5 U.S.C. § 8451 — Disability retirement
submitted 40 years ago by Pub. L. 99-335 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 364 words · no verdicts yet
Employees and Members who become disabled after at least 18 months of federal service may retire on disability. An employee generally can't get disability retirement if they turn down a reasonable, similar-level job offer within commuting distance, though they can appeal that finding. Disability retirees get an annuity calculated under a separate section.
(a) Employees.
(1) An employee* who has completed at least 18 months of creditable civilian service* and who has become disabled must be retired, either on their own application or on their agency's application. For this purpose, an employee counts as "disabled" only if the Office* of Personnel Management finds that a disease or injury keeps them from doing useful and efficient work in their position.
(2) An employee is not eligible for disability retirement if they turned down a reasonable offer to move to a vacant position in their agency that they're qualified for, if that position is at the same grade or pay level as their most recent one (or higher), is within their commuting area, and is one where they could do useful and efficient work. An employee applying for disability retirement must be considered for reassignment to such a position, following rules the Office sets by regulation. If the agency decides the employee isn't actually unable to do useful and efficient work in a position they turned down, the employee can appeal that decision to the Merit Systems Protection Board* under section 7701. For an employee of the U.S. Postal Service, a position doesn't count as one they're "qualified for" if it's in a different craft, or if moving them there would violate a collective-bargaining agreement that covers them.
(b) Members. A Member* who has completed at least 18 months of service as a Member, and who the Office finds is disabled by disease or injury from doing useful and efficient work as a Member, must be retired on their own application.
(c) Benefit. An employee or Member who retires under this section is entitled to an annuity calculated under section 8452.
An employee* who completes at least 18 months of civilian service* creditable under section 8411 and has become disabled shall be retired on the employee’s own application or on application by the employee’s agency.
For purposes of this subsection, an employee shall be considered disabled only if the employee is found by the Office* to be unable, because of disease or injury, to render useful and efficient service in the employee’s position.
Notwithstanding paragraph (1), an employee shall not be eligible for disability retirement under this section if the employee has declined a reasonable offer of reassignment to a vacant position in the employee’s agency for which the employee is qualified if the position—
is at the same grade (or pay level) as the employee’s most recent grade (or pay level) or higher;
is within the employee’s commuting area; and
is one in which the employee would be able to render useful and efficient service.
An employee who is applying for disability retirement under this subchapter shall be considered for reassignment by the employee’s agency to a vacant position described in subparagraph (A) in accordance with such procedures as the Office shall by regulation prescribe.
An employee is entitled to appeal to the Merit Systems Protection Board* under section 7701 any determination that the employee is not unable, because of disease or injury, to render useful and efficient service in a position to which the employee has declined reassignment under this section.
For purposes of subparagraph (A), an employee of the United States Postal Service shall not be considered qualified for a position if such position is in a different craft or if reassignment to such position would be inconsistent with the terms of a collective-bargaining agreement covering the employee.
A Member* who completes at least 18 months of service as a Member and is found by the Office to be disabled for useful and efficient service as a Member because of disease or injury shall be retired on the Member’s own application.
An employee or Member retiring under this section is entitled to an annuity computed under section 8452.
Source credit: (Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 565.)
- 1986Enacted · Pub. L. 99-335 · 100 Stat. 565
A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-335 on 1986-06-06.
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