[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR844.102]

[Page 338-339]
 
                    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. 844.102  Definitions.

    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 
area'' in Sec. 351.203 of this chapter.
    Disabled and disability means unable or inability, because of 
disease or injury, to render useful and efficient service in the 
employee's current position.
    FERS means the Federal Employees' Retirement System established 
under chapter 84 of title 5, United States Code.
    Medical condition means a health impairment resulting from a disease 
or injury, including a psychiatric disease. This is the same definition 
of ``medical condition'' that is found in Sec. 339.104 of this chapter.
    Medical documentation means a statement from a licensed physician, 
which may be supplemented by a statement from another appropriate 
practitioner, that provides information OPM considers necessary to 
determine an individual's entitlement to benefits under this part. Such 
a statement must meet the criteria set forth in Sec. 339.104 of this 
chapter.
    Military reserve technician has the same meaning given this term in 
5 U.S.C. 8401(30).
    OPM means the Office of Personnel Management.
    Permanent position means an appointment without time limitation.
    Physician and practitioner have the same meaning given these terms 
in Sec. 339.104 of this chapter.
    Qualified for reassignment means able to meet the minimum 
requirements for the grade and series of the vacant position in 
question.
    Same grade or pay level means, in regard to a vacant position within 
the same pay as the position the employee currently occupies, the same 
grade and an equivalent amount of basic pay. A position under a 
different pay system or schedule is at the same pay level if the 
representative rate, as defined in

[[Page 339]]

Sec. 532.401 of this chapter, equals the representative rate of the 
employee's current position.
    Useful and efficient service means acceptable performance of the 
critical or essential elements of the position; and satisfactory conduct 
and attendance.
    Vacant position means an unoccupied position of the same grade or 
pay level and tenure for which the employee is qualified for 
reassignment that is located in the same commuting area and, except in 
the case of a military reserve technician, is serviced by the same 
appointing authority of the employing agency. The vacant position must 
be full time, unless the employee's current position is less than full 
time, in which case the vacant position must have a work schedule of no 
less time than that of the current position. In the case of an employee 
of the United States Postal Service, a vacant position does not include 
a position in a different craft or a position to which reassignment 
would be inconsistent with the terms of a collective bargaining 
agreement covering the employee.