5 C.F.R. Subpart A—General Provisions
Title 5 - Administrative Personnel
(a) This part prescribes rules governing— (1) Reemployment of an annuitant by the Federal Government; (2) Reemployment of an annuitant by the government of the District of Columbia when the annuitant— (i) Had been employed subject to CSRS by the District of Columbia prior to October 1, 1987; (ii) Is an employee of the government of the District of Columbia not excluded from CSRS under §831.201(g) or §831.201(i); or (iii) Is an employee of the District of Columbia who is deemed to be a Federal employee for FERS purposes under §842.107 or §842.108 of this chapter; and (3) The payment of retirement and death benefits based on reemployment covered by this part. (b) This part is not applicable to reemployment, in the Executive Branch, under 5 U.S.C. 8344(i) or 8468(f) (see part 553 of this chapter), relating to reemployment of retirees to meet exceptional employment needs, or to employment under 5 U.S.C. 8344 (j) or (k) or 5 U.S.C. 8468 (g) or (h) in the Judicial or Legislative Branches. [58 FR 48266, Sept. 15, 1993, as amended at 62 FR 50996, Sept. 30, 1997; 64 FR 15288, Mar. 31, 1999] Actual service means the period of time during which an annuitant is reemployed, excluding periods of separation and non-pay status. Annuitant means a former employee or Member who is receiving, or meets the legal requirements and has filed claim for, annuity under either CSRS or FERS based on his or her service. Another retirement system or “other retirement system” means a program created by Federal or District of Columbia statute or regulation and administered by an agency of the Federal Government or District of Columbia that provides retirement and/or death benefits to Federal or District of Columbia employees whose employment would otherwise be subject to the provisions of CSRS or FERS, or that credits service in the computation of benefits that would otherwise be credited in the computation of a CSRS or FERS benefit, or that provides a death benefit when a death benefit is payable from CSRS or FERS. CSRS means the Civil Service Retirement System, as described in subchapter III of chapter 83 of title 5, United States Code. CSRS annuitant means an annuitant retired under CSRS. CSRS-Offset service means service by a reemployed CSRS annuitant that is subject to the OASDI tax by operation of section 101 of Public Law 98–21. It does not include any service performed before January 1, 1984. CSRS-Offset wages means basic pay, as defined under 5 U.S.C. 8331(3), of an employee or Member performing CSRS-Offset service, but not to exceed the contribution and benefit base for the calendar year involved. Continuous service means reemployment without a period of separation from service, or conversion to intermittent status, of more than 3 days. Contribution and benefit base means the contribution and benefit base in effect with respect to the period involved, as determined under section 230 of the Social Security Act. FEC means Federal Employees Compensation, that is, benefits paid on the basis of a work-related disease or injury under the provisions of chapter 81 of title 5, United States Code, but does not include a scheduled award under the provisions of 5 U.S.C. 8107, or medical services under 5 U.S.C. 8103. FERS means the Federal Employees Retirement System, as described in chapter 84 of title 5, United States Code. FERS annuitant means an annuitant who retired under FERS, or a reemployed CSRS annuitant whose election of FERS coverage under part 846 of this chapter is effective on or after January 8, 1988. Full-time equivalent to part-time service means the amount of actual service that would result if the total hours worked on a part-time basis had been performed on a full-time basis, and the remaining portion of the period of reemployment was in a non-pay status. Full-time service means actual service in which the reemployed annuitant is scheduled to work the number of hours and days required by the administrative workweek for his or her grade or class (normally 40 hours). Fund means the Civil Service Retirement and Disability Fund as described at 5 U.S.C. 8348. Intermittent service means any actual service performed on a less than full-time basis with no prescheduled regular tour of duty. Lump-sum credit has the same meaning as the term is defined at section 8401(19) or section 8331(8) of title 5, United States Code, as may be applicable under the circumstances. OASDI tax means, with respect to Federal wages, the Old Age, Survivors, and Disability Insurance tax imposed under section 3101(a) of the Internal Revenue Code of 1986. Part-time service means actual service performed on a less than full-time basis under a pre-scheduled regular tour of duty. Pay means the basic pay of the position to which the reemployed annuitant is appointed, prior to reduction for retirement contributions and annuity offset, and excludes any other benefits or compensation the reemployed annuitant receives, such as benefits authorized under the provisions of chapter 81 of title 5, United States Code. Reemployed means reemployed in an appointive or elective position with the Federal Government, or reemployed in an appointive or elective position with the District of Columbia (when the annuitant was first employed subject to CSRS by the District of Columbia before October 1, 1987, or is an employee of the government of the District of Columbia not excluded from CSRS under §831.201(g) or §831.201(i) of this chapter, or is an employee of the government of the District of Columbia who is deemed to be a Federal employee for FERS purposes under §842.107 or §842.108 of this chapter), whether the position is subject to CSRS, FERS, or another retirement system, but does not include appointment as a Governor of the Board of Governors of the United States Postal Service, or reemployment under the provisions of law that exclude offset of pay by annuity, that is, sections 8344(i), (j), or (k), or 8468(f), (g), or (h) of title 5, United States Code. Retired Member means a former Member of Congress, as defined by 5 U.S.C. 2106, who has met the requirements for Member retirement as specified at sections 8336(g), 8337(a), 8338(b), 8412, 8413, and 8451(b) of title 5, United States Code, and who has filed claim therefor. Suspension, in regard to payment of annuity, means that payment of annuity stops but annuitant status continues. Termination in regard to payment of annuity, means that both payment of annuity and annuitant status cease. [58 FR 48266, Sept. 15, 1993, as amended at 62 FR 50996, Sept. 30, 1997; 64 FR 15288, Mar. 31, 1999] (a) To OPM. On or before the date a reemployed annuitant is appointed, the appointing agency must notify OPM in writing of the appointment, and provide OPM with the following information— (1) The annuitant's name, date of birth, social security number (if applicable), and retirement claim number; (2) A description of the kind of appointment; (3) Whether the amount of annuity allocable to the period of reemployment is, or will be, withheld from the reemployed annuitant's pay, in accordance with §837.303 of this part; and (4) When the appointment is an interim appointment under §772.102 of this chapter, an explicit statement that the appointment is required by the Whistleblower Protection Act of 1989. (b) To annuitant. The agency should advise the annuitant in writing, generally, of the effect reemployment has on annuitant status and/or the continued receipt of annuity, the possible, future retirement benefits that may be payable to an annuitant on the basis of reemployment, and, for CSRS annuitants, whether the annuitant may elect to have retirement deductions withheld from his or her basic pay. (c) Obligation of annuitant to provide information. Before appointment, and as a condition of reemployment, the annuitant must provide the employing agency with the following information— (1) Whether the annuitant is then in receipt of annuity; (2) The gross monthly amount of annuity the annuitant is then receiving; (3) Whether the annuitant is a disability annuitant, and if so, whether OPM has found the annuitant recovered from his or her disability, or restored to earning capacity; and. (4) If the annuitant is a CSRS annuitant, whether the annuitant's retirement was based on an involuntary separation, not for charges of misconduct or delinquency. A former employee of a nonappropriated fund instrumentality who has made an election of retirement coverage under part 847 of this chapter will continue to be covered under the elected retirement system for all periods of service as a reemployed annuitant. [61 FR 41720, Aug. 9, 1996]
Title 5: Administrative Personnel
PART 837—REEMPLOYMENT OF ANNUITANTS
Subpart A—General Provisions
§ 837.101 Applicability.
§ 837.102 Definitions.
§ 837.103 Notice.
§ 837.104 Reemployment of former employees of nonappropriated fund instrumentalities.
