§ 831.2207 Partial deferred payment of the lump-sum credit if annuity commences after January 3, 1988, and before October 1, 1989

5 CFR 831.2207(a)(a) Except as provided in paragraph (c) of this section, if the annuity of an employee or Member commences after January 3, 1988, and before October 1, 1989, the lump-sum credit payable under § 831.2204 is payable to the individual, or his or her survivors, according to the following schedule:

5 CFR 831.2207(a)(1)(1) Sixty percent of the lump-sum credit is payable at the time of retirement, and

5 CFR 831.2207(a)(2)(2) Forty percent is payable, with interest determined under section 8334(e)(3) of title 5, United States Code, one year after the time of retirement.

5 CFR 831.2207(b)(b) If an employee or Member whose annuity commences after January 3, 1988, and before October 1, 1989, dies before the date of final adjudication, that individual is subject to § 831.2203 (f) or (g), but the lump-sum credit will be paid in accordance with the schedule in paragraph (a) of this section.

5 CFR 831.2207(c)(c) An annuitant is exempt from the deferred payment schedule under paragraph (a) of this section if the individual—

5 CFR 831.2207(c)(1)(1) Separates involuntarily, other than for cause on charges of delinquency or misconduct, or

5 CFR 831.2207(c)(2)(2) Has, at the time of retirement, a life-threatening affliction or other critical medical condition.

5 CFR 831.2207(c)(3)(i)(3)(i) For the purpose of this section, life-threatening affliction or other critical medical condition means a medical condition so severe as to reasonably limit an individual's probable life expectancy to less than 2 years.

5 CFR 831.2207(c)(3)(ii)(ii) The existence of one of the following medical conditions is prima facie evidence of a life threatening affliction or other critical medical condition:

5 CFR 831.2207(c)(3)(ii)(A)(A) Metastatic and/or inoperable neoplasms.

5 CFR 831.2207(c)(3)(ii)(B)(B) Aortic stenosis (severe).

5 CFR 831.2207(c)(3)(ii)(C)(C) Class IV cardiac disease with congestive heart failure.

5 CFR 831.2207(c)(3)(ii)(D)(D) Respiratory failure.

5 CFR 831.2207(c)(3)(ii)(E)(E) Cor pulmonale with respiratory failure.

5 CFR 831.2207(c)(3)(ii)(F)(F) Emphysema with respiratory failure.

5 CFR 831.2207(c)(3)(ii)(G)(G) [Reserved]

5 CFR 831.2207(c)(3)(ii)(H)(H) Severe cardiomyopathy—Class IV.

5 CFR 831.2207(c)(3)(ii)(I)(I) Aplastic anemia.

5 CFR 831.2207(c)(3)(ii)(J)(J) Uncontrolled hypertension with hypertensive encephalopathy.

5 CFR 831.2207(c)(3)(ii)(K)(K) Cardiac aneurysm not amenable to surgical treatment.

5 CFR 831.2207(c)(3)(ii)(L)(L) Agranulocytosis.

5 CFR 831.2207(c)(3)(ii)(M)(M) Severe hepatic failure.

5 CFR 831.2207(c)(3)(ii)(N)(N) Severe Hypoxic brain damage.

5 CFR 831.2207(c)(3)(ii)(O)(O) Severe portal hypertension with esophageal varices.

5 CFR 831.2207(c)(3)(ii)(P)(P) AIDS (Active—Not AIDS Related Complex or only seropositivity).

5 CFR 831.2207(c)(3)(ii)(Q)(Q) Life threatening infections (encephalitis, meningitis, rabies, etc.).

5 CFR 831.2207(c)(3)(ii)(R)(R) Scleroderma with severe esophageal involvement.

5 CFR 831.2207(c)(3)(ii)(S)(S) Amyotrophic lateral sclerosis (rapidly progressive).

5 CFR 831.2207(c)(3)(ii)(T)(T) Hemiplegia with life threatening complications.

5 CFR 831.2207(c)(3)(ii)(U)(U) Quadriplegia with life threatening complications.

5 CFR 831.2207(c)(3)(iii)(iii) Evidence of the existence of a life-threatening affliction or other critical medical condition must be certified by a physician and sent to OPM on or before the date the annuitant elects to receive an alternative form of annuity. For the purpose of this section, “physician” has the same meaning given that term in § 339.102 of this chapter.

5 CFR 831.2207(c)(3)(iv)(iv) If a medical condition other than those listed in paragraph (c)(3)(ii) of this section is claimed as a basis for exemption from the deferred payment schedule, OPM will review the physician's certification to determine whether the cited condition is life-threatening or critical.

5 CFR 831.2207(c)(3)(v)(v) The cost of providing medical documentation under this paragraph rests with the employee or Member, unless OPM exercises its choice of physician.