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5 U.S.C. § 6308 — Transfers between positions under different leave systems

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 6308 — Transfers between positions under different leave systems

**(a)** The annual and sick leave to the credit of an employee who transfers between positions under different leave systems without a break in service shall be transferred to his credit in the employing agency on an adjusted basis under regulations prescribed by the Office of Personnel Management, unless the individual is excepted from this subchapter by section 6301(2)(ii), (iii), (vi), or (vii) of this title. However, when a former member receiving a retirement annuity under sections 521–535 of title 4, District of Columbia Code, is reemployed in a position to which this subchapter applies, his sick leave balance may not be recredited to his account on the later reemployment. **(b)** The annual leave, sick leave, and home leave to the credit of a nonappropriated fund employee of the Department of Defense or the Coast Guard described in section 2105(c) who moves without a break in service of more than 3 days to a position in the Department of Defense or the Coast Guard, respectively, that is subject to this subchapter shall be transferred to the employee’s credit. The annual leave, sick leave, and home leave to the credit of an employee of the Department of Defense or the Coast Guard who is subject to this subchapter and who moves without a break in service of more than 3 days to a position under a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard, respectively, described in section 2105(c), shall be transferred to the employee’s credit under the nonappropriated fund instrumentality. The Secretary of Defense or the Secretary of Homeland Security, as appropriate, may provide for a transfer of funds in an amount equal to the value of the transferred annual leave to compensate the gaining entity for the cost of a transfer of annual lea

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Stable record: federal_law:legal_authorities:record_usc_5e4a84d1da039953db8f74f4
Source file: Laws/federal/codes/united-states-code/title-5/section-6308-transfers-between-positions-under-different-leave-systems--0c3f71b381.md
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Source location: Title 5, Chapter 63, § 6308; chapter-063-leave.md

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 2105 — Employee

**(a)** For the purpose of this title, “employee”, except as otherwise provided by this section or when specifically modified, means an officer and an individual who is— (1) appointed in the civil service by one of the following acting in an official capacity— (A) the President; (B) a Member or Members of Congress, or the Congress; (C) a member of a uniformed service; (D) an individual who is an employee under this section; (E) the head of a Government controlled corporation; or (F) an adjutant general designated by the Secretary concerned under [section 709(c) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709/c&num=0&edition=prelim); (2) engaged in the performance of a Federal function under authority of law or an Executive act; and (3) subject to the supervision of an individual named by paragraph (1) of this subsection while engaged in the performance of the duties of his position. **(b)** An individual who is employed at the United States Naval Academy in the midshipmen’s laundry, the midshipmen’s tailor shop, the midshipmen’s cobbler and barber shops, and the midshipmen’s store, except an individual employed by the Academy dairy (if any), and whose employment in such a position began before October 1, 1996, and has been uninterrupted in such a position since that date is deemed an employee. **(c)** An employee paid from nonappropriated funds of the Army and Air Force Exchange Service, Navy Ships Stores Program, Navy exchanges, Marine Corps exchanges, Coast Guard exchanges, and other instrumentalities of the United States under the jurisdiction of the armed forces conducted for the comfort, pleasure, contentment, and mental and physical improvement of personnel of the armed forces is deemed not an emp

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1101 — Office of Personnel Management

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.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 2051 — Continued benefits for certain Senate Restaurants employees

**(a) Definitions** In this section: (1) **Contractor** — The term “contractor” means the private business concern that enters into a food services contract with the Architect of the Capitol. (2) **Covered individual** — The term “covered individual” means any individual who— (A) is a Senate Restaurants employee who is an employee of the Architect of the Capitol on July 17, 2008, including— (i) a permanent, full-time or part-time employee; (ii) a temporary, full-time or part-time employee; and (iii) an employee in a position described under section 2048 11 See References in Text note below. of this title; (B) becomes an employee of the contractor under a food services contract on the transfer date; and (C) with respect to benefits under subsection (c)(2) or (3), files an election before the transfer date with the Office of Human Resources of the Architect of the Capitol to have 1 or more benefits continued in accordance with this section. (3) **Food services contract** — The term “food services contract” means a contract under which food services operations of the Senate Restaurants are transferred to, and performed by, a private business concern. (4) **Transfer date** — The term “transfer date” means the date on which a contractor begins the performance of food services operations under a food services contract. **(b) Election of coverage** (1) **In general** (A) *Retirement coverage* — Not later than the day before the transfer date, an individual described under subsection (a)(2)(A) and (B) may file an election with the Office of Human Resources of the Architect of the Capitol to continue coverage under the retirement system under which that individual is covered on that day. (B) *Life and health insurance coverage* — If the indivi

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3734 — Indian and Alaska Native agriculture management education assistance programs

**(a) Agricultural resources intern program** (1) Notwithstanding the provisions of title 5 governing appointments in the competitive service, the Secretary shall establish and maintain in the Bureau or other appropriate office or bureau within the Department of the Interior at least 20 agricultural resources intern positions for Indian and Alaska Native students enrolled in an agriculture study program. Such positions shall be in addition to the forester intern positions authorized in [section 3113(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3113/a&num=0&edition=prelim). (2) For purposes of this subsection— (A) the term “agricultural resources intern” means an Indian who— (i) is attending an approved postsecondary school in a full-time agriculture or related field, and (ii) is appointed to one of the agricultural resources intern positions established under paragraph (1); (B) the term “agricultural resources intern positions” means positions established pursuant to paragraph (1) for agricultural resources interns; and (C) the term “agriculture study program” includes (but is not limited to) agricultural engineering, agricultural economics, animal husbandry, animal science, biological sciences, geographic information systems, horticulture, range management, soil science, and veterinary science. (3) The Secretary shall pay, by reimbursement or otherwise, all costs for tuition, books, fees, and living expenses incurred by an agricultural resources intern while attending an approved postsecondary or graduate school in a full-time agricultural study program. (4) An agricultural resources intern shall be required to enter into an obligated service agreement with the Secretary to serve as an employee in

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 6312 — Accrual and accumulation for former ASCS county office and nonappropriated fund employees

**(a)** Credit shall be given in determining years of service for the purpose of section 6303(a) for— (1) service as an employee of a county committee established pursuant to section 8(b) of the Soil Conservation and Allotment Act or of a committee or an association of producers described in section 10(b) of the Agricultural Adjustment Act; and (2) service under a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c) by an employee who has moved without a break in service of more than 3 days to a position subject to this subchapter in the Department of Defense or the Coast Guard, respectively. **(b)** The provisions of subsections (a) and (b) of section 6308 for transfer of leave between leave systems shall apply to the leave systems established for such county office employees and employees of such Department of Defense and Coast Guard nonappropriated fund instrumentalities, respectively.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 6308 — Transfers between positions under dif-

Page 814 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6308 Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 103–329, title VI, § 629(b)(3), Sept. 30, 1994, 108 Stat. 2423, provided that: ‘‘(3)(A) The Office of Personnel Management shall prescribe regulations under which any employee who used or uses annual leave for an adoption-related pur- pose, after September 30, 1991, and before the date as of which sick leave first becomes available for such pur- pose as a result of the enactment of this subsection may, upon appropriate written application, elect to have such employee’s leave accounts adjusted to reflect the amount of annual leave and sick leave, respec- tively, which would remain had sick leave been used in- stead of all or any portion of the annual leave actually used, as designated by the employee. ‘‘(B) An application under this paragraph may not be approved unless it is submitted— ‘‘(i) within 1 year after the date of the enactment of this Act [September 30, 1994] or such later date as the Office may prescribe; ‘‘(ii) in such form and manner as the Office shall re- quire; and ‘‘(iii) by an individual who is an employee as of the time of application. ‘‘(C) For the purpose of this paragraph, the term ‘em- ployee’ has the meaning given such term by section 6301(2) of title 5, United States Code.’’ ADOPTIONS DURING FISCAL YEAR 1991 Pub. L. 101–509, title V, § 536, Nov. 5, 1990, 104 Stat. 1470, for fiscal year 1991, authorized sick leave provided by section 6307 of this title to be approved for purposes related to the adoption of a child. § 6308. Transfers between positions under dif- ferent leave systems (a) The annual and sick leave to the credit of an employee who transfers between positions under different leave systems

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