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 C—Computation of Disability Annuity

5 C.F.R. § 844.301

Commencing date of disability annuity

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A disability annuity under this part commences on the day after the employee separates or the day after pay ceases and the employee meets the requirements for title to an annuity.

Notes of Decisions
Cited in 12 cases (7 in the last 5 years), 2002–2025 · leading case: Yahle v. Off. of Pers. Mgmt., 31 F. App'x 639 (Fed. Cir. 2002).
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Yahle v. Off. of Pers. Mgmt., 31 F. App'x 639 (Fed. Cir. 2002). “” 5 C.F.R. § 844.301 . In short, annuitants (like Yahle) have the amount of their annuity calculated by using the years of basic pay that they were earning when, indeed, they were still working as an active “employee.”
Lua v. Off. of Pers. Mgmt., 634 F. App'x 299 (Fed. Cir. 2015). “” 5 C.F.R. § 844.301 (emphasis added). Accordingly, we agree with the government that the regulations expressly authorize beginning Lua’s annuity on January 27, 2000, the day after her pay ceased.”
Michael Carroll v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 2× “5 C.F.R. § 844.301 (b)-(c). Therefore, OPM’s insistence that the appellant’s disability retirement application be based on his subsequent separation from a lower-paid position would deprive him of a benefit that the FERS disability retirement regulations were meant to protect.”
Michelle Mattox v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 2× “; see 5 C.F.R. § 844.301 (providing that a FERS disability annuity commences on the day after the employee separates or the day after pay ceases and the employee meets the requirements for a disability annuity).”
Doreen Kingsley v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 2× “; IAF, Tab 5 at 179-81; see 5 C.F.R. §§ 844.301 , 844.302(b)(1), (c)(1).”
Henderson v. MSPB (Fed. Cir. 2021). “” 5 C.F.R. § 844.301 . If the recipient is younger than 62 years old, the rate of the annuity is computed according to rules established by OPM.”
Henderson v. MSPB (Fed. Cir. 2021). “” 5 C.F.R. § 844.301 . If the recipient is younger than 62 years old, the rate of the annuity is computed according to rules established by OPM.”
Rainey v. United States (Fed. Cl. 2023). “” 5 C.F.R. § 844.301 . Therefore, Rainey’s disability annuity qualifies as an “immediate annuity.”
Garner v. United States (Fed. Cl. 2025). “2202 and 5 CFR § 844.301 ); (2) the Back Pay Act, 5 U.”
Steven C. Collins, II v. Off. of Pers. Mgmt. (MSPB 2014). “301 , explicitly provide that a disability retirement annuity commences on the day after the employee is separated from service or the day after his pay ceases and he meets the requirement for an annuity. See Widmer v.”
Steven C. Collins, II v. Off. of Pers. Mgmt. (MSPB 2014). “301 , explicitly provide that a disability retirement annuity commences on the day after the employee is separated from service or the day after his pay ceases and he meets the requirement for an annuity. See Widmer v.”
Rodney Haith v. Dep't of Vets. Affairs (MSPB 2015). “” See 5 C.F.R. § 844.301 . Accordingly, if his application is granted, his annuity will include any retroactive pay he is entitled to and will eliminate any loss of funds stemming from the agency’s actions.”
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