The requirements for conversion of a PDB to a “service pension” differ between states/plans.
The particular State law or local government plan pursuant to which the pension is
paid determines whether the benefit in question is or is not a PDB. Because State
laws and local government plans will differ, it is possible to find that some of these
converted pensions will be PDBs and others will not.
Generally, the benefit no longer meets the definition of PDB set forth in Section
224 of the Act if the pension is no longer based on a disability where:
a worker receiving a PDB attains the age and years of service required for conversion
of the pension to a service pension, AND
the worker is not required to still be disabled in order to be eligible.
If the worker clearly states that he or she must continue to be disabled in order
to receive the service pension, the pension continues to be a PDB and offset procedures
Where there is a question or conflicting information, seek an opinion from the OGC
Regional Chief Counsel's office with responsibility for the State in question on the
particular State law or local government plan under which the pension is paid. See
DI 52140.015 for information on preparing an OGC referral.