RSDI benefits cannot be based on any part of the PHS wages until a waiver has been filed, except for benefits before 7/60 (See RS 01702.521).

The claimant should file a waiver with OPM. A waiver must be filed for each period of service if both laws are involved.

OPM will:

• •

  notify SSA when a waiver has been filed to waive annuity rights based on the PHS service;

• •

  tell the last month, if any, for which the annuities included such service; and

• •

  send the notice to the Washington, DC, FO for transmittal to the servicing FO.

If insured status or the PIA is affected by the exclusion of the PHS service, suggest that the claimant contact OPM to determine:

1. a. 

   if eligible for a Civil Service annuity based on the service in question; and

2. b. 

   the effects on present and future Civil Service payments if they waive the annuity based on the service.

Advise the claimant to write to OPM at this address:

•  

  Office of Personnel Management
  
  Civil Service Retirement Section
  
  Chief of Section
  
  Post Adjudicative Division
  
  1900 E. Street, N.W.
  
  Washington, DC 20415

Mark the envelope “Deliver Unopened.” The letter should refer to the P.L. that applies.