PRIA, Government Policy, Made Personal

Summary

Retire a military reserve technician who lost their job because a disability keeps them from staying in the reserve unit named in 10 U.S.C. 10101 or from holding the required military grade, as long as they are not treated as disabled under section 8451(a)(1)(B), have not been appointed to a government position, and have not turned down an offered appointment under subsection (b). Someone who can retire under section 8414(c) cannot use this retirement rule. Annuity payments stop if the person accepts a government job, refuses an offered appointment under subsection (b), or as section 8455(a) explains. Agencies must consider anyone applying for or getting this annuity for any vacancy in the agency if the job is in the person’s commuting area, the agency head finds them qualified, and the job is the same grade or an equivalent level to their old position.

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