5 C.F.R. § 844.302

Computation of disability annuity before age 62

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(a) For the purposes of this subpart, the “adjusted social security disability benefit” is the benefit to which an annuitant is entitled under section 223 of the Social Security Act:

(1) For the month in which the annuity under this part commences, or is reinstated under § 844.405, or, if later, the first month for which the annuitant is entitled to both an annuity under this part and a social security disability benefit;

(2) Including, where appropriate, a reduction under section 224 of the Social Security Act, based on the amount of the disability annuity under this subpart without regard to paragraphs (b)(2) and (c)(2) of this section; and

(3) Adjusted by each cost-of-living increase effective under 5 U.S.C. 8462(b) beginning with the later of the month after the 12-month period referred to in paragraph (b)(1) of this section, or the first month for which the annuitant is entitled to both an annuity under this part and a social security disability benefit.

(b)(1) Except as otherwise provided in this part, the annuity payable under this subpart until the end of the 12th month beginning after the annuity commences (or is reinstated under § 844.405) is equal to 60 percent of the annuitant's average pay.

(2) For months for which the annuitant is also entitled to a social security disability benefit, the amount computed under paragraph (b)(1) of this section is reduced by 100 percent of the annuitant's adjusted social security disability benefit.

(c)(1) Except as otherwise provided in this part, the annuity under this subpart after the period described in paragraph (b)(1) of this section is equal to 40 percent of the annuitant's average pay.

(2) For months after the period described in paragraph (b)(1) of this section for which the annuitant is also entitled to a social security disability benefit, the amount computed under paragraph (c)(1) of this section is reduced by 60 percent of the annuitant's adjusted social security disability benefit.

(d) For months in which an annuity is reduced under paragraph (b) or (c) of this section, any reduction for survivor benefits is made after the reduction for social security benefits.

Notes of Decisions

Cited in 10 cases (7 in the last 5 years), 1998–2025 · leading case: Wayne B. Harris v. Dep't of Vets. Affairs, 142 F.3d 1463 (Fed. Cir. 1998).

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Wayne B. Harris v. Dep't of Vets. Affairs, 142 F.3d 1463 (Fed. Cir. 1998). “See 5 C.F.R. § 844.302 ; Federal Employees’ Retirement System — Disability Retirement, 53 Fed.”

Mark S. Hunter v. Off. of Pers. Mgmt. (MSPB 2016). · cites it 2× “During the first 12 months after a FERS annuity commences, the FERS annuity is reduced by 100% of the Social Security disability benefit to which the annuitant is entitled during that period; thereafter, the FERS annuity is reduced by 60% of the Social Security disability…”

Elroy Crocker Vs Robin Truman Crocker (Fla. 1st DCA 2023). · cites it 2× “§§ 8451 (c), 8452(a)(1)(A) (2019); 5 C.F.R. § 844.302 (2019). That amount, however, is reduced by 100% of the annuitant’s “assumed disability and he does not challenge the trial court’s distribution of those benefits on appeal.”

Patrick Bryant v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 2× “However, another regulatory provision, 5 C.F.R. § 844.302 , explicitly provides that, in computing the FERS disability annuity for individuals under the age of 62, social security disability insurance benefits shall be “[a]djusted by each cost-of-living increase effective under…”

Joseph W. Fairfield v. Off. of Pers. Mgmt. (MSPB 2016). “§ 8452 (a)(2)(A) (referencing a requirement for a reduction in an annuitant’s FERS disability annuity benefit for a month in which the appellant is “entitled both” to a FERS disability retirement annuity and SSA disability benefits); 5 C.F.R. § 844.302 (b)(2), (c)(2)…”

Chara Cordova v. Off. of Pers. Mgmt. (MSPB 2023). “1996) (Table); 5 C.F.R. § 844.302 . Thus, the dispositive issue in this matter is whether the appellant is entitled to a waiver of the overpayment.”

Cambra Lucas v. Off. of Pers. Mgmt. (MSPB 2023). “562 , ¶ 5 (2004); 5 C.F.R. § 844.302 (c)(2); IAF, Tab 10 at 7-10.”

Dwight Shimoda v. Off. of Pers. Mgmt. (MSPB 2024). “1996) (Table); 5 C.F.R. § 844.302 . Similarly, the appellant does not challenge, and we discern no basis to disturb, the administrative judge’s finding that the appellant was not without fault in creating the overpayment insofar as he failed to report his receipt of SSA benefits…”

Casarez v. Opm (Fed. Cir. 2025). “Casarez first argues that OPM’s calculated overpay- ment amount is incorrect and should be reduced because (1) the SSA benefit was reduced by workers’ compensation benefits that she never received, and (2) OPM improperly withheld the cost of her health insurance premiums from…”

Navarro v. Opm (Fed. Cir. 2025). “§ 8452 (a)(2); 5 C.F.R. §§ 844.302 (b)(2), (c)(2). OPM is required to prove, by a preponderance of the evidence, the existence and amount of a FERS disability annuity overpayment.”

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