§ 8456. Military reserve technicians
(a)
(1)
Except as provided in paragraph (2) or (3), an individual shall be retired under this subchapter if the individual—
(A)
is separated from employment as a military reserve technician by reason of a disability that disqualifies the individual from membership in a reserve component of the Armed Forces specified in section
10101 of title
10 or from holding the military grade required for such employment;
(2)
Payment of any annuity for an individual pursuant to this section terminates—
(A)
on the date the individual is appointed to a position in the Government (whether pursuant to subsection (b) or otherwise);
(b)
Any individual applying for or receiving any annuity pursuant to this section shall, in accordance with regulations prescribed by the Office, be considered by any agency of the Government before any vacant position in the agency is filled if—