§8456 — Title 5 Government Organization and Employees | U.S. Code

Summary

Retires military reserve technicians who are separated from their job because a disability keeps them from being a member of the reserve force or from holding the military rank needed for the job, as long as they are not counted as disabled under 8451(a)(1)(B), have not been appointed to a federal job, and have not turned down an offered federal appointment under the rules. Retirement pay stops if the person is later appointed to a federal job, if they decline an offered appointment under those rules, or as section 8455(a) says. People who can retire under 8414(c) cannot use this rule. People applying for or getting the retirement pay must, under rules made by the Office, be considered by any agency before it fills a vacant job in the person’s commuting area, if the agency head finds them qualified and the job is the same grade or an equivalent level as the job they left.

Title 5, §8456

Government Organization and Employees — Source: USLM XML via OLRC

(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 10101 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 (b) or otherwise); and

(D)has not declined an offer of an appointment to a position in the Government under subsection (b).

(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

(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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

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.

Amendments

1994—Subsec. (a)(1)(A). Pub. L. 103–337 substituted “section 10101” for “section 261(a)”. 1988—Pub. L. 100–238 renumbered section 8457 of this title as this section. 1986—Subsec. (a)(1)(C), (D), (2)(A), (B). Pub. L. 99–556 substituted “subsection (b)” for “subsection (c)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an

Effective Date

note under section 10001 of Title 10, Armed Forces.

§8456 Military reserve technicians

Summary

Title 5, §8456

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata