---
kind: "section"
citation: "5 U.S.C. § 8456"
title: "5"
title_heading: "Government Organization and Employees"
number: "8456"
heading: "Military reserve technicians"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8456"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 84 — Federal Employees’ Retirement System"
  - "Subchapter V — Disability Benefits"
---

# §8456. Military reserve technicians

- (a)
  - (1) Except as provided in paragraph [(2)](#a-2) or [(3)](#a-3), an individual shall be retired under this subchapter if the individual—
    - (A) is separated from employment as a military reserve technician by reason of a disability that disqualifies the individual from membership in a reserve component of the Armed Forces specified in [section 10101 of title 10](/usc/10/10101.md) or from holding the military [grade](/usc/5/5102.md?p=a-5) required for such employment;
    - (B) is not considered to be disabled under [section 8451(a)(1)(B)](/usc/5/8451.md?p=a-1-B);
    - (C) is not appointed to a [position](/usc/5/5102.md?p=a-3) in the [Government](/usc/5/4101.md?p=3) (whether under [subsection (b)](#b) or otherwise); and
    - (D) has not declined an offer of an appointment to a [position](/usc/5/5102.md?p=a-3) in the [Government](/usc/5/4101.md?p=3) under [subsection (b)](#b).
  - (2) Payment of any annuity for an individual pursuant to this section terminates—
    - (A) on the date the individual is appointed to a [position](/usc/5/5102.md?p=a-3) in the [Government](/usc/5/4101.md?p=3) (whether pursuant to [subsection (b)](#b) or otherwise);
    - (B) on the date the individual declines an offer of appointment to a [position](/usc/5/5102.md?p=a-3) in the [Government](/usc/5/4101.md?p=3) under [subsection (b)](#b); or
    - (C) as provided under [section 8455(a)](/usc/5/8455.md?p=a).
  - (3) An individual [eligible](/usc/5/4701.md?p=a-3) to retire under [section 8414(c)](/usc/5/8414.md?p=c) shall not be [eligible](/usc/5/4701.md?p=a-3) to retire under this section.
- (b) Any individual applying for or receiving any annuity pursuant to this section shall, in accordance with regulations prescribed by the [Office](/usc/5/5402.md?p=3), be considered by any [agency](/usc/5/3132.md?p=a-1) of the [Government](/usc/5/4101.md?p=3) before any vacant [position](/usc/5/5102.md?p=a-3) in the [agency](/usc/5/3132.md?p=a-1) is filled if—
  - (1) the [position](/usc/5/5102.md?p=a-3) is located within the commuting area of the individual’s former [position](/usc/5/5102.md?p=a-3);
  - (2) the individual is qualified to serve in such [position](/usc/5/5102.md?p=a-3), as determined by the head of the [agency](/usc/5/3132.md?p=a-1); and
  - (3) the [position](/usc/5/5102.md?p=a-3) is at the same [grade](/usc/5/5102.md?p=a-5) or equivalent level as the [position](/usc/5/5102.md?p=a-3) from which the individual was separated.

## Source credit

(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 570, § 8457; amended Pub. L. 99–556, title I, § 118, Oct. 27, 1986, 100 Stat. 3134; renumbered § 8456, Pub. L. 100–238, title I, § 124(b)(1)(B), Jan. 8, 1988, 101 Stat. 1756; Pub. L. 103–337, div. A, title XVI, § 1677(a)(4), Oct. 5, 1994, 108 Stat. 3019.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 8456, added Pub. L. 99–355, title I, § 101(a), June 6, 1986, 100 Stat. 569, related to relationship between annuity and workers’ compensation, prior to repeal by Pub. L. 100–238, title I, § 124(b)(1)(A), Jan. 8, 1988, 101 Stat. 1756. See section 8464a of this title.

### Amendments

1994—Subsec. (a)(1)(A). Pub. L. 103–337 substituted “section 10101” for “section 261(a)”.

1988—Pub. L. 100–238 renumbered section 8457 of this title as this section.

1986—Subsec. (a)(1)(C), (D), (2)(A), (B). Pub. L. 99–556 substituted “subsection (b)” for “subsection (c)”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.