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Federal law — U.S. Code and appendices · legal_authorities
<a id="section-8461"></a>
Source: U.S. Code supplied Markdown snapshot · 5 U.S.C. § 8457
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Stable record: federal_law:legal_authorities:record_usc_c2a90e23b4164c7231b4652a
Source file: Laws/federal/codes/united-states-code/title-5/section-8457-renumbered-8456--06588c4125.md
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Source location: Laws/federal/codes/united-states-code/title-5/section-8457-renumbered-8456--06588c4125.md#record-record-usc-c2a90e23b4164c7231b4652a
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section942/c&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8337
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** (1) Except as provided in paragraph (2) or (3), an individual shall be retired under this subchapter if the individual— (A) is separated from employment as a military reserve technician by reason of a disability that disqualifies the individual from membership in a reserve component of the Armed Forces specified in [section 10101 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10101&num=0&edition=prelim) or from holding the military grade required for such employment; (B) is not considered to be disabled under section 8451(a)(1)(B); (C) is not appointed to a position in the Government (whether under subsection (b) or otherwise); and (D) has not declined an offer of an appointment to a position in the Government under subsection (b). (2) Payment of any annuity for an individual pursuant to this section terminates— (A) on the date the individual is appointed to a position in the Government (whether pursuant to subsection (b) or otherwise); (B) on the date the individual declines an offer of appointment to a position in the Government under subsection (b); or (C) as provided under section 8455(a). (3) An individual eligible to retire under section 8414(c) shall not be eligible to retire under this section. **(b)** Any individual applying for or receiving any annuity pursuant to this section shall, in accordance with regulations prescribed by the Office, be considered by any agency of the Government before any vacant position in the agency is filled if— (1) the position is located within the commuting area of the individual’s former position; (2) the individual is qualified to serve in such position, as determined by the head of the agency; and (3) the position is at the same grade or equivalent le
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8456
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Federal law — U.S. Code and appendices · legal_authorities
Page 1181 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8461 come of the annuitant from wages or self-em- ployment or both equals at least 80 percent of the current rate of pay of the position occupied immediately before retirement. (b)(1) If an annuitant whose annuity is termi- nated under subsection (a) is not reemployed in a position in which that individual is subject to this chapter, such individual is deemed, except for service credit, to have been involuntarily separated from the service for the purpose of subchapter II of this chapter as of the date of termination of the disability annuity, and after that termination is entitled to annuity under the applicable provisions of such subchapter. (2) If an annuitant whose annuity is termi- nated under subsection (a)(2)— (A) is not reemployed in a position subject to this chapter; and (B) has not recovered from the disability for which that individual was retired; the annuity of such individual shall be restored at the applicable rate under section 8452 effec- tive the first of the year following any calendar year in which such individual’s income from wages or self-employment or both is less than 80 percent of the current rate of pay of the position occupied immediately before retirement. (3) If an annuitant whose annuity is termi- nated because of a medical finding that the indi- vidual has recovered from disability is not reem- ployed in a position in which such individual is subject to this chapter, the annuity of such indi- vidual shall be restored at the applicable rate under section 8452 effective from the date on which the Office determines that there has been a recurrence of the disability. (4) Paragraphs (2) and (3) shall not apply in the case of an annuitant receiving an annuity
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 8457
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