5 U.S.C. § 8337: Disability retirement

An employee who completes 5 years of civilian service and has become disabled shall be retired on the employee’s own application or on application by the employee’s agency. Any employee shall be considered to be disabled only if the employee is found by the Office of Personnel Management to be unable, because of disease or injury, to render useful and efficient service in the employee’s position and is not qualified for reassignment, under procedures prescribed by the Office, to a vacant position which is in the agency at the same grade or level and in which the employee would be able to render useful and efficient service. For the purpose of the preceding sentence, an employee of the United States Postal Service shall be considered not qualified for a reassignment described in that sentence if the reassignment is to a position in a different craft or is inconsistent with the terms of a collective bargaining agreement covering the employee. A judge of the United States Court of Appeals for the Armed Forces who completes 5 years of civilian service and who is found by the Office to be disabled for useful and efficient service as a judge of such court or who is removed for mental or physical disability under section 942(c) of title 10 shall be retired on the judge’s own application or upon such removal. A Member who completes 5 years of Member service 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. An annuity authorized by this section is computed under section 8339(g) of this title , unless the employee or Member is eligible for a higher annuity computed under section 8339(a) through (e), (n), (q), (r), or (s). A claim may be allowed under this section only if the 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 competency or the appointment of a fiduciary, whichever is earlier. at the end of 1 year from the date of the disability retirement; and annually thereafter until he becomes 60 years of age; If an annuitant receiving disability retirement annuity from the Fund, before becoming 60 years of age, recovers from his disability, payment of the annuity terminates on reemployment by the Government or 1 year after the date of the medical examination showing the recovery, whichever is earlier. If an annuitant receiving disability retirement annuity from the Fund, before becoming 60 years of age, is restored to an earning capacity fairly comparable to the current rate of pay of the position occupied at the time of retirement, payment of the annuity terminates on reemployment by the Government or 180 days after the end of the calendar year in which earning capacity is so restored, whichever is earlier. Earning capacity is deemed restored if in any calendar year the income of the annuitant from wages or self-employment or both equals at least 80 percent of the current rate of pay of the position occupied immediately before retirement. is not reemployed in a position in which he is subject to this subchapter; and has not recovered from the disability for which he was retired; an annuity under this subchapter, and compensation for injury to, or disability of, such individual under subchapter I of chapter 81, other than compensation payable under section 8107, An individual is not entitled to receive an annuity under this subchapter and a concurrent benefit under subchapter I of chapter 81 on account of the death of the same person. Paragraphs (1) and (2) do not bar the right of a claimant to the greater benefit conferred by either this subchapter or subchapter I of chapter 81. refund to the Department of Labor the amount representing the commuted compensation payments for the extended period; or authorize the deduction of the amount from the annuity. As used in this subsection, the term “technician” means an individual employed under section 709(a) of title 32 or section 10216 of title 10 who, as a condition of the employment, is required under section 709(b) of title 32 or section 10216 of title 10 , respectively, to be a member of the Selected Reserve. is separated from employment as a technician under section 709(e)(1) of title 32 or section 10216 of title 10 by reason of a disability that disqualifies the individual from membership in the Selected Reserve; is not considered to be disabled under the second sentence of subsection (a) of this section; is not appointed to a position in the Government (whether under paragraph (3) of this subsection or otherwise); and has not declined an offer of an appointment to a position in the Government under paragraph (3) of this subsection. on the date the individual is appointed to a position in the Government (whether pursuant to paragraph (3) of this subsection or otherwise); on the date the individual declines an offer of appointment to a position in the Government under paragraph (3); or as provided under subsection (d). the position is located within the commuting area of the individual’s former position; the individual is qualified to serve in such position, as determined by the head of the agency; and the position is at the same grade or equivalent level as the position from which the individual was separated under section 709(e)(1) of title 32 or section 10216 of title 10 . Except as provided in paragraph (2), the amendments made by this section [enacting section 8464a of this title , amending this section, renumbering section 8457 of this title as section 8456, and repealing former section 8456 of this title ] shall be effective as of January 1, 1987 , and shall apply with respect to benefits payable based on a death or disability occurring on or after that date. The amendment made by subsection (a)(1)(A) [amending this section] shall take effect on the date of the enactment of this Act [ Jan. 8, 1988 ] and shall apply with respect to benefits payable based on a death or disability occurring on or after that date.” Except as provided in paragraphs (2) and (3), the amendments made by subsections (a) and (b) [amending this section and section 8347 of this title ] shall take effective October 1, 1982 . The amendments made by paragraphs (1) and (2) of subsection (a) [amending this section] shall take effect with respect to income earned after December 31, 1982 . Subsection (h) of section 8337 of title 5 , United States Code (as added by subsection (a)) shall apply to any technician (as defined in paragraph (1) of such subsection (h)) who is separated from employment as a technician on or after October 1, 1982 . Such subsection (h) shall also apply to any technician separated from employment as a technician on or after December 31, 1979 , and before October 1, 1982 , if application therefor is made to the Office of Personnel Management within 12 months after the date of the enactment of this Act [ Sept. 8, 1982 ]. Any annuity resulting from such application shall commence as of the day after the date such application is received by the Office.”