--- kind: "section" citation: "5 C.F.R. § 831.1006" title: "5" number: "831.1006" heading: "Offset from disability or survivor annuity." url: "https://uscodex.org/cfr/5/831.1006" --- # §831.1006. Offset from disability or survivor annuity. - (a) OPM will reduce the disability annuity (an annuity under [5 U.S.C. 8337](/usc/5/8337.md)) of an individual who performed Federal service, if the individual is (or would on proper application be) entitled to disability payments under section 223 of the Social Security Act ([42 U.S.C. 423](/usc/42/423.md)). - (b) - (1) Before an application for disability retirement under [5 U.S.C. 8337](/usc/5/8337.md) can be finally approved in the case of an employee who has Federal service, the applicant must provide OPM with— - (i) Satisfactory evidence that the applicant has filed an application for disability insurance benefits under section 223 of the Social Security Act; or - (ii) An official statement from the Social Security Administration that the individual is not insured for disability insurance benefits as defined in [section 223(c)(1)](/cfr/5/223.md?p=c-1) of the Social Security Act. - (2) A disability retirement application under [5 U.S.C. 8337](/usc/5/8337.md) will be dismissed when OPM is notified by the Social Security Administration that the application referred to in [paragraph (b)(1)(i)](#b-1-i) of this section has been withdrawn unless the evidence described in [paragraph (b)(1)(ii)](#b-1-ii) of this section has been provided. - (c) OPM will reduce a survivor annuity (an annuity under [5 U.S.C. 8341](/usc/5/8341.md)) based on the service of an individual who performed Federal service, if the survivor annuitant is entitled, or on proper application would be entitled, to survivor benefits under section [202 (d)](/cfr/5/202.md?p=d), [(e)](/cfr/5/202.md?p=e), or [(f)](/cfr/5/202.md?p=f) (relating to children's, widow's, and widowers' benefits, respectively) of the Social Security Act (42 U.S.C. [202 (d)](/usc/42/202.md?p=d), [(e)](/usc/42/202.md?p=e), or [(f)](/usc/42/202.md?p=f)). - (d) The reduction required under paragraphs [(a)](#a) and [(c)](#c) of this section begins (or is reinstated) on the 1st day of the month during which the disability or survivor annuitant— - (1) Is entitled to disability or survivor annuity under CSRS; and - (2) Is entitled, or on proper application would be entitled, to disability or survivor benefits under the Social Security Act provisions mentioned in paragraphs [(a)](#a) and [(c)](#c) of this section, respectively. - (e) The reduction under paragraphs [(a)](#a) and [(c)](#c) of this section will be computed and adjusted in a manner consistent with the provisions of [§ 831.1005(c) through (e)](/cfr/5/831.1005.md?p=c..e). - (f) A reduction under paragraph [(a)](#a) or [(c)](#c) of this section stops on the date entitlement to the disability or survivor benefits under title II of the Social Security Act terminates. In the case of a disability or survivor annuitant who has not made proper application for the Social Security benefit, the reduction under paragraph [(a)](#a) or [(c)](#c) of this section stops on the date entitlement to such disability or survivor benefits would otherwise terminate. If a Social Security benefit is reduced under any provision of the Social Security Act, even if reduced to zero, entitlement to that benefit is not considered to have terminated. - (g) OPM will accept the determination or certification of the Social Security Administration, submitted in a form prescribed by OPM, concerning entitlement to Social Security disability or survivor benefits and the beginning and ending dates thereof. - (h) If a disability annuitant who is not entitled to disability benefits under title II of the Social Security Act subsequently becomes entitled to old-age benefits under the Social Security Act, a reduction under [§ 831.1005](/cfr/5/831.1005.md) will begin on the 1st day of the month during which the annuitant becomes entitled, or on proper application would be entitled, to Social Security old-age insurance benefits. ## 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.