TN 48 (10-23)

RS 01702.531 Adjudication


1. FO

After receiving the OPM notice that a waiver has been filed, the FO will prepare the applicable award or amended award.

  1. a. 

    Include a statement in file if the claimant does not wish to file a waiver.

  2. b. 

    Proceed with the award if insured status is met without the service in question and the claimant is undecided.

  3. c. 

    Inform the claimant that if they later decide to waive any rights to an OPM annuity, the waiver must be filed with OPM.

  4. d. 

    If the claimant is not insured without the PHS credit, tell the claimant in a letter that remuneration for service as:

    • a PHS reserve officer from 1/1/57 to 6/30/60, and/or

    • a PHS commissioned officer from 12/31/56 to the date of transfer,

      cannot be used in determining entitlement to or in computing the RSDI benefit amount, unless the claimant files (with OPM) a waiver of current and future civil service annuities based on the PHS service. Also, tell the claimant that we will withhold any action for 15 days, pending a reply.

2. Reviewing Office

  1. a. 

    If the claimant does not respond within fifteen days, the reviewing office will disallow the claim.

    If PHS officer service would affect the PIA or insured status, and the service is not included in the award, include this information in the award or disallowance notice.

  2. b. 

    When preparing an award, show in the remarks “Wages under P.L. 86-415 involved and no waiver of the OPM annuity filed.”

    This remark on the LSDP will serve as a reminder to alert the adjudicator if monthly benefits become payable. The amount of the LSDP is not affected by the law.

  3. c. 

    When preparing a monthly benefit or LSDP award which could be affected by PHS in the period 1/1/57-1/1/67, but a waiver has not been filed, show the remarks “No waiver filed under P.L. 89-234.”

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RS 01702.531 - Adjudication - 10/27/2023
Batch run: 10/27/2023