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5 U.S.C. § 8151 — Civil service retention rights
Federal law — U.S. Code and appendices · legal_authorities
**(a)** In the event the individual resumes employment with the Federal Government, the entire time during which the employee was receiving compensation under this chapter shall be credited to the employee for the purposes of within-grade step increases, retention purposes, and other rights and benefits based upon length of service.
**(b)** Under regulations issued by the Office of Personnel Management—
(1) the department or agency which was the last employer shall immediately and unconditionally accord the employee, if the injury or disability has been overcome within one year after the date of commencement of compensation or from the time compensable disability recurs if the recurrence begins after the injured employee resumes regular full-time employment with the United States, the right to resume his former or an equivalent position, as well as all other attendant rights which the employee would have had, or acquired, in his former position had he not been injured or disabled, including the rights to tenure, promotion, and safeguards in reductions-in-force procedures, and
(2) the department or agency which was the last employer shall, if the injury or disability is overcome within a period of more than one year after the date of commencement of compensation, make all reasonable efforts to place, and accord priority to placing, the employee in his former or equivalent position within such department or agency, or within any other department or agency.
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Stable record: federal_law:legal_authorities:record_usc_314874bcc3b639092e333a17
Source file: Laws/federal/codes/united-states-code/title-5/section-8151-civil-service-retention-rights--b1585b9582.md
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Source location: Title 5, Chapter 81, § 8151; chapter-081-compensation-for-work-injuries.md
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**(a)** In the event the individual resumes employment with the Federal Government, the entire time during which the employee was receiving compensation under this chapter shall be credited to the employee for the purposes of within-grade step increases, retention purposes, and other rights and benefits based upon length of service.
**(b)** Under regulations issued by the Office of Personnel Management—
(1) the department or agency which was the last employer shall immediately and unconditionally accord the employee, if the injury or disability has been overcome within one year after the date of commencement of compensation or from the time compensable disability recurs if the recurrence begins after the injured employee resumes regular full-time employment with the United States, the right to resume his former or an equivalent position, as well as all other attendant rights which the employee would have had, or acquired, in his former position had he not been injured or disabled, including the rights to tenure, promotion, and safeguards in reductions-in-force procedures, and
(2) the department or agency which was the last employer shall, if the injury or disability is overcome within a period of more than one year after the date of commencement of compensation, make all reasonable efforts to place, and accord priority to placing, the employee in his former or equivalent position within such department or agency, or within any other department or agency.
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “employee” means—
(A) a civil officer or employee in any branch of the Government of the United States, including an officer or employee of an instrumentality wholly owned by the United States;
(B) an individual rendering personal service to the United States similar to the service of a civil officer or employee of the United States, without pay or for nominal pay, when a statute authorizes the acceptance or use of the service, or authorizes payment of travel or other expenses of the individual;
(C) an individual, other than an independent contractor or an individual employed by an independent contractor, employed on the Menominee Indian Reservation in Wisconsin in operations conducted under a statute relating to tribal timber and logging operations on that reservation;
(D) an individual employed by the government of the District of Columbia;
(E) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838);
(F) an individual selected pursuant to chapter 121 of title 28, and serving as a petit or grand juror; and
(G) an individual who is a System member of the National Urban Search and Rescue Response System during a period of appointment into Federal service pursuant to section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act;
but does not include—
(i) a commissioned officer of the Regular Corps of the Public Health Service;
(ii) a commissioned officer of the Reserve Corps 11 See Change of Name note below. of the Public Health Service on active duty;
(iii) a commissioned officer of the Environmental Science Services Administration; or
(iv) a member of the Metropolitan Police or the Fire D
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8101
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Federal law — U.S. Code and appendices · legal_authorities
The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) to (d) Omitted**
**(e) Eligible employees; Federal employee programs subject to retention** Notwithstanding the provisions of sections 8347(o), 8713, and 8914 of title 5, executive order, or administrative regulation, an employee serving under an appointment not limited to one year or less who leaves Federal employment to be employed by a tribal organization, the city of St. Paul, Alaska, the city of St. George, Alaska, upon incorporation, or the Village Corporations of St. Paul and St. George Islands established pursuant to [section 1607 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1607&num=0&edition=prelim), in connection with governmental or other activities which are or have been performed by employees in or for Indian communities is entitled, if the employee and the tribal organization so elect, to the following:
(1) To retain coverage, rights, and benefits under subchapter I of chapter 81 (“Compensation for Work Injuries”) of title 5, and for this purpose his employment with the tribal organization shall be deemed employment by the United States. However, if an injured employee, or his dependents in case of his death, receives from the tribal organization any payment (including an allowance, gratuity, payment under an insurance policy for which the premium is wholly paid by the tribal organization, or other benefit of any kind) on account of the same injury or death, the amount of that payment shall be credited against any benefit payable under subchapter I of chapter 81 of title 5, as follows:
(A) payments on account of injury or disability shall be credited against disability compensation payable to the injured employee; and
(B) payments on account of death shall be credited against death compensation pay
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5332
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Federal law — U.S. Code and appendices · legal_authorities
Page 964
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8150
1 So in original. Probably should be ‘‘Longshore and’’.
Employees’ Compensation Act in title 5, United States
Code.
Statutory Notes and Related Subsidiaries
PERSONNEL NOT AFFECTED BY 1967 INCREASE
Increases authorized under amendment by section
1(71) of Pub. L. 90–83 not applicable to specified per-
sonnel, see section 7 of Pub. L. 90–83, set out as a note
under section 8103 of this title.
§ 8150. Effect on other statutes
(a) This subchapter does not affect the mari-
time rights and remedies of a master or member
of the crew of a vessel.
(b) Section 8141 of this title and section 9491 of
title 10 do not confer military or veteran status
on any individual.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 555; Pub. L.
115–232, div. A, title VIII, § 809(c)(4), Aug. 13, 2018,
132 Stat. 1841.)
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
(a) .............
5 U.S.C. 791–4(b).
Oct. 14, 1949, ch. 691, § 305(b),
63 Stat. 868.
(b) .............
5 U.S.C. 803a.
Aug. 3, 1956, ch. 926, § 1
‘‘Sec. 4’’, 70 Stat. 981.
Standard changes are made to conform with the defi-
nitions applicable and the style of this title as outlined
in the preface to the report.
Editorial Notes
AMENDMENTS
2018—Subsec. (b). Pub. L. 115–232 substituted ‘‘section
9491 of title 10’’ for ‘‘section 9441 of title 10’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–232 effective Feb. 1, 2019,
with provision for the coordination of amendments and
special rule for certain redesignations, see section 800
of Pub. L. 115–232, set out as a note preceding section
3001 of Title 10, Armed Forces.
§ 8151. Civil service retention rights
(a) In
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 8151
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