Federal Employee Disability Retirement Law

Category: Part 844 — Federal Employees’ Retirement System (FERS): Disability Retirement

FERS: §844.101 Purpose

§844.101 Purpose Title 5 – Part 844:  Federal Employees’ Retirement System (FERS) Disability Retirement: Subpart A – General Provisions This part establishes the requirements under the Federal Employees’ Retirement System (FERS) for eligibility to receive a disability annuity, application procedures for disability annuities, rules for computing a disability annuity, and the conditions and procedures under which a disability annuity is terminated and reinstated.   <– Prev | US Code Home | Next –>

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FERS: §844.102 Definitions

§844.102 Definitions Title 5 – Part 844:  Federal Employees’ Retirement System (FERS) Disability Retirement: Subpart A – General Provisions In this part: Accommodation means a reasonable adjustment made to an employee’s job or work environment that enables the employee to perform the duties of the position. 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 retraining the employee. Basic pay means the pay an employee receives that is subject to deductions under FERS. Commuting area has the meaning given the term “local commuting

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FERS: §844.103 Eligibility

§844.103 Eligibility Title 5 – Part 844:  Federal Employees’ Retirement System (FERS) Disability Retirement: Subpart A – General Provisions (a) Except as provided in paragraph (c) of this section, an individual must meet the following requirements in order to receive a disability annuity: (1) The individual must have completed at least 18 months of civilian service that is creditable under FERS, as defined in §842.304 of this chapter; (2) The individual must, while employed in a position subject to FERS, have become disabled because of a medical condition, resulting in a deficiency in performance, conduct, or attendance, or if there

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FERS: §844.104 Administrative Review of OPM Decisions

§844.104 Administrative Review of OPM Decisions Title 5 – Part 844:  Federal Employees’ Retirement System (FERS) Disability Retirement: Subpart A – General Provisions Any individual whose rights or interests under FERS are affected by an initial decision of OPM may request OPM to review its decision under §841.306.   <– Prev | US Code Home | Next –>

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FERS: §844.105 Relationship To Workers’ Compensation

844.105 Relationship To Workers’ Compensation Title 5 – Part 844:  Federal Employees’ Retirement System (FERS) Disability Retirement: Subpart A – General Provisions (a) Except as provided in paragraph (b) of this section, an individual who is eligible for both an annuity under part 842 or 844 of this chapter and compensation for injury or disability under subchapter I of chapter 81 of title 5, United States Code (other than a scheduled award under 5 U.S.C. 8107(c)), covering the same period of time must elect to receive either the annuity or compensation. (b) Notwithstanding the provisions of paragraph (a) of this

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FERS: §844.106 Disability Annuities Which Include Credit for Service With a Nonappropriated Fund Instrumentality

§844.106 Disability Annuities Which Include Credit For Service With A Nonappropriated Fund Instrumentality Title 5 – Part 844:  Federal Employees’ Retirement System (FERS) Disability Retirement: Subpart A – General Provisions A disability annuity that includes credit for service with a nonappropriated fund instrumentality performed after December 31, 1965, based on an election under 5 CFR part 847, subpart D, is computed under 5 CFR part 847, subpart F. [68 FR 2178, Jan. 16, 2003]   <– Prev | US Code Home | Next (b) –>

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FERS: §844.201 General Requirements

844.201 General Requirements Title 5 – Part 844:  Federal Employees’ Retirement System (FERS) Disability Retirement: Subpart B – Applications for Disability Retirement (a)(1) Except as provided in paragraphs (a)(3) and (a)(4) 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. (2) 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,

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FERS: §844.202 Agency-Filed Disability Retirement Applications

§844.202 Agency-Filed Disability Retirement Applications Title 5 – Part 844:  Federal Employees’ Retirement System (FERS) Disability Retirement: Subpart B – Applications for Disability Retirement (a) Basis for filing an application for an employee. An agency must file an application for disability retirement of an employee who has 18 months of Federal civilian 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,

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FERS: §844.203 Supporting Documentation

§844.203 Supporting Documentation Title 5 – Part 844:  Federal Employees’ Retirement System (FERS) Disability Retirement: Subpart B – Applications for Disability Retirement (a) An individual or agency filing an application for disability retirement is responsible for providing OPM with the evidence described in §844.201(b)(1), as well as whatever documentation OPM requires in order to determine whether the individual meets the eligibility requirements set forth in §844.103. The documentation must be provided in a form prescribed by OPM. Failure to sumbit the documentation required is grounds for dismissing the application. It is also the responsibility of the disability annuitant to obtain

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FERS: §844.301 Commencing Date of Disability Annuity

§844.301 Commencing Date Of Disability Annuity Title 5 – Part 844:  Federal Employees’ Retirement System (FERS) Disability Retirement: Subpart C – Computation of Disability Annuity A disability annuity under this part commences on the day after the employee separates or the day after pay ceases and the employee meets the requirements for title to an annuity.   <– Prev | US Code Home | Next –>

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