---
kind: "section"
citation: "5 U.S.C. § 8451"
title: "5"
title_heading: "Government Organization and Employees"
number: "8451"
heading: "Disability retirement"
release: "119-102"
url: "https://uscodex.org/usc/5/8451"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 84 — Federal Employees’ Retirement System"
  - "Subchapter V — Disability Benefits"
---

# §8451. Disability retirement

- (a)
  - (1)
    - (A) An [employee](/usc/5/8401.md?p=11) who completes at least 18 months of civilian [service](/usc/5/8401.md?p=26) creditable under [section 8411](/usc/5/8411.md) and has become disabled shall be retired on the [employee](/usc/5/8401.md?p=11)’s own application or on application by the [employee](/usc/5/8401.md?p=11)’s [agency](/usc/5/500.md?p=a-1).
    - (B) For purposes of this subsection, an [employee](/usc/5/8401.md?p=11) shall be considered disabled only if the [employee](/usc/5/8401.md?p=11) is found by the [Office](/usc/5/8401.md?p=24) to be unable, because of disease or injury, to render useful and efficient [service](/usc/5/8401.md?p=26) in the [employee](/usc/5/8401.md?p=11)’s [position](/usc/5/5531.md?p=2).
  - (2)
    - (A) Notwithstanding [paragraph (1)](#a-1), an [employee](/usc/5/8401.md?p=11) shall not be eligible for disability retirement under this section if the [employee](/usc/5/8401.md?p=11) has declined a reasonable offer of reassignment to a vacant [position](/usc/5/5531.md?p=2) in the [employee](/usc/5/8401.md?p=11)’s [agency](/usc/5/500.md?p=a-1) for which the [employee](/usc/5/8401.md?p=11) is qualified if the [position](/usc/5/5531.md?p=2)—
      - (i) is at the same grade (or pay level) as the [employee](/usc/5/8401.md?p=11)’s most recent grade (or pay level) or higher;
      - (ii) is within the [employee](/usc/5/8401.md?p=11)’s commuting area; and
      - (iii) is one in which the [employee](/usc/5/8401.md?p=11) would be able to render useful and efficient [service](/usc/5/8401.md?p=26).
    - (B) An [employee](/usc/5/8401.md?p=11) who is applying for disability retirement under this subchapter shall be considered for reassignment by the [employee](/usc/5/8401.md?p=11)’s [agency](/usc/5/500.md?p=a-1) to a vacant [position](/usc/5/5531.md?p=2) described in [subparagraph (A)](#a-2-A) in accordance with such procedures as the [Office](/usc/5/8401.md?p=24) shall by regulation prescribe.
    - (C) An [employee](/usc/5/8401.md?p=11) is entitled to appeal to the Merit [Systems](/usc/5/8401.md?p=29) Protection [Board](/usc/5/8401.md?p=5) under [section 7701](/usc/5/7701.md) any determination that the [employee](/usc/5/8401.md?p=11) is not unable, because of disease or injury, to render useful and efficient [service](/usc/5/8401.md?p=26) in a [position](/usc/5/5531.md?p=2) to which the [employee](/usc/5/8401.md?p=11) has declined reassignment under this section.
    - (D) For purposes of [subparagraph (A)](#a-2-A), an [employee](/usc/5/8401.md?p=11) of the United States Postal [Service](/usc/5/8401.md?p=26) shall not be considered qualified for a [position](/usc/5/5531.md?p=2) if such [position](/usc/5/5531.md?p=2) is in a different craft or if reassignment to such [position](/usc/5/5531.md?p=2) would be inconsistent with the terms of a collective-bargaining agreement covering the [employee](/usc/5/8401.md?p=11).
- (b) A [Member](/usc/5/8401.md?p=20) who completes at least 18 months of [service](/usc/5/8401.md?p=26) as a [Member](/usc/5/8401.md?p=20) and is found by the [Office](/usc/5/8401.md?p=24) to be disabled for useful and efficient [service](/usc/5/8401.md?p=26) as a [Member](/usc/5/8401.md?p=20) because of disease or injury shall be retired on the [Member](/usc/5/8401.md?p=20)’s own application.
- (c) An [employee](/usc/5/8401.md?p=11) or [Member](/usc/5/8401.md?p=20) retiring under this section is entitled to an annuity computed under [section 8452](/usc/5/8452.md).

## Source credit

(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 565.)