3 FAM 6160
disability retirement under fsrds, fsrds offset, and fsps
(CT:PER-926; 09-27-2018)
(Office of Origin: HR/RET)
3 FAM 6161 PURPOSE
(CT:PER-926; 09-27-2018)
(State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service Employees)
a. Establishes the criteria for participants under the
FSRDS, FSRDS Offset, and FSPS regarding eligibility requirements for disability
retirement; an application for disability retirement; guidance on computing a
disability annuity; and the terms and conditions regarding when a disability
annuity is terminated and when a disability annuitant is reinstated.
b. The term "disability" under this section
applies only to entitlement to a disability annuity under the FSRDS, FSRDS
Offset, or FSPS. Therefore, it does not mean that a participant may be
entitled to veterans or Social Security benefits based on total disability or
disability clauses under private insurance policies.
c. It is Department of State policy to provide
employees with disabilities with reasonable accommodation, which may include
potential reassignment to an appropriate position within the same agency (see 3 FAM 3670).
d. A participant who meets the eligibility requirements
for disability retirement may elect to retire voluntarily in lieu of disability
retirement if the participant meets the eligibility requirements for an
immediate voluntary retirement.
3 FAM 6161.1 Authorities
(CT:PER-926; 09-27-2018)
(State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service Employees)
The authorities for disability retirement under the
Foreign Service Retirement and Disability System (FSRDS), the Foreign Service
Retirement and Disability System Offset (FSRDS Offset), and the Foreign Service
Pension System (FSPS) are found in sections 808, 855, 859, and 904 of the
Foreign Service Act of 1980, as amended, and Department of State Delegation of
Authority No. 372.
3 FAM 6161.2 Definitions
(CT:PER-926; 09-27-2018)
(State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service Employees)
Medical documentation: A
statement from a licensed physician, which may be supplemented by a statement
from another appropriate practitioner that provides information necessary to
determine an employees entitlement to a disability retirement. This includes:
(1) A history of the specific medical condition(s),
including any references to findings from previous examinations, treatment, and
responses to treatment;
(2) Clinical findings from the most recent medical
examination, including any of the following that have been obtained: findings
of a physical examination; results of laboratory tests; copies of X-rays; an
EKG report or other special evaluations or diagnostic procedures; and, in the
case of a psychiatric disease, the findings of a mental status examination and
the results of psychological tests;
(3) Diagnosis;
(4) Assessment of the current clinical status and
plans for future treatment;
(5) An estimate of the date of full or partial
recovery, if any recovery is anticipated;
(6) An explanation on the effect of the medical condition
related to the performance of duties; and
(7) Narrative explanation regarding the medical basis
for any finding that warrants duty restrictions or accommodations and its
therapeutic or risk avoiding value.
Useful and efficient service:
(1) Acceptable performance of the critical or
essential elements of the job; and
(2) A satisfactory conduct and attendance.
3 FAM 6162 RESPONSIBILITIES
(CT:PER-926; 09-27-2018)
(State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service Employees)
a. Office of Retirement (HR/RET):
The Office of Retirement is responsible for receiving applications for
disability retirement; ensuring that applications are complete; obtaining the
supervisors statement in cases of applications filed by an agency; maintaining
the applicants file; and communicating with an applicant or his or her
designee.
b. Principal Deputy Assistant
Secretary for Human Resources (HR/PDAS): The Principal Deputy Assistant
Secretary for Human Resources is responsible for rendering disability
retirement determinations.
c. Director General of the Foreign
Service and Director of Human Resources (Director General): The
Director General of the Foreign Service and Director of Human Resources is
responsible for rendering decisions on disability retirement requests for
reconsideration.
d. Office of Medical Services (MED):
The Office of Medical Services is responsible for scheduling medical examinations
when necessary and for providing advice and recommendations to the HR/PDAS
and/or Director General, as appropriate.
3 FAM 6163 ELIGIbiLITY REQUIREMENTS
(CT:PER-926; 09-27-2018)
(State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service Employees)
a. FSRDS Participants:
(1) A participant must be eligible for disability
retirement when both of the following conditions are met:
(a) The participant becomes totally disabled or
incapacitated for useful and efficient service by reason of disease, illness,
or injury (not due to vicious habits, intemperance, or willful conduct of the
participant); and
(b) The participant has at least five years of
creditable service toward retirement under the system (excluding credit for
military and naval service).
b. FSRDS Offset Participants:
(1) A participant must be eligible for disability
retirement when both of the following conditions are met:
(a) The participant becomes totally disabled or
incapacitated for useful and efficient service by reason of disease, illness,
or injury (not due to vicious habits, intemperance, or willful conduct of the
participant); and
(b) The participant has at least five years of
creditable service toward retirement under the system (excluding credit for
military and naval service).
(2) Social Security Requirement:
(a) Before payment of a disability annuity can be
authorized for an FSRDS Offset participant, the participant must provide HR/RET
with satisfactory evidence that the participant has filed an application for
disability insurance benefits under section 223 of the Social Security Act or
an official statement from the Social Security Administration that the
individual is not insured for disability insurance benefits as defined in
section 223(c)(1) of the Social Security Act;
(b) A disability retirement application will be
dismissed when HR/RET is notified by the Social Security Administration that an
application for disability insurance benefits has been withdrawn. All rights
to an FSRDS Offset disability retirement annuity terminate upon withdrawal of
an application for Social Security disability benefits; and
(c) A participant, who is under the age of 62 and is
eligible for Social Security disability benefits, must notify HR/RET of
increases to the participant Social Security disability payment. The
participant must report the increase by submitting a copy of the proof of
income letter from the Social Security Administration at the time the increase
becomes effective. Failure to provide proper documentation is grounds for
suspending the payment of a disability retirement annuity.
c. FSPS Participants:
(1) A participant must be eligible for disability
retirement when both of the following conditions are met:
(a) The participant becomes totally disabled or incapacitated
for useful and efficient service by reason of disease, illness, or injury; and
(b) The participant has at least 18 months of creditable
service toward retirement under the System (excluding credit for military and
naval service).
(2) Social Security Requirement:
(a) Before payment of a disability annuity can be
authorized for a FSPS participant, the participant must provide HR/RET with
satisfactory evidence that the participant has filed an application for
disability insurance benefits under section 223 of the Social Security Act or
an official statement from the Social Security Administration that the
individual is not insured for disability insurance benefits as defined in
section 223(c)(1) of the Social Security Act;
(b) A disability retirement application will be
dismissed when HR/RET is notified by the Social Security Administration that an
application for disability insurance benefits has been withdrawn. All rights
to an FSPS disability retirement annuity terminate upon withdrawal of an application
for Social Security disability benefits; and
(c) A participant, who is under the age of 62 and is
eligible for Social Security disability benefits, must notify HR/RET of
increases to the participant Social Security disability payment. The participant
must report the increase by submitting a copy of the proof of income letter
from the Social Security Administration at the time the increase becomes
effective. Failure to provide proper documentation is grounds for suspending
the payment of annuity.
3 FAM 6164 APPLICATION AND SUPPORTING
DOCUMENTATION
3 FAM 6164.1 Time Limit On
Application
(CT:PER-926; 09-27-2018)
(State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service Employees)
a. Except as provided in subsection (c) below, an
application must be filed before the employee is separated from service or
within one year thereafter. An application for disability retirement is
considered filed:
(1) On the date on which it is received;
(2) If the application is sent via facsimile, the date
of the facsimile;
(3) If the application is mailed, the date is
determined by the postmark date;
(4) If the application is mailed without a legible
postmark, the date of filing is five days prior to its receipt (excluding days
on which the employing agency is closed for business); or
(5) If the application is sent by commercial overnight
delivery, the date of filing is the date the application was given to the
overnight delivery service.
b. An application for disability retirement that is
filed within one year after the employees separation, and that is incompletely
executed or submitted in a form not prescribed, is deemed timely filed,
provided that proper documentation is executed and submitted within one year of
the employees notification by the Department of the applications
deficiencies.
c. The Director General may waive the one year time
limit, if the employee is mentally incompetent on the date of separation or
within one year thereafter. In such a situation, the application may be
accepted, if filed within one year from the date the employee is restored to
competency or a guardian is appointed, whichever is earlier.
d. An application for disability retirement may be
voluntarily withdrawn by the filer any time prior to the date on which the
HR/PDAS renders a decision on his or her application.
3 FAM 6164.2 Filing Applications
(CT:PER-926; 09-27-2018)
(State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service Employees)
A disability retirement application may be filed by:
(1) The participant;
(2) A guardian, when a participant has been adjudged
to be incompetent; or
(3) The human resources office of the employing
agency.
3 FAM 6164.2-1 Disability
Retirement Applications Filed by Participant
(CT:PER-926; 09-27-2018)
(State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service Employees)
a. Application: A participant,
who is applying for disability retirement, must submit Form DS-5004, Application
for Retirement, to HR/RET in the Department. If participant is not employed by
the Department, then the participant must submit this form to the human
resources office of the employing agency.
b. Supporting Documentation:
The participant should submit the following documentation with his or her
application:
(1) A description from the participant on the nature
of disability and a full explanation on the manner in which it affects
performance of duties;
(2) A statement by a licensed physician describing the
disability (Form DS-5024, Physician Statement in Connection with Disability
Retirement); and
(3) A narrative statement from the participant's
immediate supervisor regarding his or her performance of their official duties,
attendance, etc. and the agency's efforts to accommodate the participant (Form DS-5023,
Superior Officer's Statement in Connection with Disability Retirement, must be
used for this purpose).
3 FAM 6164.2-2 Disability
Retirement Applications Filed by Guardian
(CT:PER-926; 09-27-2018)
(State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service Employees)
a. Application: A guardian,
who is applying for disability retirement on behalf of a participant, must
submit Form DS-5004, Application for Retirement, to HR/RET in the Department.
If the participant is not employed by the Department, then the participant must
submit this form to the human resources office of the employing agency.
b. Supporting Documentation:
The guardian should submit the following:
(1) Evidence of guardianship;
(2) A description from the guardian of the
participants disability and a full explanation of the manner in which it
affects his or her performance of duties;
(3) A statement by a licensed physician describing the
disability (Form DS-5024, Physician Statement in Connection with Disability
Retirement); and
(4) A narrative statement from the participant's
immediate supervisor regarding his or her performance of their official duties,
attendance, etc. and the agency's efforts to accommodate the participant (Form DS-5023,
Superior Officer's Statement in Connection with Disability Retirement, must be
used for this purpose).
3 FAM 6164.2-3 Disability
Retirement Applications Filed by Agency
(CT:PER-926; 09-27-2018)
(State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service Employees)
a. Requirements: The human
resources office of any employing agency may initiate an application for
disability retirement on behalf of a participant under all of the following
conditions (for State Department, the application is initiated in consultation
with HR/ER and MED):
(1) The agency has issued a proposal to remove the
employee (such application must be withdrawn if the proposal is withdrawn or denied
and none of the other conditions in this subsection are met);
(2) The agency has a reasonable basis to conclude that
disease, illness, or injury may be the cause of unacceptable performance,
attendance, or conduct which renders the employee unable to work or to work
satisfactorily; or
(3) If the employee is incompetent and there is no
guardian willing to file an application on the employees behalf.
NOTE: Such office must
observe the following procedures before filing an application to retire an employee
on disability retirement when the employee fails to apply on his or her own.
An application may be initiated on the basis of supervisory observation, job
performance, attendance records, knowledge of illness, accident,
hospitalization, or upon other documented evidence. Supervisors may provide
such information or documentation to the appropriate human resources office,
but may not initiate an application for disability retirement for a
subordinate.
b. Counseling: An officer from
an appropriate agency will counsel an employee or guardian, as may be
appropriate, regarding the following before proceeding with an agency-initiated
action:
(1) An employee has a right to make a request for
reasonable accommodation so that the employee can perform the essential
functions of the employee duties (see 3 FAM 3670);
and
(2) The availability of other retirement options and
the associated retirement procedures.
c. Designation of a Representative:
The employee will be advised of the right to designate a representative, who
will advise and assist or represent the employee on any matters relating to the
proposed application. The designated representative will receive copies of
notices, determinations, decisions, or any other written communications
pertinent to the action being taken by the appropriate agency.
d. Employee Notification and Response:
The participant or representative, as may be appropriate, will be notified in
writing by HR/RET that an application for disability retirement has been
initiated on the participants behalf. The participant or representative will
be given 15 days to submit an optional written response, including any medical
documentation. If an agency-initiated application is not accompanied by
medical documentation regarding the participant, the HR/RET notification must
direct that the participant report to MED for a physical examination. In this
circumstance, if the participant refuses a medical examination, the HR/PDAS must
deny the application. However, refusal to submit to a medical examination may
result in disciplinary procedures against a participant.
e. Department Review and Determination:
After receipt of such response from the participant or representative, or 15
days after such notice is given and no response is received, the Medical
Director will submit a written report to the HR/PDAS as provided in 3 FAM 6164.3.
The HR/PDAS will then determine whether the participant should be retired.
f. Findings: When a
disability retirement determination is made by the HR/PDAS, the participant or
representative will be advised in writing of that finding and the reasons
therefore; and the participants or representatives right to request
reconsideration by the Director General.
3 FAM 6164.3 Examination and
Reports
(CT:PER-926; 09-27-2018)
(State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service Employees)
a. Physical Examination:
Findings of disability will be based on physical examinations by one or more
duly qualified physicians or surgeons. MED must determine whether the medical
documentation submitted by the participant is sufficient. If it is not, MED
may request that the participant provide additional medical documentation. If
appropriate, MED may invite the participant to report to a MED physician for a
physical examination. In the case of an agency-initiated application, refusal
to submit to a medical examination may result in disciplinary procedures
leading to adverse action against an employee.
b. Medical Report: The Medical
Director must submit a written report through HR/RET to the HR/PDAS, setting
forth the findings of the examination conducted under subsection (a) above and
the results of a review of any other medical information concerning the
employee. The medical report will include all pertinent data on all disabling
conditions found or alleged to exist. The report must also contain statements
on the following points:
(1) Whether the employee is totally disabled or
incapacitated for useful and efficient service (if not, the report must state
the extent to which the disability or incapacity affects duties necessary for
useful and efficient service);
(2) If the employee is a participant in FSRDS or FSRDS
Offset, any factors or information relating to whether the disability or incapacity
was caused by disease, illness, or injury that was due to vicious habits,
intemperance, or willful conduct;
(3) Whether the disability or incapacity is permanent
or, if potentially non-permanent, whether the disability or incapacity is
expected to last at least one year (if the condition is not expected to last at
least one year, the report must state the expected amount of time until a
significant degree of recovery is likely); and
(4) Whether the physical examination may be conducted
by or under the direction of a physician retained by the Medical Director or by
one or more duly qualified physicians or surgeons.
3 FAM 6165 DETERMINATION AND
RECONSIDERATION
(CT:PER-926; 09-27-2018)
(State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service Employees)
Determination: The entire case file, including
comprehensive medical reports and MED statements, will be reviewed by the
HR/PDAS, who makes the determination of whether the employee is eligible for
disability retirement. This determination must be conveyed in a letter which
informs the employee of the determination, the effective date of the retirement
(if applicable), and explains the employee's right to request reconsideration
in writing to the Director General:
(1) Reconsideration: A
participant who is dissatisfied with one of the determinations made under the
provisions in the first paragraph of this section, may request reconsideration;
(2) A request for reconsideration must be submitted
within 30 days following the date the participant received the initial
determination, unless prior to the expiration of the 30 days an extension is
granted by the Director of HR/RET because (1) the participant is able to show
he or she was not notified of the deadline and was not otherwise aware of it or
(2) the participant was prevented by circumstances beyond his or her control
from making the request within the time permitted. This request for reconsideration
must be filed within 30 days, even if the participant has advised that further
medical documentation will follow. The request for reconsideration must be in
writing and must contain:
(a) Participants name, address, date of birth, and
social security number;
(b) A full statement of the reasons for seeking
reconsideration; and
(c) Any pertinent data or information the participant
desires to submit.
(3) When the participant has introduced new evidence
for reconsideration or if the agency has received new information, the agency
may submit the new information on the employee's behalf;
(4) The Director General reviews all requests for
reconsideration under this section, taking into account all of the evidence and
information submitted by the participant, all of the information previously
considered by the HR/PDAS, and any additional information submitted by the
appropriate agencies. The Director General may request additional examinations
as deemed necessary; and
(5) On the basis of this review, the Director General
makes the final determination, which must be in writing and include a statement
of findings and conclusions and the reasons therefore. The notice of decision must
also inform the employee that he or she have the right to file a grievance.
3 FAM 6166 DATE OF SEPARATION,
COMMENCEMENT DATE, AND COMPUTATION OF DISABILTY ANNUITY
3 FAM 6166.1 Date of Separation
(CT:PER-926; 09-27-2018)
(State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service Employees)
Upon the approval by the HR/PDAS or Director General of a
disability retirement, the date of separation is established as follows (except
that a participant cannot be continued in a pay status past the end of the
month during which the participant reaches mandatory retirement at age 65):
(1) If the participant is on approved leave without
pay, the date of separation is retroactive to the last day the participant was
in pay status;
(2) If the participant is on approved sick leave, the
date of separation is the day sick leave expires, unless the participant elects
to cancel sick leave. The effective date is then established when the
participant ceases sick leave status;
(3) If the participant is working on the date of
approval, the participant must promptly relinquish official duties. The
participant may apply for and may be granted the maximum amount of sick leave
to which the participant is entitled. The effective date of separation in such
case is the day the sick leave expires.
(4) If the participant is participating in the
Voluntary Leave Transfer Program (VLTP), leave donated may not be used for any
purpose beyond the end of the pay period in which the disability was approved.
If there is excess donated leave, it must be returned to the donors through the
appropriate process and cannot be included in the lump-sum payment. The
effective date is:
(a) The last day of the pay period in which the approval
was granted; or
(b) If the participant has available non-VLTP sick
leave, the participant may apply for and may be granted the maximum amount of
such sick leave to which the participant is entitled. The effective date of
separation in such case is the day the sick leave expires.
3 FAM 6166.2 Commencement Date
(CT:PER-926; 09-27-2018)
(State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service Employees)
A disability annuity commences on the day after the
participant separates or the day after pay ceases and the participant is
approved for disability retirement.
3 FAM 6166.3 Computation of
Disability Annuity
(CT:PER-926; 09-27-2018)
(State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service Employees)
a. FSRDS Participants: The
annuity of a participant approved for disability retirement is computed as
prescribed in section 806 of the Foreign Service Act; however, if the
participant has less than 20 years of service credit toward retirement under
the FSRDS at the time of retirement, the annuity is computed on the assumption
that the participant has 20 years of service, except that the additional
service credit that may accrue to a participant in this case must not exceed
the difference between the participants age at the time of retirement and 60
years of age. However, if a participant retiring under 10 U.S.C. 12732 (formerly
Chapter 67) is receiving retired pay or retainer pay for military service
(except that specified in section 5 U.S.C. 8332(c)(1) or (2) ) or pension or
compensation from the Veterans Administration in lieu of such retired or
retainer pay, the annuity of the participant must be computed without the extra
service credit authorized by this paragraph and also excluding credit for
military service from that computation. If the amount of the annuity computed,
plus the retired or retainer pay that is received, or that would be received
but for the application of the limitation in 5 U.S.C. 5532, or the pension or
compensation from the Veterans Administration in lieu of such retired or
retainer pay, is less than the annuity that would be payable under this paragraph
in the absence of the previous sentence, an amount equal to the difference must
be added to the annuity computed under this paragraph.
b. FSRDS Offset Participants:
The annuity of a participant under a disability retirement is computed as
provided in subsection (a) above, except the annuity is reduced (offset) when
the employee becomes eligible for Social Security. The offset is applied as of
the 1st day of the month during which the participant is entitled to disability
annuity under FSRDS and is entitled, or on proper application would be
entitled, to disability benefits under Social Security. If the participant is
not entitled to Social Security disability, there is no offset until or unless
the participant later becomes entitled to Social Security.
c. FSPS Participants:
(1) Participants Under Age 62:
If a participant is under 62 years of age and not eligible for an immediate
annuity, for the period beginning on the date that the disability retirement
annuity commences, or is restored, the annuity must be equal to 60 percent of
the annuitants average high-3 salary during the first 12 months of
disability. After the first 12 months up until 62 years of age, the annuity must
be reduced to 40 percent of the annuitants average high-3 salary.
(2) Participants at Age 62:
If a participant is already 62 years of age or meets the requirements for an
immediate annuity (50 years of age and 20 years of service), the participants
annuity must be that earned annuity.
(3) Redetermination at Age 62:
Effective on and after the annuitants 62nd birthday, the rate of annuity
payable to a disability annuitant will be the amount of an annuity computed
with respect to the annuitant, including credit for all service before the
annuitants 62nd birthday during which the annuitant was entitled to a
disability retirement annuity. The average pay used in computing the annuity
is adjusted by all cost-of-living increases effective under 5 U.S.C. 8462(b)
during the time the annuitant was receiving the disability retirement annuity.
(4) Reduction for Social Security
Benefits: For any month in which an annuitant is entitled to both a
disability retirement annuity as computed under paragraph (1) and to a
disability insurance benefit under section 223 of the Social Security Act, the
annuitants annuity for such month must, if such month occurs during the first
12 month period, be reduced by 100 percent of the annuitants assumed
disability insurance benefit for such month, and if such month occurs after the
12 month period, be reduced by 60 percent of the annuitants assumed disability
insurance benefit for such month.
3 FAM 6167 ANNUAL REVIEW, AND
REINSTATEMENT OR REAPPOINTMENT OF RECOVERED FOREIGN SERVICE ANNUITANTS
3 FAM 6167.1 Annual Review
(CT:PER-926; 09-27-2018)
(State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service Employees)
a. Permanent Disability Cases:
Whenever an annuitants disability is determined to be permanent, the annuitant
is not given a medical examination again unless:
(1) In the opinion of the HR/PDAS, such action is
warranted by unforeseen circumstances or conditions subsequently found to
exist; or
(2) The annuitant submits a request for medical
re-examination to the HR/PDAS, and the HR/PDAS grants that request.
NOTE: No medical review
will take place after the annuitant reaches 60 years of age under FSRDS or 62
years of age under FSRDS Offset and FSPS.
b. Non-Permanent Disability Cases:
Whenever an annuitants disability is determined to be potentially
non-permanent, the annuitant must undergo a medical examination at the end of
one year from the date of disability retirement and annually thereafter unless,
following such an annual review, the HR/PDAS determines the disability to be
permanent, or until the annuitant reaches 60 years of age under FSRDS or 62
years of age under FSRDS Offset and FSPS:
(1) Medical Review: When the
disability has been determined to be potentially non-permanent, the Director of
HR/RET must notify the annuitant of the annual requirement to undergo a medical
re-examination and to submit documentation of that examination to MED prior to
each anniversary date of the disability retirement;
(2) Medical Report: The
Medical Director will make a written report through HR/RET to the HR/PDAS,
setting forth the results of the examination. The report must also contain
statements on the following points:
(a) Whether the employee is totally disabled or
incapacitated for useful and efficient service (if not, the report must state
the extent to which the disability or incapacity affects duties necessary for
useful and efficient service);
(b) If the employee is a participant in FSRDS or FSRDS
Offset, any factors or information relating to whether the disability or
incapacity was caused by disease, illness, or injury that was due to vicious
habits, intemperance, or willful conduct;
(c) Whether the disability or incapacity is permanent
or, if potentially non-permanent, whether the disability or incapacity is
expected to last at least one year (if the condition is not expected to last at
least one year, the report must state the expected amount of time until a
significant degree of recovery is likely); and
(d) Whether the Medical Directors report is based on
physical examinations by one or more duly qualified physicians or surgeons.
NOTE: At any time on the
basis of additional medical examinations, the Medical Director may submit a
recommendation to the HR/PDAS that an annuitants disability is permanent and
requires no further annual medical examination.
(3) Determination of Disability
Status: Upon review of the Medical Director's report, the HR/PDAS
determines whether the employee is eligible to be reinstated. If not, the
HR/PDAS determines whether the disability is permanent or continues to be
potentially non-permanent;
(4) Notice to Annuitant:
HR/RET notifies the annuitant in writing of the foregoing determinations;
(5) Failure to Submit to Medical
Review: If a disability annuitant fails to submit to the annual medical
review required under this section, payment of the annuity is suspended until
such examinations are completed and continuance of the disability or incapacity
is satisfactorily established.
3 FAM 6167.2 Reinstatement or
Reappointment of Recovered Foreign Service Annuitants
(CT:PER-926; 09-27-2018)
(State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service Employees)
a. Whenever, on the basis of a medical examination, the
HR/PDAS determines that an annuitant has recovered to the extent that the
annuitant can return to duty, the annuitant may, within a period of one year from
the date on which recovery is determined, apply for reinstatement or
reappointment in the Service. Application should be made to the human
resources office of the annuitant's previous employing agency. For the
Department, application should be made to the Bureau of Human Resources, Office
of Recruitment, Examination, and Employment.
b. Reappointments of recovered annuitants are not
subject to limitations found in 3 FAM 2131.1,
sub-sections 6 and 8. Time while on approved disability retirement must be
excluded from time in class and time in service calculations.
c. If for any reason a recovered disability annuitant,
whose annuity is discontinued, or is not reinstated or reappointed in the
Service, the annuitant is considered to have been separated as of the date on
which the participant was retired under disability. In such event, after
discontinuance of the disability annuity, the participant is entitled to a
lump-sum payment of retirement contributions. Alternatively, the annuitant may
elect to leave his or her own contribution in the Fund and apply for voluntary
retirement under Section 811 of the Foreign Service Act, if eligible, or a
deferred annuity under Section 810 of the Foreign Service Act.
d. Payment of the annuity continues until six months
after the date of the examination showing recovery or until the date of
reinstatement or reappointment in the Service, whichever is earlier.
3 FAM 6168 ELECTION BETWEEN THE
FOREIGN SERVICE RETIREMENT ANNUITY AND WORKERS COMPENSATION
(CT:PER-926; 09-27-2018)
(State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service Employees)
a. A participant who is disabled or injured in the line
of duty may not receive both a disability retirement annuity and compensation
for work injuries under the Federal Employees' Compensation Act (FECA), 5
U.S.C. 8101-8150, for the same period of time. A participant may elect to
receive whichever benefit is more advantageous and may change such election
from time to time.
b. If a participant elects workers compensation
benefits under FECA, the participant may also apply for retirement upon
separation, but annuity payments are suspended during the period the
participant is receiving compensation under FECA. By so applying, the
participant will protect annuity rights along with any survivor rights under
the Foreign Service Act, should workers compensation payments cease or be
reduced. If the participant does intend to apply for a Foreign Service retirement,
a participant may elect a refund of the participant Foreign Service retirement
contributions. If the participant applies for and receives a refund, the
participant and survivor(s) will forfeit any right to a retirement annuity
based on the service covered by the refund.
c. The general bar against receipt of annuity and
compensation at the same time is subject to the following exceptions:
(1) An employee receiving compensation benefits as a
result of the death of another person may also receive annuity under the Foreign
Service Act on the basis of creditable service; and
(2) The right of any person entitled to an annuity
under the Foreign Service Act is not affected because that person has received:
(a) A scheduled disability award under 5 U.S.C. 8107 for
the loss of a bodily member; or
(b) A lump sum commuted payment under 5 U.S.C. 8135 of a
monthly compensation award for work injuries.
d. However, if a Foreign Service annuity is payable on
account of the same disability for which monthly compensation was awarded under
FECA, in order to qualify for the Foreign Service annuity, the annuitant must reimburse
to the Office of Workers Compensation Programs, Department of Labor, that
portion of the payment (as determined by the Secretary of Labor) that begins on
or beyond the effective date of the Foreign Service annuity.
3 FAM 6169 UNASSIGNED