
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8451]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
            CHAPTER 84--FEDERAL EMPLOYEES' RETIREMENT SYSTEM
 
                    SUBCHAPTER V--DISABILITY BENEFITS
 
Sec. 8451. Disability retirement

    (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, Sec. 101(a), June 6, 1986, 100 Stat. 
565.)

                  Section Referred to in Other Sections

    This section is referred to in sections 8456, 8461, 8464 of this 
title; title 38 sections 7426, 7438.
