C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 844—FEDERAL EMPLOYEES' RETIREMENT SYSTEM—DISABILITY RETIREMENT › Subpart A—General Provisions

5 C.F.R. § 844.102

Definitions

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In this part:

Accommodation means a reasonable adjustment made to an employee's job or work environment that enables the employee to perform the duties of the position. Accommodation may include modifying the worksite; adjusting the work schedule; restructuring the job; obtaining or modifying equipment or devices; providing interpreters, readers, or personal assistants; and retraining the employee.

Basic pay means the pay an employee receives that is subject to deductions under FERS.

Commuting area has the meaning given the term “local commuting area” in § 351.203 of this chapter.

Disabled and disability means unable or inability, because of disease or injury, to render useful and efficient service in the employee's current position.

FERS means the Federal Employees' Retirement System established under chapter 84 of title 5, United States Code.

Medical condition means a health impairment resulting from a disease or injury, including a psychiatric disease. This is the same definition of “medical condition” that is found in § 339.104 of this chapter.

Medical documentation means a statement from a licensed physician, which may be supplemented by a statement from another appropriate practitioner, that provides information OPM considers necessary to determine an individual's entitlement to benefits under this part. Such a statement must meet the criteria set forth in § 339.104 of this chapter.

Military reserve technician has the same meaning given this term in 5 U.S.C. 8401(30).

OPM means the Office of Personnel Management.

Permanent position means an appointment without time limitation.

Physician and practitioner have the same meaning given these terms in § 339.104 of this chapter.

Qualified for reassignment means able to meet the minimum requirements for the grade and series of the vacant position in question.

Same grade or pay level means, in regard to a vacant position within the same pay as the position the employee currently occupies, the same grade and an equivalent amount of basic pay. A position under a different pay system or schedule is at the same pay level if the representative rate, as defined in § 532.401 of this chapter, equals the representative rate of the employee's current position.

Useful and efficient service means acceptable performance of the critical or essential elements of the position; and satisfactory conduct and attendance.

Vacant position means an unoccupied position of the same grade or pay level and tenure for which the employee is qualified for reassignment that is located in the same commuting area and, except in the case of a military reserve technician, is serviced by the same appointing authority of the employing agency. The vacant position must be full time, unless the employee's current position is less than full time, in which case the vacant position must have a work schedule of no less time than that of the current position. In the case of an employee of the United States Postal Service, a vacant position does not include a position in a different craft or a position to which reassignment would be inconsistent with the terms of a collective bargaining agreement covering the employee.

Notes of Decisions
Cited in 14 cases (8 in the last 5 years), 1995–2024 · leading case: William A. Anthony v. Off. of Pers. Mgmt., 58 F.3d 620 (Fed. Cir. 1995).
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William A. Anthony v. Off. of Pers. Mgmt., 58 F.3d 620 (Fed. Cir. 1995). · cites it 4× “§ 8451(a)(2)(A); 5 C.F.R. § 844.102 ; see also Federal Personnel Manual Supp.”
Katherine McLaughlin v. Off. of Pers. Mgmt., 353 F.3d 1363 (Fed. Cir. 2004). “5 C.F.R. § 844.102 (2003) (Disabled and disability means unable or inability, because of disease or injury, to render useful and efficient service in the employee’s current position.”
Solomon v. Vilsack, 628 F.3d 555 (D.C. Cir. 2010). “§ 791 (g) (providing that section 12111(9)’s definition applies to suits under the Rehabilitation Act); 5 C.F.R. § 844.102 (defining the term “accommodation” for purposes of the regulations governing FERS disability benefits).”
Kirk Zihlman v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 3× “See 5 C.F.R. § 844.102 . By contrast, the ADA as amended defines “disability” as, among other things, a physical or mental impairment that substantially limits one or more major life activities of an individual.”
Brian C. Danaha v. Off. of Pers. Mgmt. (MSPB 2015). · cites it 4× “¶7 Lastly, the administrative judge noted that the Board has previously held that a disability annuity calculated under section 8452 is calculated on the basis of pay actually received by the annuitant, citing 5 C.F.R. § 844.102 . ID at 4; see Siefring v.”
Michael Carroll v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 2× “Under 5 C.F.R. § 844.102 , “disability” means “inability, because of disease or injury to render useful and efficient service in the employee’s current position.”
Grover v. Opm (Fed. Cir. 2019). “Grover’s remaining ar- guments, including the argument that OPM improperly re- lied on 5 C.F.R. § 844.102 when it calculated his retirement annuity.”
Marcus Cash v. CIA (MSPB 2022). “5 C.F.R. § 844.102 . 8 ¶9 The administrative judge found that the appellant never requested an accommodation that would allow him to keep working.”
Lauren McLaughlin v. Off. of Pers. Mgmt. (MSPB 2023). “2006) (citing, among other authorities, 5 C.F.R. § 844.102 (“Accommodation means a reasonable adjustment made to an employee’s job or work environment that enables the employee to perform the duties of the position.”
Michael Bolden v. Off. of Pers. Mgmt. (MSPB 2023). “” 5 C.F.R. § 844.102 . If there is an accommodation that enables the employee to perform the critical or essential duties of his position of record, the employee may not receive disability retirement.”
Guadalupe Casarez v. Off. of Pers. Mgmt. (MSPB 2024). “” 5 C.F.R. § 844.102 . Based on these statutes and regulations, we discern no requirement for OPM to consider any deductions for health insurance in calculating the appellant’s FERS annuity for purposes of determining the overpayment amount.”
John Hammond v. Off. of Pers. Mgmt. (MSPB 2024). “But see 5 C.F.R. § 844.102 (stating that accommodation for purposes of FERS disability retirement may include providing personal assistants for the employee in question).”
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