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5 U.S.C. § 3582 — Rights of transferring employees
Federal law — U.S. Code and appendices · legal_authorities
**(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, grat
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Source file: Laws/federal/codes/united-states-code/title-5/section-3582-rights-of-transferring-employees--a1e7906492.md
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Source location: Title 5, Chapter 35, § 3582; chapter-035-retention-preference-voluntary-separation-incentive-payments-restoration-and-reemployment.md
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**(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—
(1) he is separated from the international organization within 5 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, an employee entitled to the benefits of subsection (a) is entitled to the rate of basic pay to which the employee would have been entitled had the employee remained in the civil service. On reemployment, the agency shall restore the sick leave account of the employee, by credit or charge, to its status at the time of transfer. The period of separation caused by the employment of the employee with the international organization and the period necessary to effect reemployment are deemed creditable service for all appropriate civil service employment purposes. This subsection does not apply to a congressional employee.
**(c)** This section applies only with respect to so much of a period of employment with an international organization as does not exceed 5 years, or any extension thereof, or such shorter period named by the head of the agency at the time of consent to transfer, except that for retirement and insurance purposes this section continues to apply during the period after separation from the international organization in which—
(1) an employee, except a Congressional employee, is properly exercising or could exercise the reemployment right established by subsection (b) of this section; or
(2) a Congressional employee is effecting or could effect a reemployment.
During that reemployment period, the employee is deemed on leave without pay for retirement and insurance purposes.
**(d)** During the employee’s period of service with the international organization, the agency from which the employee is transferred shall make contributions for retirement and insurance purposes from the appropriations or funds of that agency so long as contributions are made by the employee.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this section—
(1) “agency”, “employee”, and “international organization” have the meanings given them by [section 3581 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3581&num=0&edition=prelim); and
(2) “detail” means the assignment or loan of an employee to an international organization without a change of position from the agency by which he is employed to an international organization.
**(b)** The head of an agency may detail, for a period of not more than 5 years, an employee of his agency to an international organization which requests services, except that under special circumstances, where the President determines it to be in the national interest, he may extend the 5-year period for up to an additional 3 years.
**(c)** An employee detailed under subsection (b) of this section is deemed, for the purpose of preserving his allowances, privileges, rights, seniority, and other benefits, an employee of the agency from which detailed, and he is entitled to pay, allowances, and benefits from funds available to that agency. The authorization and payment of these allowances and other benefits from appropriations available therefor is deemed to comply with [section 5536 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5536&num=0&edition=prelim).
**(d)** Details may be made under subsection (b) of this section—
(1) without reimbursement to the United States by the international organization; or
(2) with agreement by the international organization to reimburse the United States for all or part of the pay, travel expenses, and allowances payable during the detail, and the reimbursement shall be credited to the appropriation, fund, or account used for paying the
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3343
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Federal law — U.S. Code and appendices · legal_authorities
The President may prescribe regulations necessary to carry out this subchapter and [section 3343 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3343&num=0&edition=prelim) and to protect and assure the retirement, insurance, leave, and reemployment rights and such other similar civil service employment rights as he finds appropriate. The regulations may provide for the exclusion of employees from the application of this subchapter and [section 3343 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3343&num=0&edition=prelim) on the basis of the nature and type of employment including excepted appointments of a confidential or policy-determining character, or conditions pertaining to the employment including short-term appointments, seasonal or intermittent employment, and part-time employment.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3584
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Separation** Under such terms and conditions as the agency head may direct, any agency of the United States Government may separate from Government service for a specified period any officer or employee of that agency who accepts a fellowship under the program established by this chapter and is not detailed under [section 6104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6104&num=0&edition=prelim).
**(b) Reemployment** Any fellow who is not a detailee, at the end of the fellowship, is entitled to be reemployed in the same manner as if covered by [section 3582 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3582&num=0&edition=prelim).
**(c) Rights and benefits** Notwithstanding section 8347(o), 8713, or 8914 of title 5 and in accordance with regulations of the Office of Personnel Management, an employee, while serving as a fellow who is not a detailee, is entitled to the same rights and benefits as if covered by [section 3582 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3582&num=0&edition=prelim). The Center shall reimburse the employing agency for any costs incurred under [section 3582 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3582&num=0&edition=prelim).
**(d) Compliance with Budget Act** Funds are available under this section to the extent and in the amounts provided in appropriation Acts.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6103
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Wages** For purposes of this chapter, the term “wages” means all remuneration for employment, including the cash value of all remuneration (including benefits) paid in any medium other than cash; except that such term shall not include—
(1) in the case of the taxes imposed by sections 3101(a) and 3111(a) that part of the remuneration which, after remuneration (other than remuneration referred to in the succeeding paragraphs of this subsection) equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) with respect to employment has been paid to an individual by an employer during the calendar year with respect to which such contribution and benefit base is effective, is paid to such individual by such employer during such calendar year. If an employer (hereinafter referred to as successor employer) during any calendar year acquires substantially all the property used in a trade or business of another employer (hereinafter referred to as a predecessor), or used in a separate unit of a trade or business of a predecessor, and immediately after the acquisition employs in his trade or business an individual who immediately prior to the acquisition was employed in the trade or business of such predecessor, then, for the purpose of determining whether the successor employer has paid remuneration (other than remuneration referred to in the succeeding paragraphs of this subsection) with respect to employment equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) to such individual during such calendar year, any remuneration (other than remuneration referred to in the succeeding paragraphs of this subsection) with respect to employment paid (or considered under this paragraph as h
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 3121
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this subchapter—
**(a) Employment** The term “employment” means any service performed after 1936 and prior to 1951 which was employment for the purposes of this subchapter under the law applicable to the period in which such service was performed, and any service, of whatever nature, performed after 1950 (A) by an employee for the person employing him, irrespective of the citizenship or residence of either, (i) within the United States, or (ii) on or in connection with an American vessel or American aircraft under a contract of service which is entered into within the United States or during the performance of which and while the employee is employed on the vessel or aircraft it touches at a port in the United States, if the employee is employed on and in connection with such vessel or aircraft when outside the United States, or (B) outside the United States by a citizen or resident of the United States as an employee (i) of an American employer (as defined in subsection (e) of this section), or (ii) of a foreign affiliate (as defined in section 3121(l)(6) of the Internal Revenue Code of 1986) of an American employer during any period for which there is in effect an agreement, entered into pursuant to section 3121(l) of such Code, with respect to such affiliate, or (C) if it is service, regardless of where or by whom performed, which is designated as employment or recognized as equivalent to employment under an agreement entered into under [section 433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section433&num=0&edition=prelim); except that, in the case of service performed after 1950, such term shall not include—
(1) Service performed by foreign agricultural workers lawfully admitted to the United States fro
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 410
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Federal law — U.S. Code and appendices · legal_authorities
Page 453
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 3582
(Added Pub. L. 107–296, title XIII, § 1313(a)(1)(A),
Nov. 25, 2002, 116 Stat. 2294.)
Editorial Notes
PRIOR PROVISIONS
A prior section 3551, Pub. L. 89–554, Sept. 6, 1966, 80
Stat. 429; Pub. L. 90–491, § 2, Aug. 17, 1968, 82 Stat. 791,
related to restoration of positions of Federal and Dis-
trict of Columbia employees upon release from duty in
Reserves or National Guard, prior to repeal by Pub. L.
103–353, §§ 2(b)(2)(B), 8, Oct. 13, 1994, 108 Stat. 3169, 3175,
effective with respect to reemployments initiated on or
after first day after 60-day period beginning Oct. 13,
1994, with transition rules.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 60 days after Nov. 25, 2002, see sec-
tion 1313(a)(4) of Pub. L. 107–296, set out as a note under
section 3521 of this title.
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 sec-
tion 7532 of this title may be restored to duty in
the discretion of the head of the agency con-
cerned.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 429.)
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
..................
5 U.S.C. 22–1 (1st 31
words of 3d pro-
viso).
Aug. 26, 1950, ch. 803, § 1 (1st
31 words of 3d proviso), 64
Stat. 477.
The words ‘‘suspended or removed under section 7532
of this title’’ are coextensive with and substituted for
‘‘whose employment is so suspended or terminated
under the authority of said sections’’.
Standard changes are made to conform with the defi-
nitions applicable and the style of t
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 3582
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