as the position from which the individual was separated. "SUBCHAPTER VI—GENERAL AND ADMINISTRATIVE PROVISIONS

5 USC 8461.

"§ 8461. Authority of the Office of Personnel Management "(a) The Office shall pay all benefits that are payable under subchapter II, IV, V, or VI of this chapter from the Fund. "(b) The Office shall administer all provisions of this chapter not specifically required to be administered by the Board, the Executive Director, the Secretary of Labor, or any other officer or agency. "(c) The Office shall adjudicate all claims under the provisions of this chapter administered by the Office. "(d) The Office shall determine questions of disability and dependency arising under the provisions of this chapter administered by the Office. Except to the extent provided under subsection (e), the decisions of the Office concerning these matters are final and conclusive and are not subject to review. The Office may direct at any time such medical or other examinations as it considers necessary to determine the facts concerning disability or dependency of an individual receiving or applying for annuity under the provisions of this chapter administered by the Office. The Office may suspend or deny annuity for failure to submit to examination.

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