Military Technician DSR after income restoration and age 50

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I was an Air Technician and retired on FERS Disability in October 2004 with 22 years 6 months creditable service. In 2008 I exceeded the 80% income rule and was declared restored. In 2013 I turned 50 (I am now 55). Am I eligible to draw a Discontinued Service Retirement (DSR)? If so, am I eligible for back pay to when I turned age 50?

Your assistance in this matter is greatly appreciated.

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Posted by (Questions: 1, Answers: 0)
Asked on March 30, 2018 1:46 am
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According to your question, I have you at age 45 when you were restored to earnings capacity with 22 years 6 months of service. Since you did not meet the age and service requirement at the time your disability benefits were terminated, you are not eligible for a Discontinued Service Retirement. Below are excerpts from the CSRS FERS Handbook regarding your question:
Annuity Rights Upon Termination of Disability Annuity When Not Reemployed: If an annuitant’s disability benefits are terminated because he or she recovered from the disability or was restored to earning capacity, and the individual is not reemployed in a position subject to the retirement system, he or she is deemed involuntarily separated as of the date the annuity terminates and may qualify for an annuity based on that deemed separation. NOTE: Although the individual is deemed to be involuntarily separated, he or she does not receive service credit for the period of time he or she was an annuitant, except for those portions of the period when he or she was actually employed.
When a Discontinued Service Annuity is Payable: A discontinued service annuity begins the day after the disability annuity stops if –
• The annuitant is at least age 50 when the disability annuity stops and has at least 20 years of service; or
• The annuitant, regardless of age, has 25 or more years of service.

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Posted by (Questions: 0, Answers: 452)
Answered on March 30, 2018 2:38 pm