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

5 CFR 842.707(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 § 842.705 is payable to the individual, or his or her survivors, according to the following schedule:

5 CFR 842.707(a)(1)(1) Sixty percent of the lump-sum credit is payable at the time of retirement, and

5 CFR 842.707(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 842.707(b)(b) If an employee or Member whose annuity commences after January 3, 1988, and before October 1, 1989, dies before the time limit prescribed in § 842.704(b)(2), that individual is subject to § 842.704 (c) or (d), but the lump-sum credit will be paid in accordance with the schedule in paragraph (a) of this section.

5 CFR 842.707(c)(c) An annuitant is exempt from the deferred payment schedule under paragraph (a) of this section if the individual—

5 CFR 842.707(c)(1)(1) Separates involuntarily, other than for cause on charges of delinquency or misconduct, or

5 CFR 842.707(c)(2)(2) Has, at the time of retirement, a life-threatening affliction or other critical medical condition.

5 CFR 842.707(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 842.707(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 842.707(c)(3)(ii)(A)(A) Metastatic and/or inoperable neoplasms.

5 CFR 842.707(c)(3)(ii)(B)(B) Aortic stenosis (severe).

5 CFR 842.707(c)(3)(ii)(C)(C) Class IV cardiac disease with congestive heart failure.

5 CFR 842.707(c)(3)(ii)(D)(D) Respiratory failure.

5 CFR 842.707(c)(3)(ii)(E)(E) Cor pulmonale with respiratory failure.

5 CFR 842.707(c)(3)(ii)(F)(F) Emphysema with respiratory failure.

5 CFR 842.707(c)(3)(ii)(G)(G) [Reserved]

5 CFR 842.707(c)(3)(ii)(H)(H) Severe cardiomyopathy—Class IV.

5 CFR 842.707(c)(3)(ii)(I)(I) Aplastic anemia.

5 CFR 842.707(c)(3)(ii)(J)(J) Uncontrolled hypertension with hypertensive encephalopathy.

5 CFR 842.707(c)(3)(ii)(K)(K) Cardiac aneurysm not amenable to surgical treatment.

5 CFR 842.707(c)(3)(ii)(L)(L) Agranulocytosis.

5 CFR 842.707(c)(3)(ii)(M)(M) Severe hepatic failure.

5 CFR 842.707(c)(3)(ii)(N)(N) Severe hypoxic brain damage.

5 CFR 842.707(c)(3)(ii)(O)(O) Severe portal hypertension with esophageal varices.

5 CFR 842.707(c)(3)(ii)(P)(P) AIDS (Active—Not AIDS Related Complex or only seropositivity).

5 CFR 842.707(c)(3)(ii)(Q)(Q) Life-threatening infections (encephalitis, meningitis, rabies, etc.).

5 CFR 842.707(c)(3)(ii)(R)(R) Scleroderma with severe esophageal involvement.

5 CFR 842.707(c)(3)(ii)(S)(S) Amyotrophic lateral sclerosis (rapidly progressive).

5 CFR 842.707(c)(3)(ii)(T)(T) Hemiplegia with life threatening complications.

5 CFR 842.707(c)(3)(ii)(U)(U) Quadriplegia with life threatening complications.

5 CFR 842.707(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 842.707(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 842.707(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.