5 U.S.C. § 8456 — Military reserve technicians
submitted 40 years ago by Pub. L. 99-335 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 284 words · no verdicts yet
A military reserve technician who is disabled from reserve duty, but not disabled enough for a regular disability annuity, can retire under this special rule. That annuity stops once they take a new federal job or turn down one they're offered. Agencies must consider these retirees for open jobs that match their old position, location, and grade.
(a) A military reserve technician must retire under this subchapter if all of these are true: they were separated from their technician job because a disability disqualifies them from reserve membership or from holding the required military grade; they don't qualify as disabled under the regular rule in section 8451(a)(1)(B); they have not been appointed to another government* job (whether under (b) or otherwise); and they have not turned down an offer of a government job under (b). This annuity stops on whichever happens: the person is appointed to a government job; the person turns down a government job offered under (b); or the ending event described in section 8455(a) occurs. Someone who could retire under section 8414(c) instead cannot use this section.
(b) Under Office* regulations, any agency filling an open position must consider a person applying for or receiving this annuity, if: the job is within commuting distance of the person's old job; the head of the agency decides the person is qualified for it; and the job is at the same grade or an equivalent level as the job the person was separated from.
Except as provided in paragraph (2) or (3), an individual shall be retired under this subchapter if the individual—
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;
is not considered to be disabled under section 8451(a)(1)(B);
is not appointed to a position in the Government* (whether under subsection (b) or otherwise); and
has not declined an offer of an appointment to a position in the Government under subsection (b).
Payment of any annuity for an individual pursuant to this section terminates—
on the date the individual is appointed to a position in the Government (whether pursuant to subsection (b) or otherwise);
on the date the individual declines an offer of appointment to a position in the Government under subsection (b); or
as provided under section 8455(a).
An individual eligible to retire under section 8414(c) shall not be eligible to retire under this section.
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—
the position is located within the commuting area of the individual’s former position;
the individual is qualified to serve in such position, as determined by the head of the agency; and
the position is at the same grade or equivalent level as the position from which the individual was separated.
Source credit: (Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 570, § 8457; amended Pub. L. 99–556, title I, § 118, Oct. 27, 1986, 100 Stat. 3134; renumbered § 8456, Pub. L. 100–238, title I, § 124(b)(1)(B), Jan. 8, 1988, 101 Stat. 1756; Pub. L. 103–337, div. A, title XVI, § 1677(a)(4), Oct. 5, 1994, 108 Stat. 3019.)
- 1986Enacted · Pub. L. 99-335 · 100 Stat. 570
- 1986Amended · Pub. L. 99-556 · 100 Stat. 3134
- 1988Amended · Pub. L. 100-238 · 101 Stat. 1756
- 1994Amended · Pub. L. 103-337 · 108 Stat. 3019
A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-335 on 1986-06-06.
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