---
kind: "section"
citation: "5 C.F.R. § 844.105"
title: "5"
number: "844.105"
heading: "Relationship to workers' compensation."
url: "https://uscodex.org/cfr/5/844.105"
---

# §844.105. Relationship to workers' compensation.

- (a) Except as provided in [paragraph (b)](#b) of this section, an individual who is eligible for both an annuity under part [842](/cfr/5/part842.md) or [844](/cfr/5/part844.md) of this chapter and compensation for injury or disability under subchapter I of chapter 81 of title 5, United States Code (other than a scheduled award under [5 U.S.C. 8107(c)](/usc/5/8107.md?p=c)), covering the same period of time must elect to receive either the annuity or compensation.
- (b) Notwithstanding the provisions of [paragraph (a)](#a) of this section, an individual may concurrently receive an annuity based on the individual's service under part [842](/cfr/5/part842.md) or [844](/cfr/5/part844.md) of this chapter and a benefit under subchapter I of chapter 81 of title 5, United States Code, on account of the death of another individual. An individual may also receive an annuity under [part 843](/cfr/5/part843.md) of this chapter and compensation for injury or disability to himself or herself under such subchapter I covering the same period of time.
- (c) An individual who elects to receive compensation payments under [paragraph (a)](#a) of this section and who has not received a refund of contributions under [§ 843.202](/cfr/5/843.202.md) retains the right to elect to receive an annuity under part [842](/cfr/5/part842.md) or [844](/cfr/5/part844.md), as the case may be, in the event that the individual's compensation payments cease or are reduced.

## Notes

### Authority

Authority: 5 U.S.C. 8461. Section 844.201 also issued under 5 U.S.C. 1104.

### Source

Source: 55 FR 6598, Feb. 26, 1990, unless otherwise noted.