except an appointment made under section 3311 of title 39. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 427.) § 3364. Promotion; substitute employees in the postal field service When substitute employees in the postal field service are appointed on the same day, each is entitled to be promoted to the regular force in the order in which his name appeared on the register from which he was originally appointed, if of the required sex, eligible, and willing to accept, unless the vacancy on the regular force is filled by transfer or reinstatement. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 427.) CHAPTER 35-RETENTION PREFERENCE, RESTORATION, AND REEMPLOYMENT 3504. Preference eligibles; retention; physical qualifications; waiver. SUBCHAPTER II-RESTORATION AFTER ACTIVE DUTY OR 3551. Restoration; Reserves and National Guardsmen. SUBCHAPTER III-REINSTATEMENT OR RESTORATION AFTER SUSPENSION OR REMOVAL FOR NATIONAL SECURITY 3571. Reinstatement or restoration; individuals suspended or removed for national security. (a) For the purpose of this subchapter, except section 3504— (1) "active service" has the meaning given it by section 101 of title 37; (2) "a retired member of a uniformed service" means a member or former member of a uniformed service who is entitled, under statute, to retired, retirement, or retainer pay on account of his service as such a member; and (3) a preference eligible employee who is a retired member of a uniformed service is considered a preference eligible only if— (A) his retirement was based on disability— (i) resulting from injury or disease received in line of duty as a direct result of armed conflict; or (ii) caused by an instrumentality of war and incurred in the line of duty during a period of war as defined by sections 101 and 301 of title 38; (B) his service does not include twenty or more years of full-time active service, regardless of when performed but not including periods of active duty for training; or (C) on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed without a break in service of more than 30 days. (b) Except as otherwise provided by this subsection and section 3504 of this title, this subchapter applies to each employee in or under an Executive agency. This subchapter does not apply to an employee whose appointment is required by Congress to be confirmed by, or made with the advice and consent of, the Senate, except an employee whose appointment is made under section 3311 of title 39. (Pub. L. 89554, Sept. 6, 1966, 80 Stat. 428.) § 3502. Order of retention (a) The Civil Service Commission shall prescribe regulations for the release of competing employees in a reduction in force which give due effect to (1) tenure of employment; (2) military preference, subject to section 3501(a)(3) of this title: (3) length of service; and (4) efficiency or performance ratings. In computing length of service, a competing employee (A) who is not a retired member of a uniformed service is entitled to credit for the total length of time in active service in the armed forces: (B) who is a retired member of a uniformed service is entitled to credit for (i) the length of time in active service in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or (ii) the total length of time in active service in the armed forces if he is included under section 3501 (a) (3) (A), (B), or (C) of this title; and (C) who is an employee in or under the Department of Agriculture is entitled to credit for service rendered as an employee of a county committee established pursuant to section 590h (b) of title 16, or of a committee or an association of producers described in section 610 (b) of title 7. (b) A preference eligible employee whose efficiency or performance rating is "good" or "satisfactory" or better than "good" or "satisfactory" is entitled to be retained in preference to other competing employees. A preference eligible employee whose efficiency or performance rating is below "good" or "satisfactory" is entitled to be retained in preference to competing nonpreference employees who have equal or lower efficiency or performance ratings. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 428, amended Pub. L. 90-367, § 3, June 29, 1968, 82 Stat. 278; Pub. L. 90-623, § 1(23), Oct. 22, 1968, 82 Stat. 1313.) § 3503. Transfer of functions (a) When a function is transferred from one agency to another, each preference eligible employed in the function shall be transferred to the receiving agency for employment in a position for which he is qualified before the receiving agency may make an appointment from another source to that position. (b) When one agency is replaced by another, each preference eligible employed in the agency to be replaced shall be transferred to the replacing agency for employment in a position for which he is qualified before the replacing agency may make an appointment from another source to that position. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 429.) § 3504. Preference eligibles; retention; physical qualifications; waiver In determining qualifications of a preference eligible for retention in a position in the competitive service, an Executive agency, or the government of the District of Columbia, the Civil Service Commission or other examining agency shall waive (1) requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and (2) physical requirements if, in the opinion of the Commission or other examining agency, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 429.) SUBCHAPTER II-RESTORATION AFTER ACTIVE § 3551. Restoration; Reserves and National Guardsmen SUBCHAPTER III-REINSTATEMENT OR RESTORATION AFTER SUSPENSION OR REMOVAL FOR NATIONAL SECURITY § 3571. Reinstatement or restoration; individuals suspended or removed for national security An individual suspended or removed under section 7532 of this title may be restored to duty in the discretion of the head of the agency concerned. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 429.) SUBCHAPTER IV-REEMPLOYMENT AFTER SERVICE WITH AN INTERNATIONAL ORGANIZATION §3581. Definitions For the purpose of this subchapter— (1) "agency" means— (A) an Executive agency; (B) a military department; and (C) an employing authority in the legislative branch; (2) "employee" means an employee in or under an agency; (3) "international organization" means a public international organization or international-organization preparatory commission in which the Government of the United States participates; (4) "transfer" means the change of position by an employee from an agency to an international organization; and (5) "reemployment" means (A) the reemployment of an employee under section 3582 (a) of this title; or (B) the reemployment of a Congressional employee within 90 days from his separation from an international organization; following a term of employment not extending beyond the period named by the head of the agency at the time of consent to transfer or, in the absence of a named period, not extending beyond the first 5 consecutive years, or any extension thereof, after entering the employ of the international organization. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 429, amended Pub. L. 91-175, § 502 (b), Dec. 30, 1969, 83 Stat. 825.) § 3582. Rights of transferring employees (a) An employee serving under an appointment not limited to 1 year or less who transfers to an international organization with the consent of the head of his agency is entitled (1) to retain coverage, rights, and benefits under any system established by law for the retirement of employees, if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with the international organization are currently deposited in the system's fund or depository; and the period during which coverage, rights, and benefits are retained under this paragraph is deemed creditable service under the system, except that such service shall not be considered creditable service for the purpose of any retirement system for transferring personnel, if such service forms the basis, in whole or in part, for an annuity or pension under the retirement system of the international organization; (2) to retain coverage, rights, and benefits under chapters 87 and 89 of this title, if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with the international organization are currently deposited in the Employees' Life Insurance Fund and the Employees' Health Benefits Fund, as applicable, and the period during which coverage, rights, and benefits are retained under this paragraph is deemed service as an employee under chapters 87 and 89 of this title; (3) to retain coverage, rights, and benefits under subchapter I of chapter 81 of this title, and for this purpose his employment with the international organization is deemed employment by the United States, but if he or his dependents receive from the international organization a payment, allowance, gratuity, payment under an insurance policy for which the premium is wholly paid by the international organization, or other benefit of any kind on account of the same injury or death, the amount thereof is credited against disability or death compensation, as the case may be, payable under subchapter I of chapter 81 of this title; and (4) to elect to retain to his credit all accumulated and current accrued annual leave to which entitled at the time of transfer which would otherwise be liquidated by a lump-sum payment. On his request at any time before reemployment, he shall be paid for the annual leave retained. If he receives a lump-sum payment and is reemployed within 6 months after transfer, he shall refund to the agency the amount of the lump-sum payment. This paragraph does not operate to cause a forfeiture of retained annual leave following reemployment or to deprive an employee of a lump-sum payment to which he would otherwise be entitled. (b) An employee entitled to the benefits of subsection (a) of this section is entitled to be reemployed within 30 days of his application for reemployment in his former position or a position of like seniority, status, and pay in the agency from which he transferred, if 5 (1) he is separated from the international organization within years, or any extension thereof, after entering on duty with the international organization or within such shorter period as may be named by the head of the agency at the time of consent to transfer; and (2) he applies for reemployment not later than 90 days after the separation. On reemployment, he is entitled to the rate of basic pay to which he would be entitled had he remained in the civil service. On reemployment, the agency shall restore his sick leave account, by credit or charge, to its status at the time of transfer. The period of separation caused by his employment with the international organization and the period necessary to effect reemployment are deemed creditable |