Title 5 — Government Organization and EmployeesRelease 119-73

§8451 Disability retirement

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart G— - Insurance and Annuities › Chapter CHAPTER 84— - FEDERAL EMPLOYEES’ RETIREMENT SYSTEM › Subchapter SUBCHAPTER V— - DISABILITY BENEFITS › § 8451

Last updated Apr 6, 2026|Official source

Summary

An employee with at least 18 months of civilian service under section 8411 can be retired for disability if the Office finds the employee, because of disease or injury, cannot do useful and efficient work in their job. A worker is not eligible if they turned down a reasonable offer to move to a vacant job in their agency that is the same or higher grade/pay, is in their commuting area, and is a job they could do. Agencies must try to place employees seeking disability retirement into such vacancies under rules the Office makes. If an agency says the employee can do useful work in a job they refused, the employee may appeal that decision to the Merit Systems Protection Board under section 7701. Postal Service workers are not considered qualified for reassignment if the job is in a different craft or would violate a collective-bargaining agreement. A Member with at least 18 months of service who the Office finds unable to perform useful and efficient service because of disease or injury can be retired on their own application. Anyone retiring under these rules gets an annuity calculated under section 8452.

Full Legal Text

Title 5, §8451

Government Organization and Employees — Source: USLM XML via OLRC

(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.

Reference

Citations & Metadata

Citation

5 U.S.C. § 8451

Title 5 — Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73