---
kind: "section"
citation: "5 C.F.R. § 837.404"
title: "5"
number: "837.404"
heading: "Reinstatement of annuity during a period of employment not subject to CSRS or FERS."
url: "https://uscodex.org/cfr/5/837.404"
---

# §837.404. Reinstatement of annuity during a period of employment not subject to CSRS or FERS.


When OPM reinstates the disability annuity of an individual employed in a position not subject to CSRS or FERS, the employing agency shall withhold retirement deductions and offset pay subject to the provisions of subpart C of this part, as of the date of OPM's administrative determination of reinstatement. OPM shall offset from any retroactive payment of annuity for a period that is also a period of employment an amount equal to the amount of annuity, or the pay for the period of employment, whichever is the lesser.


## 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.