--- kind: "section" citation: "5 C.F.R. § 831.1005" title: "5" number: "831.1005" heading: "Offset from nondisability annuity." url: "https://uscodex.org/cfr/5/831.1005" --- # §831.1005. Offset from nondisability annuity. - (a) OPM will reduce the annuity of an individual who has performed Federal service, if the individual is entitled, or on proper application would be entitled, to old-age benefits under title II of the Social Security Act. - (b) The reduction required under [paragraph (a)](#a) of this section is effective on the 1st day of the month during which the employee— - (1) Is entitled to an annuity under CSRS; and - (2) Is entitled, or on proper application would be entitled, to old-age benefits under title II of the Social Security Act. - (c) Subject to paragraphs [(d)](#d) and [(e)](#e) of this section, the amount of the reduction required under [paragraph (a)](#a) of this section is the lesser of— - (1) **The difference between—** - (i) The Social Security old-age benefit for the month referred to in [paragraph (b)](#b) of this section; and - (ii) The old-age benefit that would be payable to the individual for the month referred to in [paragraph (b)](#b) of this section, excluding all wages from Federal service, and assuming the annuitant was fully insured (as defined by section 215(a) of the Social Security Act ([42 U.S.C. 414(a)](/usc/42/414.md?p=a)); or - (2) **The product of—** - (i) The old-age benefit to which the individual is entitled or would, on proper application, be entitled; and - (ii) **A fraction—** - (A) The numerator of which is the annuitant's total Federal service, rounded to the nearest whole number of years not exceeding 40 years; and - (B) **The denominator of which is 40.** - (d) Cost-of-living adjustments under [5 U.S.C. 8340](/usc/5/8340.md) occurring after the effective date of the reduction required under [paragraph (a)](#a) of this section will be based on only the annuity remaining after reduction under this subpart. - (e) The amounts for paragraphs [(c)(1)(i)](#c-1-i), [(c)(1)(ii)](#c-1-ii), and [(c)(2)(i)](#c-2-i) of this section are computed without regard to [subsections (b) through (l)](/cfr/5/203.md?p=b..l) of section 203 of the Social Security Act ([42 U.S.C. 403](/usc/42/403.md)) (relating to reductions in Social Security benefits), and without applying the provisions of the second sentence of [section 215(a)(7)(B)(i)](/cfr/5/215.md?p=a-7-B-i) or section 214(d)(5)(ii) of the Social Security Act (42 U.S.C. [415(a)(7)(B)(i)](/usc/42/415.md?p=a-7-B-i) or [415(d)(5)(ii)](/usc/42/415.md?p=d-5-ii) (relating to part of the computation of the Social Security windfall elimination provisions). - (f) OPM will accept the determination of the Social Security Administration, submitted in a form prescribed by OPM, concerning entitlement to Social Security benefits and the date thereof. ## Notes ### Source Source: 57 FR 38743, Aug. 27, 1992, unless otherwise noted. ### Authority Authority: 5 U.S.C. 8347; Sec. 831.102 also issued under 5 U.S.C. 8334; Sec. 831.106 also issued under 5 U.S.C. 552a; Sec. 831.108 also issued under 5 U.S.C. 8336(d)(2); Sec. 831.114 also issued under 5 U.S.C. 8336(d)(2) and Sec. 1313(b)(5) of Pub. L. 107-296, 116 Stat. 2135; Sec. 831.201(b)(1) also issued under 5 U.S.C. 8347(g); Sec. 831.201(b)(6) also issued under 5 U.S.C. 7701(b)(2); Sec. 831.201(g) also issued under Secs. 11202(f), 11232(e), and 11246(b) of Pub. L. 105-33, 111 Stat. 251; Sec. 831.201(g) also issued under Secs. 7(b) and (e) of Pub. L. 105-274, 112 Stat. 2419; Sec. 831.201(i) also issued under Secs. 3 and 7(c) of Pub. L. 105-274, 112 Stat. 2419; Sec. 831.202 also issued under Sec. 111 of Pub. L. 99-500, 100 Stat. 1783, and Sec. 111 of Pub. L. 99-591, 100 Stat. 3341-348, and also Sec. 1 of Pub. L. 110-279, 122 Stat. 2602, as amended by Sec. 1(a) of Pub. L. 116-21, 133 Stat. 903; Sec. 831.204 also issued under Sec. 102(e) of Pub. L. 104-8, 109 Stat. 102, as amended by Sec. 153 of Pub. L. 104-134, 110 Stat. 1321; Sec. 831.205 also issued under Sec. 2207 of Pub. L. 106-265, 114 Stat. 784; Sec. 831.206 also issued under Sec. 1622(b) of Pub. L. 104-106, 110 Stat. 515; Sec. 831.301 also issued under Sec. 2203 of Pub. L. 106-265, 114 Stat. 780; Sec. 831.303 also issued under 5 U.S.C. 8334(d)(2) and Sec. 2203 of Pub. L. 106-235, 114 Stat. 780; Sec. 831.502 also issued under 5 U.S.C. 8337, and under Sec. 1(3), E.O. 11228, 3 CFR 1965-1965 Comp. p. 317; Sec. 831.663 also issued under 5 U.S.C. 8339(j) and (k)(2); Secs. 831.663 and 831.664 also issued under Sec. 11004(c)(2) of Pub. L. 103-66, 107 Stat. 412; Sec. 831.682 also issued under Sec. 201(d) of Pub. L. 99-251, 100 Stat. 23; Sec. 831.912 also issued under Sec. 636 of Appendix C to Pub. L. 106-554, 114 Stat. 2763A-164; Subpart P also issued under Sec. 535(d) of Title V of Division E of Pub. L. 110-161, 121 Stat. 2042; Subpart Q also issued under 5 U.S.C. 8336a; Subpart V also issued under 5 U.S.C. 8343a and Sec. 6001 of Pub. L. 100-203, 101 Stat. 1330-275; Sec. 831.2203 also issued under Sec. 7001(a)(4) of Pub. L. 101-508, 104 Stat. 1388-328; Pub. L. 115-352, 132 Stat. 5067 (5 U.S.C. 101). ### Source Source: 33 FR 12498, Sept. 4, 1968, unless otherwise noted.