Federal Employee Disability Retirement Law

Category: OPM Regulations Applicable to Federal Disability Retirement

CSRS: § 831.1201 Introduction

§ 831.1201 Introduction Title 5 – Part 831 L: Disability Retirement (CSRS) This subpart sets out the requirements an employee must meet to qualify for disability retirement, how an employee applies for disability retirement, how an agency applies for disability retirement for an employee, when a disability annuity ends, an individual’s retirement rights after the disability annuity ends, and the effect of reemployment in the Federal service on a disability annuitant.   <– Prev | US Code Home | Next –>

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CSRS: §831.1202 Definitions

§831.1202 Definitions Title 5 – Part 831 L: Disability Retirement (CSRS) As used in this subpart- Accommodation means an adjustment made to an employee’s job or work environment that enables the employee to perform the duties of the position. Reasonable accommodation may include modifying the worksite; adjusting the work schedule; restructuring the job; obtaining or modifying equipment or devices; providing interpreters, readers, or personal assistants; and reassigning or retraining the employee. Basic pay means the pay an employee receives that is subject to civil service retirement deductions. The definition is the same as the definition of “basic pay” under 5 U.S.C. 8331(3).

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CSRS: §831.1203 Basic Requirements For Disability Retirement

§831.1203 Basic Requirements For Disability Retirement Title 5 – Part 831 L: Disability Retirement (CSRS) (a) Except as provided in paragraph (b) of this section, the following conditions must be met for an individual to be eligible for disability retirement: (1) The individual must have completed at least 5 years of civilian service that is creditable under the Civil Service Retirement System. (2) The individual must, while employed in a position subject to the Civil Service Retirement System, have become disabled because of a medical condition, resulting in a service deficiency in performance, conduct, or attendance, or if there is

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CSRS: §831.1204 Filing Disability Retirement Applications: General

§831.1204 Filing Disability Retirement Applications: General Title 5 – Part 831 L: Disability Retirement (CSRS) (a) Except as provided in paragraphs (c) and (d) of this section, an application for disability retirement is timely only if it is filed with the employing agency before the employee or Member separates from service, or with the former employing agency or OPM within 1 year thereafter. (b) An application for disability retirement that is filed with OPM, an employing agency or former employing agency by personal delivery is considered filed on the date on which OPM, the employing agency or former employing agency

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CSRS: §831.1205 Agency-Filed Disability Retirement Applications

§831.1205 Agency-Filed Disability Retirement Applications Title 5 – Part 831 L: Disability Retirement (CSRS) (a) Basis for filing an application for an employee. An agency must file an application for disability retirement of an employee who has 5 years of civilian Federal service when all of the following conditions are met: (1) The agency has issued a decision to remove the employee; (2) The agency concludes, after its review of medical documentation, that the cause for unacceptable performance, attendance, or conduct is disease or injury; (3) The employee is institutionalized, or the agency concludes , based on a review of

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CSRS: §831.1206 Evidence Supporting Entitlement To Disability Benefits

§831.1206 Evidence Supporting Entitlement To Disability Benefits Title 5 – Part 831 L: Disability Retirement (CSRS) (a) Evidence to support disability retirement application. (1) Before OPM determines whether an individual meets the basic requirements for disability retirement under §831.1203, an applicant for disability retirement or the employing agency must submit to OPM the following forms included in Standard Form 2824, “Documentation in Support of Disability Retirement Application:” (i) Standard Form 2824A-“Applicant’s Statement;” (ii) Standard Form 2824B-“Supervisor’s Statement;” (iii) Standard Form 2824D-“Agency Certification or Reassignment and Accommodation Efforts;” and (iv) Standard Form 2824E-“Disability Retirement Application Checklist.” (2) Standard Form 2824C-“Physician’s Statement”

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CSRS: §831.1207 Withdrawal Of Disability Retirement Applications

§831.1207 Withdrawal Of Disability Retirement Applications Title 5 – Part 831 L: Disability Retirement (CSRS) (a) OPM will honor, without question, an applicant’s request to withdraw an employee-filed disability retirement application if it receives the withdrawal request before the employing agency has separated the current employee, or, if the employee has already separated from the service, the withdrawal request is received before the official notice of approval has been issued by OPM. Similarly, OPM will honor, without question, an agency’s request to withdraw an agency-filed disability retirement application if it receives the withdrawal request before the employee has separated from

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CSRS: §831.1208 Termination Of Disability Annuity Because Of Recovery

§831.1208 Termination Of Disability Annuity Because Of Recovery Title 5 – Part 831 L: Disability Retirement (CSRS) (a) Each annuitant receiving disability annuity from the Fund shall be examined under the direction of OPM at the end of 1 year from the date of disability retirement and annually thereafter until the annuitant becomes 60 years of age unless the disability is found by OPM to be permanent in character. OPM may order a medical or other examination at any time to determine the facts relative to the nature and degree of disability of the annuitant. Failure to submit to reexamination

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CSRS: §831.1209 Termination Of Disability Annuity Because Of Restoration To Earning Capacity

§831.1209 Termination Of Disability Annuity Because Of Restoration To Earning Capacity Title 5 – Part 831 L: Disability Retirement (CSRS) (a) Restoration to earning capacity. If a disability annuitant is under age 60 on December 31 of any calendar year and his or her income from wages or self-employment or both during that calendar year equal at least 80 percent of the current rate of basic pay of the position occupied immediately before retirement, the annuitant’s earning capacity is considered to be restored. The disability annuity will terminate on the June 30 after the end of the calendar year in

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CSRS: §831.1210 Annuity Rights After A Disability Annuity Terminates

§831.1210 Annuity Rights After A Disability Annuity Terminates Title 5 – Part 831 L: Disability Retirement (CSRS) (a) An individual is entitled to an immediate annuity when the disability annuity stops because of recovery or restoration to earning capacity if the individual is not reemployed in a position subject to civil service retirement coverage and- (1) Is at least age 50 when the disability annuity stops and had 20 or more years of service at the time of retirement for disability; or (2) Had 25 or more years of service at the time of retirement for disability regardless of age.

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