Page:United States Statutes at Large Volume 75.djvu/811

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[75 Stat. 771]
[75 Stat. 771]
PUBLIC LAW 87-000—MMMM. DD, 1961

75

STAT.]

PUBLIC LAW 87-350-OCT. 4, 1961

771

SEC. 3. Section 11(h) of the Civil Service Retirement Act, as amended (74 Stat. 409; 5 U.S.C. 2261 (h)), is amended— (1) by inserting " (1) " immediately following " (h) "; and (2) by adding at the end thereof the following: "(2) Any employee— " (A) who is separated from the service prior to July 12, 1960; and " (B) who continues in the service after July 12, 1960, without break in service of one workday or more, shall be granted the benefits of paragraph (1) of this subsection as if he were separated after July 12, 1960,". SEC. 4. (a) Sections 7(d) and 7(e) of the Civil Service Retirement Act, as amended (70 Stat. 750, 751; 5 U.S.C. 2257(d) and (e)), are amended to read as follows: " (d) If such annuitant, before reaching age sixty, recovers from a^^hiiir^ ^ ^ ° "" his disability, payment of the annuity shall cease upon reemployment by the Government or one year from the date of the medical examination showing such recovery, whichever is earlier. If such annuitant, before reaching age sixty, is restored to an earning capacity fairly comparable to the current rate of compensation of the position occupied at the time of retirement, payment of the annuity shall cease upon reemployment by the Government or one year from the end of the calendar year in which earning capacity is so restored, whichever is earlier. Earning capacity shall be deemed restored if, in each of two succeeding calendar years, the income of the annuitant from wages or self-employment, or both, shall equal at least 80 per centum of the current rate of compensation of the position occupied immediately prior to retirement. "(e) If such annuitant whose annuity is discontinued under sub- ara"^°n""*^^ ^*^' section (d) is not reemployed in any position included in the provisions of this Act, he shall be considered except for service credit, as having been involuntarily separated from the service for the purposes of this Act as of the date of discontinuance of the disability annuity and shall, after such discontinuance, be entitled to annuity in accordance with the applicable provision of this Act. I n the case of an annuitant wiose annuity is heretofore or hereafter discontinued because of an earning capacity provision of this or any prior law and such annuitant is not reemployed in any position included in the provisions of this Act, annuity at the same rate shall be restored effective the first of the year following any calendar year in which his income from wages or self-employment, or both, is Jess than 80 per centum of the current rate of compensation of the position occupied immediately prior to retirement, if he has not recovered from the disability for which he was retired. In the case of an annuitant whose annuity is heretofore or hereafter discontinued because of a medical finding that the annuitant has recovered from disability and such annuitant is not reemployed in any position included in the provisions of this Act, annuity at the same rate shall be restored effective from the date of medical examination showing a recurrence of such disability. Neither the second nor third sentence of this subsection shall be applicable in the case of any person receiving or eligible to receive annuity under the first sentence hereof and who has reached the age of 62 years.". (b) No annuity payment shall be made, as a result of the amendment made by subsection (a) of this section, for any period prior to January 1 of the year following the year in which this Act is enacted. SEC, 5. Section 13(b) of the Civil Service Retirement Act, as amended (5 IT,S,C. 2263 (b)), is amended by adding at the end thereof 7o Stat. 757; 74 the following new sentence: "A similar right to redetermination after ^*^** ^'°'