---
kind: "section"
citation: "5 C.F.R. § 837.202"
title: "5"
number: "837.202"
heading: "Annuities that terminate on reemployment."
url: "https://uscodex.org/cfr/5/837.202"
---

# §837.202. Annuities that terminate on reemployment.

- (a) **FERS annuitants.**
  - (1) The annuity of a FERS annuitant who is a disability annuitant whom OPM has found recovered or restored to earning capacity prior to reemployment terminates on reemployment.
  - (2) The annuity of a FERS annuitant who is a former military reserve technician awarded a disability retirement annuity under [5 U.S.C. 8456](/usc/5/8456.md), in addition to being subject to [paragraph (a)(1)](#a-1) of this section, shall terminate on the date the annuitant declines an offer of employment with a department or agency, where the employment is in the same commuting area and of the same grade as, or a level equivalent to, the position from which the annuitant retired.
- (b) **CSRS annuitants.**
  - (1) **The annuity of a CSRS annuitant terminates on reemployment if—**
    - (i) The annuitant is a disability annuitant whom OPM has found recovered or restored to earning capacity prior to reemployment, or whose disability annuity was awarded under the provisions of [5 U.S.C. 8337(h)](/usc/5/8337.md?p=h) because the annuitant was a National Guard Technician who was medically disqualified for continued membership in the National Guard;
    - (ii) The annuitant is not a retired Member and the annuity is based on an involuntary separation (other than a separation that was mandated by statute based on the annuitant's age and length of service, or a separation for cause on charges of misconduct or delinquency) where the reemployment would, if the individual were not an annuitant, be covered by CSRS;
    - (iii) The annuitant is not a retired Member and is appointed by the President to a position that would, if the individual were not an annuitant, be covered by CSRS; or
    - (iv) **The annuitant is not a retired Member and is elected as a Member.**
  - (2) A disability annuity awarded a former National Guard Technician under the provisions of [5 U.S.C. 8337(h)](/usc/5/8337.md?p=h) shall terminate on the date the annuitant declines an offer of employment with a department or agency, where the employment is in the same commuting area and of the same grade as, or a level equivalent to, the position from which the annuitant retired.

## Notes

### Authority

Authority: 5 U.S.C. 8337, 8344, 8347, 8455, 8456, 8461, and 8468; and section 302 of Pub. L. 99-335, June 6, 1986, as amended.

### Source

Source: 58 FR 48266, Sept. 15, 1993, unless otherwise noted.