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:
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•
a worker receiving a PDB attains the age and years of service required for conversion
of the pension to a service pension, AND
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•
the worker is not required to still be disabled in order to be eligible.
If the worker clearly states that they must continue to be disabled in order to receive
the service pension, the pension continues to be a PDB and offset procedures still
apply.
Where there is a question or conflicting information, seek an opinion from the Office
of General Counsel (OGC) . See DI 52140.015 for information on preparing an OGC referral.