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5 U.S.C. § 8453

Section 8453 · Application

Amended 1 time on record

Applied in 18 court decisions — leading case McLaughlin v. Office of Personnel Management (2004)

Most recently applied in Stussy v. Office of Personnel Management (October 2016)

How often courts cite this section

198619902000201020163099-335enacted · 1986 · 99-335McLaughlin v. Office of Personnel Managementleading · 2004 · McLaughlin v. Office of Personnel Management
citing decisions per year

Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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 competency or the appointment of a fiduciary, whichever is earlier.

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