Title 5, Government Organization and EmployeesRelease 119-102

§8451 Disability Retirement

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

Last updated Aug 21, 2026|Official source

Summary

Employees with at least 18 months of civilian service creditable under section 8411 who the Office finds cannot do useful and efficient work because of disease or injury must be retired if they ask or if their agency asks for them. A worker is not eligible if they turned down a reasonable offer to move to a vacant job in their agency for which they are qualified, that is at the same or higher grade/pay, is within their commuting area, and is one they could do. Agencies must try to reassign applicants under rules the Office sets. If an agency says the worker can do the reassigned job, the worker can appeal to the Merit Systems Protection Board under section 7701. Postal employees are not treated as qualified for a job in a different craft or if reassignment would break a collective-bargaining agreement. A Member with at least 18 months of service who the Office finds unable to do Member duties because of disease or injury must be retired if they apply. Anyone retired 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

Aug 21, 2026

Release point: 119-102