Sec. 823. Annuity Adjustment for Recall Service
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## Sec. 823 Annuity Adjustment for Recall Service **[**[22 U.S.C. 4063](/us/usc/t22/s4063)**]** ###
(a)Any annuitant recalled to duty in the Service under section 308(a) shall, while so serving, be entitled in lieu of annuity to the full salary of the class in which serving. During such service the recalled annuitant shall make contributions to the Fund in accordance with section 805. On the day following termination of the recall service, the former annuity shall be resumed, adjusted by any cost-of-living increases under section 825 that became effective during the recall period. ###
(b)If the recall service lasts less than one year, the contributions of the annuitant to the Fund during recall service shall be refunded in accordance with section 815. If the recall service lasts more than one year, the annuitant may, in lieu of such refund, elect a supplemental annuity computed under section 806 on the basis of service credit and average salary earned during the recall period irrespective of the number of years of service credit previously earned. If the recall service continues for at least 5 years, the annuitant may elect to have his or her annuity determined anew under section 806 in lieu of any other benefits under this section. Any annuitant who is recalled under section 308 may upon written application count as recall service any prior service that is creditable under section 816 that was performed after the separation upon which his or her annuity is based. ###
(c)If an annuitant becomes subject to subchapter II of this chapter by reason of recall service— ####
(1)subsections
(a)and
(b)shall not apply to such annuitant; and ####
(2)section 824 shall apply to the recall service as if such service were reemployment.
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Sec. 823
Annuity Adjustment for Recall Service
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