Title 5 — Government Organization and EmployeesRelease 119-73not60

§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 Apr 3, 2026|Official source

Summary

If a federal employee has at least 18 months of civilian service creditable under section 8411 and the Office finds that disease or injury keeps them from doing useful and efficient work in their job, the employee can be retired when they ask or when their agency asks. A Member with at least 18 months of service who the Office finds unable to perform Member duties for the same reason may retire on their own request. An employee cannot get disability retirement if they refuse a reasonable offer to move to a vacant job in their agency that is the same grade or higher, within their commuting area, and that they could do. Agencies must try to reassign applicants under rules the Office creates. The employee may appeal to the Merit Systems Protection Board under section 7701 any finding that they can do useful work in a job they turned down. Postal workers are not treated as qualified for a job if it is in a different craft or would violate a collective-bargaining agreement. Retirement pay is figured 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 3, 2026

Release point: 119-73not60