---
kind: "section"
citation: "5 C.F.R. § 844.403"
title: "5"
number: "844.403"
heading: "Annuity rights after a disability annuity terminates."
url: "https://uscodex.org/cfr/5/844.403"
---

# §844.403. Annuity rights after a disability annuity terminates.

- (a) When a disability annuity is terminated because of recovery or restoration of earning capacity and the individual is not employed in the Government, the individual is entitled to an annuity:
  - (1) Under [5 U.S.C. 8414(b)](/usc/5/8414.md?p=b) if the individual:
    - (i) Is at least age 50 when the disability annuity ceases and had 20 or more years of service at the time of retiring for disability; or
    - (ii) Has 25 or more years of service at the time of retiring for disability, regardless of age; or
  - (2) Under [5 U.S.C. 8412(g)](/usc/5/8412.md?p=g) if the individual is at least the minimum retirement age applicable under [5 U.S.C. 8412(h)](/usc/5/8412.md?p=h) when the disability annuity ceases and had 10 or more years of service at the time of retiring for disability.
- (b) When a disability annuitant whose annuity was terminated because of Federal reemployment is separated and meets the age and service requirements for immediate retirement under 5 U.S.C. [8412](/usc/5/8412.md) or [8414](/usc/5/8414.md), the individual is entitled to an annuity computed under [5 U.S.C. 8415](/usc/5/8415.md).

## Notes

### Amendments

[55 FR 6598, Feb. 26, 1990. Redesignated at 58 FR 48273, Sept. 15, 1993]

### 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.

### Amendments

[55 FR 6598, Feb. 26, 1990. Redesignated at 58 FR 48273, Sept. 15, 1993]