Federal Employee Disability Retirement Law

Category: US Codes Applicable to Disability Retirement for Federal Employees

5 USC § 8337 Disability Retirement (CSRS)

5 U.S.C. § 8337. Disability retirement (CSRS) Title 5 – Part 3 – Chapter 83 – Retirement III: Civil Service Retirement For the purpose of this subchapter: (1) “employee” means– (A) an employee as defined by section 2105 of this title; (B) the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden; (C) a Congressional employee as defined by section 2107 of this title (other than the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden), after he gives notice

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5 USC § 8451 Disability Retirement (FERS)

5 U.S.C. § 8451. Disability Retirement Title 5 – Part 3 – Chapter 84: Federal Employees’ Retirement System (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

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5 USC § 8452 Computation of disability annuity (FERS)

5 U.S.C. § 8452 Computation of Disability Annuity Title 5 – Part 3 – Chapter 84: Federal Employees’ Retirement System (a)(1)(A) Except as provided in paragraph (2), or subsection (b), (c), or (d), the annuity of an annuitant under this subchapter– (i) for the period beginning on the date on which such annuity commences, or is restored (as described in section 8455(b)(2) or (3)), and ending at the end of the twelfth month beginning on or after such date, shall be equal to 60 percent of the annuitant’s average pay; and (ii) after the end of the period referred to

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5 USC § 8453 Application (FERS)

5 U.S.C. § 8453. Application Title 5 – Part 3 – Chapter 84: Federal Employees’ Retirement System A claim may be allowed under this subchapter only if application is filed with the Office before the employee or Member is separated from the service or within 1 year thereafter. This time limitation may be waived by the Office for an employee or Member who, at the date of separation from service or within 1 year thereafter, is mentally incompetent if the application is filed with the Office within 1 year from the date of restoration of the employee or Member to

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5 USC § 8454 Medical Examination (FERS)

5 U.S.C. § 8454. Medical Examination Title 5 – Part 3 – Chapter 84: Federal Employees’ Retirement System An annuitant receiving a disability retirement annuity from the Fund shall be examined under the direction of the Office– (1) at the end of 1 year from the date of the disability retirement; and (2) annually thereafter until becoming 60 years of age; unless the disability is permanent in character. If the annuitant fails to submit to examination as required by this section, payment of the annuity shall be suspended until continuance of the disability is satisfactorily established. (Added Pub. L. 99-335,

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5 USC § 8455 Recovery; Restoration of Earning Capacity (FERS)

5 U.S.C. § 8455. Recovery; Restoration Of Earning Capacity Title 5 – Part 3 – Chapter 84: Federal Employees’ Retirement System (a)(1) If an annuitant receiving a disability retirement annuity from the Fund recovers from the disability before becoming 60 years of age, payment of the annuity terminates on reemployment by the Government or 1 year after the date on which the Office determines that the annuitant has recovered, which ever is earlier. (2) If an annuitant receiving a disability annuity from the Fund, before becoming 60 years of age, is restored to an earning capacity fairly comparable to the

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