Annuities and pay on reemployment

§ 8344. Annuities and pay on reemployment (a) If an annuitant receiving annuity from the Fund, except— (1) a disability annuitant whose annuity is terminated because of his recovery or restoration of earning capacity; (2) an annuitant whose annuity is based on an involuntary separation from the service other than an automatic separation; or (3) a Member receiving annuity from the Fund; becomes employed after September 30, 1956, or on July 31, 1956 was serving, in an appointive or elective position, his service on and after the date he was or is so employed is covered by this subchapter. Deductions for the Fund may not be withheld from his pay. An amount equal to the annuity allocable to the period of actual employment shall be deducted from his pay. If the annuitant serves on a full-time basis, except as President, for at least 1 year in employment not excluding him from coverage under section 8331(1) (i) or (ii) of this title— (A) his annuity on termination of employment is increased by an annuity computed under section 8339 (a), (b), (d), (g), and (h) of this title as may apply based on the period of employment and the basic pay, before deduction, averaged during that employment; and (B) his lump-sum credit may not be reduced by annuity paid during that employment. If the described employment of the annuitant continues for at least 5 years, he may elect, instead of the benefits provided by this subsection, to deposit in the Fund an amount computed under section 8334(c) of this title covering that employment and have his rights redetermined under this subchapter. A similar right to redetermination after deposit is applicable to an annuitant— (i) whose annuity is based on an involuntary separation from the service; and (ii) who is separated after October 3, 1961, following a period of employment on a full-time basis which began before October 1, 1956. The employment of an annuitant under this subsection does not create an annuity for or affect the annuity of a survivor. (b) If a Member receiving annuity from the Fund becomes employed in an appointive or elective position, annuity payments are discontinued during the employment and resumed in the same amount on termination of the employment, except that— (1) the retired Member or Member separated with title to immediate or deferred annuity, who serves at any time after sep-80 Stat. 582aration as a Member in an appointive position in which he is within the purview of this subchapter, is entitled, if he so elects, to have his Member annuity computed or recomputed as if the service had been performed before his separation as a Member and the annuity as so computed or recomputed is effective— (A) the day Member annuity commences; or (B) the day after the date of separation from the appointive position; whichever is later; (2) if the retired Member becomes employed after December 31, 1958, in an appointive position on an intermittent-service basis— (A) his annuity continues during the employment and is not increased as a result of service performed during that employment; (B) retirement deductions may not be withheld from his pay; (C) an amount equal to the annuity allocable to the period of actual employment shall be deducted from his pay; and (D) the amounts so deducted shall be deposited in the Treasury of the United States to the credit of the Fund; (3) if the retired Member becomes employed after December 31, 1958, in an appointive position without pay on a full-time or substantially full-time basis, his annuity continues during the employment and is not increased as a result of service performed during the employment; and (4) if the retired Member takes office as Member and gives notice as provided by section 8331 (2) of this title, his service as Member during that period shall be credited in determining his right to and the amount of later annuity. This subsection does not apply to a Member appointed by the President to a position not requiring confirmation by the Senate.