5 U.S.C. § 8464a — Relationship between annuity and workers’ compensation
submitted 38 years ago by Pub. L. 100-238 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 306 words · no verdicts yet
You generally cannot collect a federal disability or survivor annuity and workers' compensation for the same injury or death at the same time. You can pick whichever benefit pays more. If you already got a lump-sum workers' comp payment covering time after your annuity starts, you must refund or have deductions taken from your annuity to cover the overlap.
(a) An individual cannot receive both a disability annuity (under subchapter II or V) and workers' compensation for the same injury or disability covering the same period — except for compensation paid under section 8107. Similarly, someone cannot receive both a survivor* annuity (under subchapter IV) and a workers' compensation death benefit for the same death. Either way, the person can still choose whichever benefit — this chapter's or the workers' comp law's — pays more.
(b) If someone entitled to an annuity under subchapter II, IV, or V already received a lump-sum workers' compensation payment (under section 8135) for the same disability or death, and part of that lump sum covers a period after the annuity starts, the Department of Labor figures out how much that overlapping part is worth. Before getting the annuity, the person must either refund that amount to the Department of Labor, or agree to have it deducted from the annuity. Deductions can come from past-due or future annuity payments, and get sent to the Department of Labor to reimburse the Employees' Compensation Fund*. If the Department finds someone's financial situation calls for spreading out the refund, it can prorate the deductions across future annuity payments instead.
An individual is not entitled to receive—
an annuity under subchapter II or V, and
compensation for injury to, or disability of, such individual under subchapter I of chapter 81, other than compensation payable under section 8107,
covering the same period of time.
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.
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.
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—
refund to the Department of Labor the amount representing the commuted compensation payments for the extended period; or
authorize the deduction of the amount from the annuity.
Deductions from the annuity may be made from accrued or accruing payments. The amounts deducted and withheld from the annuity shall be transmitted to the Department of Labor for reimbursement to the Employees’ Compensation Fund. When the Department of Labor finds that the financial circumstances of an individual entitled to an annuity under subchapter II, IV, or V warrant deferred refunding, deductions from the annuity may be prorated against and paid from accruing payments in such manner as the Department determines appropriate.
Source credit: (Added Pub. L. 100–238, title I, § 124(a)(1)(B), Jan. 8, 1988, 101 Stat. 1755.)
- 1988Enacted · Pub. L. 100-238 · 101 Stat. 1755
A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-238 on 1988-01-08.
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