CONCURRENT ENTITLEMENT TO BENEFITS UNDER CHAPTER 81 AND CHAPTER 83 OR 84 OF TITLE 5. UNITED STATES CODE.

SEC. 124. CONCURRENT ENTITLEMENT TO BENEFITS UNDER CHAPTER 81 AND CHAPTER 83 OR 84 OF TITLE 5. UNITED STATES CODE. (a) In General.— (1) Amendments.— (A) CSRS.— Section 8337 is amended by striking subsections (f) and (g) and inserting in lieu thereof the following: “(f) (1) An individual is not entitled to receive— “(A) an annuity under this subchapter, and “(B) compensation for injury to, or disability of, such individual under subchapter I of chapter 81, other than compensation payable under section 8107, covering the same period of time. “(2) An individual is not entitled to receive an annuity under this subchapter and a concurrent benefit under subchapter I of chapter 81 on account of the death of the same person. “(3) Paragraphs (1) and (2) do not bar the right of a claimant to the greater benefit conferred by either this subchapter or subchapter I of chapter 81. “(g) If an individual is entitled to an annuity under this subchapter, and the individual receives a lump-sum payment for compensation under section 8135 based on the disability or death of the same person, so much of the compensation as has been paid for a period extended beyond the date payment of the annuity commences, as determined by the Department of Labor, shall be refunded to that Department for credit to the Employees’ Compensation Fund. Before the individual may receive the annuity, the individual shall— “(1) refund to the Department of Labor the amount representing the commuted compensation payments for the extended period; or “(2) authorize the deduction of the amount from the annuity. Deductions from the annuity may be made from accrued or accruing payments. The amounts deducted and withheld from the annuity shall be transmitted to the Department of Labor for reimbursement to the Employees’ Compensation Fund. When the Department of Labor finds that the financial circumstances of an individual entitled to an annuity under this subchapter warrant deferred refunding, deductions from the annuity may be prorated against and paid from accruing payments in such manner as the Department determines appropriate.”. (B) FERS.— Subchapter VI of chapter 84 is amended by inserting after section 8464 the following: “§ 8464a. Relationship between annuity and workers’ compensation “(a) (1) An individual is not entitled to receive— “(A) an annuity under subchapter II or V, and “(B) compensation for injury to, or disability of, such individual under subchapter I of chapter 81, other than compensation payable under section 8107, covering the same period of time. “(2) An individual is not entitled to receive an annuity under subchapter IV and a concurrent benefit under subchapter I of chapter 81 on account of the death of the same person. 101 STAT. 1756 “(3) Paragraphs (1) and (2) do not bar the right of a claimant to the greater benefit conferred by either this chapter or subchapter I of chapter 81. “(b) If an individual is entitled to an annuity under subchapter II, IV, or V, and the individual receives a lump-sum payment for compensation under section 8135 based on the disability or death of the same person, so much of the compensation as has been paid for a period extended beyond the date payment of the annuity commences, as determined by the Department of Labor, shall be refunded to that Department for credit to the Employees’ Compensation Fund. Before the individual may receive the annuity, the individual shall— “(1) refund to the Department of Labor the amount representing the commuted compensation payments for the extended period; or “(2) authorize the deduction of the amount from the annuity. Deductions from the annuity may be made from accrued or accruing payments. The amounts deducted and withheld from the annuity shall be transmitted to the Department of Labor for reimbursement to the Employees’ Compensation Fund. When the Department of Labor finds that the financial circumstances of an individual entitled to an annuity under subchapter II, IV, or V warrant deferred refunding, deductions from the annuity may be prorated against and paid from accruing payments in such manner as the Department determines appropriate.”. (2) Chapter analysis.— The analysis for chapter 84 is amended by inserting after the item relating to section 8464 the following: “8464a. Relationship between annuity and workers’ compensation.”. (b) Technical and Conforming Amendments.— (1) Subchapter V of chapter 84 is amended— (A) by striking section 8456; and (B) by redesignating section 8457 as section 8456. (2) The analysis for chapter 84 is amended— (A) by striking the item relating to section 8456; and (B) by striking “8457” and inserting in lieu thereof “8456”. (c) Effective Date.— (1) In general.— Except as provided in paragraph (2), the amendments made by this section shall be effective as of January 1, 1987, and shall apply with respect to benefits payable based on a death or disability occurring on or after that date. (2) Exception.— The amendment made by subsection (a)(1)(A) shall take effect on the date of the enactment of this Act and shall apply with respect to benefits payable based on a death or disability occurring on or after that date.