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2026-07-06 09:52:37 -04:00

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LegalText 5 U.S.C. § 8451 Disability retirement us united_states_code code_section 5 GOVERNMENT ORGANIZATION AND EMPLOYEES 84 FEDERAL EMPLOYEES RETIREMENT SYSTEM 8451 5 U.S.C. § 8451 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip /us/usc/t5/s8451 data/legal/raw/us/code/title-05/usc05.xml 3a41b3263d666c0847c2146699939120141112d10afe2c65dade6c96411bd1d7 719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540 edab9ab3c35bcad1f98aaf5dad4b4e510dfd5375656ecc0d08a85ddfe6ad21db 2026-07-04 official
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5 U.S.C. § 8451 - Disability retirement

Text

(a) (1) (A) An employee who completes at least 18 months of civilian service creditable under section 8411 and has become disabled shall be retired on the employees own application or on application by the employees agency.

(B) 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 employees position.

(2) (A) 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 employees agency for which the employee is qualified if the position—

(i) is at the same grade (or pay level) as the employees most recent grade (or pay level) or higher;

(ii) is within the employees commuting area; and

(iii) is one in which the employee would be able to render useful and efficient service.

(B) An employee who is applying for disability retirement under this subchapter shall be considered for reassignment by the employees agency to a vacant position described in subparagraph (A) in accordance with such procedures as the Office shall by regulation prescribe.

(C) 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.

(D) 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.

(b) 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 Members own application.

(c) An employee or Member retiring under this section is entitled to an annuity computed under section 8452.

(Added Pub. L. 99335, title I, § 101(a), June 6, 1986, 100 Stat. 565.)