[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR844.103]

[Page 346-347]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 844_FEDERAL EMPLOYEES' RETIREMENT SYSTEM_DISABILITY RETIREMENT--
Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 844.103  Eligibility.

    (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 Sec. 
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 is no 
such deficiency, the disabling medical condition must be incompatible 
with either useful and efficient service or retention in the position;

[[Page 347]]

    (3) The disabling medical condition must be expected to continue for 
at least 1 year from the date the application for disability retirement 
is filed;
    (4) Accommodation of the disabling medical condition in the position 
held must be unreasonable; and
    (5) The individual must not have declined an offer of reassignment 
to a vacant position.
    (b) The employing agency must consider a disability applicant for 
reassignment to any vacant position. The agency must certify to the 
Office of Personnel Management (OPM) either that there is no vacant 
position or that, although it made no offer of reassignment, it 
considered the individual for a vacant position. If an agency offers a 
reassignment and the individual declines the offer, the individual may 
appeal the agency's determination that the individual is not disabled 
for the position in question to the Merit Systems Protection Board under 
5 U.S.C. 7701.
    (c)(1) Paragraphs (a)(2) through (a)(4) of this section do not apply 
to a military reserve technician who retires under 5 U.S.C. 8456.
    (2) An individual who separates from employment as a military 
reserve technician under circumstances set forth in 5 U.S.C. 8456(a)(1) 
after reaching age 50 and completing 25 years of service is not entitled 
to a disability annuity under this part, but is entitled to an annuity 
under Sec. 842.210 of this chapter.
    (3) A former military reserve technician is not entitled to an 
annuity under 5 U.S.C. 8456 based on service as a technician if the 
technician is subsequently appointed to another position in the Federal 
Government.