---
kind: "section"
citation: "5 C.F.R. § 844.302"
title: "5"
number: "844.302"
heading: "Computation of disability annuity before age 62."
url: "https://uscodex.org/cfr/5/844.302"
---

# §844.302. Computation of disability annuity before age 62.

- (a) For the purposes of this subpart, the “adjusted social security disability benefit” is the benefit to which an annuitant is entitled under section 223 of the Social Security Act:
  - (1) For the month in which the annuity under this part commences, or is reinstated under [§ 844.405](/cfr/5/844.405.md), or, if later, the first month for which the annuitant is entitled to both an annuity under this part and a social security disability benefit;
  - (2) Including, where appropriate, a reduction under section 224 of the Social Security Act, based on the amount of the disability annuity under this subpart without regard to paragraphs [(b)(2)](#b-2) and [(c)(2)](#c-2) of this section; and
  - (3) Adjusted by each cost-of-living increase effective under [5 U.S.C. 8462(b)](/usc/5/8462.md?p=b) beginning with the later of the month after the 12-month period referred to in [paragraph (b)(1)](#b-1) of this section, or the first month for which the annuitant is entitled to both an annuity under this part and a social security disability benefit.
- (b)
  - (1) Except as otherwise provided in this part, the annuity payable under this subpart until the end of the 12th month beginning after the annuity commences (or is reinstated under [§ 844.405](/cfr/5/844.405.md)) is equal to 60 percent of the annuitant's average pay.
  - (2) For months for which the annuitant is also entitled to a social security disability benefit, the amount computed under [paragraph (b)(1)](#b-1) of this section is reduced by 100 percent of the annuitant's adjusted social security disability benefit.
- (c)
  - (1) Except as otherwise provided in this part, the annuity under this subpart after the period described in [paragraph (b)(1)](#b-1) of this section is equal to 40 percent of the annuitant's average pay.
  - (2) For months after the period described in [paragraph (b)(1)](#b-1) of this section for which the annuitant is also entitled to a social security disability benefit, the amount computed under [paragraph (c)(1)](#c-1) of this section is reduced by 60 percent of the annuitant's adjusted social security disability benefit.
- (d) For months in which an annuity is reduced under paragraph [(b)](#b) or [(c)](#c) of this section, any reduction for survivor benefits is made after the reduction for social security benefits.

## 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.