(a) Except as provided in paragraph (c) of this section, an individual must meet the following requirements in order to receive a disability annuity:
(1) The individual must have completed at least 18 months of civilian service that is creditable under FERS, as defined in § 842.304 of this chapter;
(2) The individual must, while employed in a position subject to FERS, have become disabled because of a medical condition, resulting in a deficiency in performance, conduct, or attendance, or if there is no such deficiency, the disabling medical condition must be incompatible with either useful and efficient service or retention in the position;
(3) The disabling medical condition must be expected to continue for at least 1 year from the date the application for disability retirement is filed;
(4) Accommodation of the disabling medical condition in the position held must be unreasonable; and
(5) The individual must not have declined an offer of reassignment to a vacant position.
(b) The employing agency must consider a disability applicant for reassignment to any vacant position. The agency must certify to the Office of Personnel Management (OPM) either that there is no vacant position or that, although it made no offer of reassignment, it considered the individual for a vacant position. If an agency offers a reassignment and the individual declines the offer, the individual may appeal the agency's determination that the individual is not disabled for the position in question to the Merit Systems Protection Board under 5 U.S.C. 7701.
(c)(1) Paragraphs (a)(2) through (a)(4) of this section do not apply to a military reserve technician who retires under 5 U.S.C. 8456.
(2) An individual who separates from employment as a military reserve technician under circumstances set forth in 5 U.S.C. 8456(a)(1) after reaching age 50 and completing 25 years of service is not entitled to a disability annuity under this part, but is entitled to an annuity under § 842.210 of this chapter.
(3) A former military reserve technician is not entitled to an annuity under 5 U.S.C. 8456 based on service as a technician if the technician is subsequently appointed to another position in the Federal Government.
Notes of Decisions
Gooden v. Off. of Pers. Mgmt., 471 F.3d 1275 (Fed. Cir. 2006).
· cites it 11× “§ 8451 ; 5 C.F.R. § 844.103 (a); Wilkey-Marzin v. Office of Pets.”
Chinchillo v. Powell, 236 F. Supp. 2d 18 (D.D.C. 2003).
· cites it 4× “” 5 C.F.R. § 844.103 (a)(2). To be eligible for such benefits, it also must be established that “[a]ccommodation of the disabling medical condition in the position held must be unreasonable.”
Solomon v. Vilsack, 628 F.3d 555 (D.C. Cir. 2010).
· cites it 3× “” 5 C.F.R. § 844.103 (a)(4). An official FERS handbook clarifies that a “ ‘[Reasonable accommodation’ is any action that [an] agency would be obligated to take under the Rehabilitation Act,” which protects federal employees from discrimination based on their disabilities.”
United States Ex Rel. Loughren v. Unum Grp., 613 F.3d 300 (1st Cir. 2010).
· cites it 2× “5 C.F.R. § 844.103 (a)(3). Though that provision suggests that FERS requirements for eligibility are more closely aligned with SSDI's eligibility requirements than Unum's, it does not change our conclusion.”
Frank E. Marino v. Off. of Pers. Mgmt., 243 F.3d 1375 (Fed. Cir. 2001).
· cites it 2× “” 5 C.F.R. § 844.103 . Accommodation is defined as “a reasonable adjustment made to an employee’s job or work environment that enables the employee to perform the duties of the position.”
Robert H. Lary, Jr. v. United States Postal Serv., 472 F.3d 1363 (Fed. Cir. 2006).
· cites it 2× “The USPS thus agreed to provide Lary, in the documents, with the statements necessary for Lary to meet the eligibility re *1366 quirements of 5 C.F.R. § 844.103 , including that the applicant was being removed for medical reasons; that accommodation efforts had been futile; that…”
Szejner v. Off. of Pers. Mgmt., 167 F. App'x 217 (Fed. Cir. 2006).
“§ 8451 (a)(1); 5 C.F.R. § 844.103 (a)(2)). The Board then explained that because the SSA disability determination was for a time period beginning after Mr.”
Solomon v. Vilsack, 656 F. Supp. 2d 55 (D.D.C. 2009).
· cites it 3× “The Office of Personnel Management (“OPM”), the agency responsible for administering *60 FERS, has promulgated implementing regulations providing that FERS disability benefits are only available if “[ajccommo-dation of the disabling medical condition in the position held [is]…”
Perez v. Colvin, 214 F. Supp. 3d 1200 (N.D. Ala. 2016).
“” 5 C.F.R. § 844.103 (a)(4). Whether accommodation "in the position held” is possible or unreasonable is certified by the employing agency on a standard form, "Agency Certification of Reassignment and Accommodation Efforts.”
Black v. Off. of Pers. Mgmt., 250 F. App'x 343 (Fed. Cir. 2007).
“” 5 C.F.R. § 844.103 (a)(2). It was therefore proper for the Board to *346 consider Mr.”
Michael Carroll v. Off. of Pers. Mgmt. (MSPB 2024).
· cites it 5× “In making its decision, OPM will review the disability retirement application and its supporting documentation to determine whether the applicant meets the eligibility criteria of 5 C.F.R. § 844.103 . 2 Prior to that rescission, OPM took an overpayment action against the…”
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