§8464a — Title 5 Government Organization and Employees | U.S. Code

Summary

A person cannot get an annuity under subchapter II or V and workers’ compensation under subchapter I of chapter 81 for the same injury or disability, except payments under section 8107. The same rule blocks an annuity under subchapter IV and a subchapter I death benefit. Claimants receive whichever benefit is larger. If an annuity (II, IV, or V) is due but a lump sum under section 8135 was already paid for the same case, the portion that covers time after the annuity starts, as determined by the Department of Labor, must be returned to the Department for credit to the Employees’ Compensation Fund, or repaid by having it deducted from the annuity before the annuity begins.

Title 5, §8464a

Government Organization and Employees — Source: USLM XML via OLRC

(a)(1)An individual is not entitled to receive—

(A)an annuity under subchapter II or V, and

(B)compensation for injury to, or disability of, such individual under subchapter I of chapter 81, other than compensation payable under section 8107,

(2)An individual is not entitled to receive an annuity under subchapter IV and a concurrent benefit under subchapter I of chapter 81 on account of the death of the same person.

(3)Paragraphs (1) and (2) do not bar the right of a claimant to the greater benefit conferred by either this chapter or subchapter I of chapter 81.

(b)If an individual is entitled to an annuity under subchapter II, IV, or V, and the individual receives a lump-sum payment for compensation under section 8135 based on the disability or death of the same person, so much of the compensation as has been paid for a period extended beyond the date payment of the annuity commences, as determined by the Department of Labor, shall be refunded to that Department for credit to the Employees’ Compensation Fund. Before the individual may receive the annuity, the individual shall—

(1)refund to the Department of Labor the amount representing the commuted compensation payments for the extended period; or

(2)authorize the deduction of the amount from the annuity.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to this section were contained in section 8456 of this title prior to repeal by Pub. L. 100–238.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1987, and applicable with respect to benefits payable based on a death or disability occurring on or after that date, see section 124(c) of Pub. L. 100–238 set out as an

Effective Date

of 1988 Amendment note under section 8337 of this title.

§8464a Relationship between annuity and workers’ compensation

Summary

Title 5, §8464a

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata