U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart G— Insurance and Annuities › Chapter CHAPTER 84— FEDERAL EMPLOYEES’ RETIREMENT SYSTEM › Subchapter SUBCHAPTER V— DISABILITY BENEFITS

5 U.S.C. § 8451

Disability retirement

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(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 employee’s own application or on application by the employee’s 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 employee’s 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 employee’s agency for which the employee is qualified if the position—(i) is at the same grade (or pay level) as the employee’s most recent grade (or pay level) or higher;(ii) is within the employee’s 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 employee’s 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 Member’s own application.(c) An employee or Member retiring under this section is entitled to an annuity computed under section 8452.(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 565.)
Notes of Decisions
Cited in 104 cases (53 in the last 5 years), 1995–2026 · leading case: William A. Anthony v. Office of Personnel Management
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William A. Anthony v. Office of Personnel Management (1995) cafc · cites it 5× “5 U.S.C. §§ 8451 (a)(1)(A), 8451(c). However, the statute provides that an employee will not be eligible for such disability retirement if the employee “has declined a reasonable offer of reassignment to a vacant position in the employee’s agency for which the employee is…”
Gooden v. Office of Personnel Management (2006) cafc · cites it 8× “at 6-7 (citing 5 U.S.C. § 8451 ; 5 C.F.R. § 844.103 (a); Wilkey-Marzin v.”
Thomas N. Trevan v. Office of Personnel Management (1995) cafc · cites it 4× “514, 516, codified as amended at 5 U.S.C. § 8451 , for the purpose of determining entitlement to a FERS disability annuity.”
Solomon v. Vilsack (2010) cadc · cites it 2× “” 5 U.S.C. § 8451 (a)(1)(A)-(B). Under Office of Personnel Management (OPM) regulations, employees are eligible for the benefits only if accommodating their disabilities would be “unreasonable.”
Wayne B. Harris v. Department of Veterans Affairs (1998) cafc “Harris arises under 5 U.S.C. § 8451 (a)(1)(A) (1994), which authorizes the agency to file a disability retirement application for an employee.”
Szejner v. Office of Personnel Management (2006) cafc “at 7 (citing 5 U.S.C. § 8451 (a)(1); 5 C.F.R. § 844.103 (a)(2)).”
United States Ex Rel. Loughren v. Unum Group (2010) ca1 “An individual can receive FERS benefits without meeting a definition of disability as stringent as SSDI's "any occupation” standard, see 5 U.S.C. §§ 8451 (a)(1)(B), 8451(a)(2)(A), 5 C.”
People v. Hamilton (2018) calctapp5d “) In an amicus brief, the San Diego County District Attorney (District Attorney) disagrees with the People's concession that insufficient evidence supports Hamilton's conviction under Insurance Code section 1871.”
Gonzagowski v. Widnall (1997) ca10 “§ 8337 or 5 U.S.C. § 8451 .... 29 C.F.R. § 1614.203 (g) (emphasis added).”
Bennett v. Henderson (1998) ksd “§ 8337 or 5 U.S.C. § 8451 . In addition § 1614.203(g) imposes an obligation on the federal employer to offer reassignment, unless the employer has already posted the position as available: If the agency has already posted a notice or announcement seeking applications for a…”
Solomon v. Vilsack (2009) dcd “” See 5 U.S.C. § 8451 (a)(1). 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…”
Yahle v. Office of Personnel Management (2002) cafc · cites it 2× “5 U.S.C. § 8451 (a)(1)(A). The more months worked, however, the more an employee who qualifies for these benefits will actually receive in terms of monthly payments.”
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