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5 U.S.C. § 2108 — Veteran; disabled veteran; preference eligible

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

5 U.S.C. § 2108 — Veteran; disabled veteran; preference eligible

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Stable record: federal_law:legal_authorities:record_usc_70c5d1ae87446d03d62c870e
Source file: Laws/federal/codes/united-states-code/title-5/section-2108-veteran-disabled-veteran-preference-eligible--91dbaa8566.md
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Source location: Title 5, Chapter 21, § 2108; chapter-021-definitions.md

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For the purpose of this title— (1) “veteran” means an individual who— (A) served on active duty in the armed forces during a war, in a campaign or expedition for which a campaign badge has been authorized, or during the period beginning April 28, 1952, and ending July 1, 1955; (B) served on active duty as defined by [section 101(21) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101/21&num=0&edition=prelim) at any time in the armed forces for a period of more than 180 consecutive days any part of which occurred after January 31, 1955, and before October 15, 1976, not including service under [section 12103(d) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12103/d&num=0&edition=prelim) pursuant to an enlistment in the Army National Guard or the Air National Guard or as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve; (C) served on active duty as defined by [section 101(21) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101/21&num=0&edition=prelim) in the armed forces during the period beginning on August 2, 1990, and ending on January 2, 1992; or (D) served on active duty as defined by [section 101(21) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101/21&num=0&edition=prelim) at any time in the armed forces for a period of more than 180 consecutive days any part of which occurred during the period beginning on September 11, 2001, and ending on the date prescribed by Presidential proclamation or by law as the last date of Operation Iraqi Freedom; and, except as provided under section 2108a, who has been discharged or released from active duty in the armed forces under honorable conditions; (2) “disabled veteran” means an individual who has served on active duty in the armed forces, (except as provided under section 2108a) has been separated therefrom under honorable conditions, and has established the present existence of a service-connected disability or is receiving compensation, disability retirement benefits, or pension because of a public statute administered by the Department of Veterans Affairs or a military department; (3) “preference eligible” means, except as provided in paragraph (4) of this section or section 2108a(c)— (A) a veteran as defined by paragraph (1)(A) of this section; (B) a veteran as defined by paragraph (1)(B), (C), or (D) of this section; (C) a disabled veteran; (D) the unmarried widow or widower of a veteran as defined by paragraph (1)(A) of this section; (E) the wife or husband of a service-connected disabled veteran if the veteran has been unable to qualify for any appointment in the civil service or in the government of the District of Columbia; (F) the parent of an individual who lost his or her life under honorable conditions while serving in the armed forces during a period named by paragraph (1)(A) of this section, if— (i) the spouse of that parent is totally and permanently disabled; or (ii) that parent, when preference is claimed, is unmarried or, if married, legally separated from his or her spouse; (G) the parent of a service-connected permanently and totally disabled veteran, if— (i) the spouse of that parent is totally and permanently disabled; or (ii) that parent, when preference is claimed, is unmarried or, if married, legally separated from his or her spouse; and (H) a veteran who was discharged or released from a period of active duty by reason of a sole survivorship discharge (as that term is defined in [section 1174(i) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174/i&num=0&edition=prelim)); but does not include applicants for, or members of, the Senior Executive Service, the Defense Intelligence Senior Executive Service, the Senior Cryptologic Executive Service, or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; (4) except for the purposes of chapters 43 and 75 of this title, “preference eligible” does not include a retired member of the armed forces unless— (A) the individual is a disabled veteran; or (B) the individual retired below the rank of major or its equivalent; and (5) “retired member of the armed forces” means a member or former member of the armed forces who is entitled, under statute, to retired, retirement, or retainer pay on account of service as a member.

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

10 U.S.C. § 1621 — Defense Intelligence Agency merit pay system

The Secretary of Defense may by regulation establish a merit pay system for such employees of the Defense Intelligence Agency as the Secretary considers appropriate. The merit pay system shall be designed to carry out purposes consistent with those set forth in [section 5401 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5401&num=0&edition=prelim), as in effect on October 31, 1993.

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

37 U.S.C. § 303a — Special pay: general provisions

**(a)** The Secretary of Defense, with respect to the Army, Navy, and Air Force, and the Secretary of Health and Human Services, with respect to the Public Health Service, shall prescribe regulations for the administration of sections 301d, 302 through 302j, and 303 of this title. **(b)** (1) Except as provided in paragraph (2) or as otherwise provided under a provision of this chapter, a commissioned officer in the Regular or Reserve Corps 11 See Change of Name note below. of the Public Health Service is entitled to special pay under a provision of this chapter in the same amounts, and under the same terms and conditions, as a commissioned officer of the armed forces is entitled to special pay under that provision. (2) A commissioned medical officer in the Regular or Reserve Corps 1 of the Public Health Service (other than an officer serving in the Indian Health Service) may not receive additional special pay under [section 302(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section302/a/4&num=0&edition=prelim) for any period during which the officer is providing obligated service under the following provisions of law: (A) Section 338B of the Public Health Service Act ([42 U.S.C. 254](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section254&num=0&edition=prelim)l–1). (B) Section 225(e) of the Public Health Service Act, as that section was in effect before October 1, 1977. (C) Section 752 of the Public Health Service Act, as that section was in effect between October 1, 1977, and August 13, 1981. **(c)** Special pay authorized under sections 301d, 302 through 302j, and 303 of this title is in addition to any other pay or allowance to which an officer is entitled. The amount of special pay to w

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 303a

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

5 U.S.C. § 3131 — The Senior Executive Service

It is the purpose of this subchapter to establish a Senior Executive Service to ensure that the executive management of the Government of the United States is responsive to the needs, policies, and goals of the Nation and otherwise is of the highest quality. The Senior Executive Service shall be administered so as to— (1) provide for a compensation system, including salaries, benefits, and incentives, and for other conditions of employment, designed to attract and retain highly competent senior executives; (2) ensure that compensation, retention, and tenure are contingent on executive success which is measured on the basis of individual and organizational performance (including such factors as improvements in efficiency, productivity, quality of work or service, cost efficiency, and timeliness of performance and success in meeting equal employment opportunity goals); (3) assure that senior executives are accountable and responsible for the effectiveness and productivity of employees under them; (4) recognize exceptional accomplishment; (5) enable the head of an agency to reassign senior executives to best accomplish the agency’s mission; (6) provide for severance pay, early retirement, and placement assistance for senior executives who are removed from the Senior Executive Service for nondisciplinary reasons; (7) protect senior executives from arbitrary or capricious actions; (8) provide for program continuity and policy advocacy in the management of public programs; (9) maintain a merit personnel system free of prohibited personnel practices; (10) ensure accountability for honest, economical, and efficient Government; (11) ensure compliance with all applicable civil service laws, rules, and regulations, including those related to equal employment opportunity

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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

10 U.S.C. § 1145 — Health benefits

**(a) Transitional Health Care.—** (1) For the time period described in paragraph (4), a member of the armed forces who is separated from active service as described in paragraph (2) (and the dependents of the member) shall be entitled to receive— (A) except as provided in paragraph (3), medical and dental care under [section 1076 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1076&num=0&edition=prelim) in the same manner as a dependent described in subsection (a)(2) of such section; and (B) health benefits contracted under the authority of [section 1079(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1079/a&num=0&edition=prelim) and subject to the same rates and conditions as apply to persons covered under that section. (2) This subsection applies to the following members of the armed forces: (A) A member who is involuntarily separated from active duty. (B) A member of a reserve component who is separated from active duty to which called or ordered under [section 12304b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12304b&num=0&edition=prelim) or a provision of law referred to in [section 101(a)(13)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/a/13/B&num=0&edition=prelim) if the active duty is active duty for a period of more than 30 days. (C) A member who is separated from active duty for which the member is involuntarily retained under [section 12305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12305&num=0&edition=prelim) in support of a contingency operation. (D) A member who is separated from active duty served purs

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1145

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

26 U.S.C. § 685 — Treatment of funeral trusts

**(a) In general** In the case of a qualified funeral trust— (1) subparts B, C, D, and E shall not apply, and (2) no deduction shall be allowed by section 642(b). **(b) Qualified funeral trust** For purposes of this subsection, the term “qualified funeral trust” means any trust (other than a foreign trust) if— (1) the trust arises as a result of a contract with a person engaged in the trade or business of providing funeral or burial services or property necessary to provide such services, (2) the sole purpose of the trust is to hold, invest, and reinvest funds in the trust and to use such funds solely to make payments for such services or property for the benefit of the beneficiaries of the trust, (3) the only beneficiaries of such trust are individuals with respect to whom such services or property are to be provided at their death under contracts described in paragraph (1), (4) the only contributions to the trust are contributions by or for the benefit of such beneficiaries, (5) the trustee elects the application of this subsection, and (6) the trust would (but for the election described in paragraph (5)) be treated as owned under subpart E by the purchasers of the contracts described in paragraph (1). A trust shall not fail to be treated as meeting the requirement of paragraph (6) by reason of the death of an individual but only during the 60-day period beginning on the date of such death. **(c) Application of rate schedule** Section 1(e) shall be applied to each qualified funeral trust by treating each beneficiary’s interest in each such trust as a separate trust. **(d) Treatment of amounts refunded to purchaser on cancellation** No gain or loss shall be recognized to a purchaser of a contract described in subsection (b)(1) by reason of any payment from s

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 685

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

5 U.S.C. § 5334 — Rate on change of position or type of appointment; regulations

**(a)** The rate of basic pay to which an employee is entitled is governed by regulations prescribed by the Office of Personnel Management in conformity with this subchapter and chapter 51 of this title when— (1) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter does not apply; (2) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter applies to another such position; (3) he is demoted to a position in a lower grade; (4) he is reinstated, reappointed, or reemployed in a position to which this subchapter applies following service in any position in the legislative, judicial, or executive branch; (5) his type of appointment is changed; (6) his employment status is otherwise changed; or (7) his position is changed from one grade to another grade. For the purpose of this subsection, an individual employed by the Appalachian Regional Commission under [section 14306(a)(2) of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14306/a/2&num=0&edition=prelim), who was a Federal employee immediately prior to such employment by a commission and within 6 months after separation from such employment is employed in a position to which this subchapter applies, shall be treated as if transferred from a position in the executive branch to which this subchapter does not apply. **(b)** An employee who is promoted or transferred to a position in a higher grade is entitled to basic pay at the lowest rate of the higher grade which exceeds his existing rate of basic pay by not less than two step-increases of the grade from which he is promoted or transferred. If, in the case of an employee so promoted or transferred who is receiving basic

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5334

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

5 U.S.C. § 305 — Systematic agency review of operations

**(a)** For the purpose of this section, “agency” means an Executive agency, but does not include— (1) a Government controlled corporation; (2) the Tennessee Valley Authority; (3) the Virgin Islands Corporation; (4) the Atomic Energy Commission; (5) the Central Intelligence Agency; (6) the Panama Canal Commission; or (7) the National Security Agency, Department of Defense. **(b)** Under regulations prescribed and administered by the President, each agency shall review systematically the operations of each of its activities, functions, or organization units, on a continuing basis. **(c)** The purpose of the reviews includes— (1) determining the degree of efficiency and economy in the operation of the agency’s activities, functions, or organization units; (2) identifying the units that are outstanding in those respects; and (3) identifying the employees whose personal efforts have caused their units to be outstanding in efficiency and economy of operations.

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

5 U.S.C. § 8521 — Definitions; application

**(a)** For the purpose of this subchapter— (1) “Federal service” means active service (not including active duty in a reserve status unless for a continuous period of 180 days or more) in the armed forces or the Commissioned Corps of the National Oceanic and Atmospheric Administration if with respect to that service— (A) the individual was discharged or released under honorable conditions (and, if an officer, did not resign for the good of the service); and (B) (i) the individual was discharged or released after completing his first full term of active service which the individual initially agreed to serve, or (ii) the individual was discharged or released before completing such term of active service— (I) for the convenience of the Government under an early release program, (II) because of medical disqualification, pregnancy, parenthood, or any service-incurred injury or disability, (III) because of hardship (including pursuant to a sole survivorship discharge, as that term is defined in [section 1174(i) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174/i&num=0&edition=prelim)), or (IV) because of personality disorders or inaptitude but only if the service was continuous for 365 days or more; (2) “Federal wages” means all pay and allowances, in cash and in kind, for Federal service, computed on the basis of the pay and allowances for the pay grade of the individual at the time of his latest discharge or release from Federal service as specified in the schedule applicable at the time he files his first claim for compensation for the benefit year. The Secretary of Labor shall issue, from time to time, after consultation with the Secretary of Defense, schedules specifying the pay an

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8521

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

10 U.S.C. § 101 — Definitions

**(a) In General.—** The following definitions apply in this title: (1) The term “United States”, in a geographic sense, means the States and the District of Columbia. (2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (5) The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service. (6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (9) The term

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101

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