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5 U.S.C. § 3323 — Automatic separations; reappointment; reemployment of annuitants
Federal law — U.S. Code and appendices · legal_authorities
**(a)** An individual who reaches the retirement age prescribed for automatic separation applicable to him may not be continued in the civil service or in the government of the District of Columbia. An individual separated on account of age under a statute or regulation providing for retirement on account of age is not eligible for appointment in the civil service or in the government of the District of Columbia. The President, when in his judgment the public interest so requires, may except an individual from this subsection by Executive order. This subsection does not apply to an individual named by a statute providing for the continuance of the individual in the civil service or in the government of the District of Columbia.
**(b)**
(1) Notwithstanding other statutes, an annuitant, as defined by section 8331 or 8401, receiving annuity from the Civil Service Retirement and Disability Fund is not barred by reason of his retired status from employment in an appointive position for which the annuitant is qualified. An annuitant so reemployed, other than an annuitant reappointed under paragraph (2) of this subsection, serves at the will of the appointing authority.
(2) Subject to such regulations as the Director of the Office of Personnel Management may prescribe, any annuitant to whom the first sentence of paragraph (1) of this subsection applies and who has served as an administrative law judge pursuant to an appointment under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim) may be reappointed an administrative law judge under such section for a specified period or for such period as may be necessary for such administrative law judge to conduct and complete the hearing and disposition o
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Stable record: federal_law:legal_authorities:record_usc_80d732da146d1d99b6f5bc97
Source file: Laws/federal/codes/united-states-code/title-5/section-3323-automatic-separations-reappointment-reemployment-of-annuitants--b057a7a435.md
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Source location: Title 5, Chapter 33, § 3323; chapter-033-examination-selection-and-placement.md
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**(a)** An individual who reaches the retirement age prescribed for automatic separation applicable to him may not be continued in the civil service or in the government of the District of Columbia. An individual separated on account of age under a statute or regulation providing for retirement on account of age is not eligible for appointment in the civil service or in the government of the District of Columbia. The President, when in his judgment the public interest so requires, may except an individual from this subsection by Executive order. This subsection does not apply to an individual named by a statute providing for the continuance of the individual in the civil service or in the government of the District of Columbia.
**(b)**
(1) Notwithstanding other statutes, an annuitant, as defined by section 8331 or 8401, receiving annuity from the Civil Service Retirement and Disability Fund is not barred by reason of his retired status from employment in an appointive position for which the annuitant is qualified. An annuitant so reemployed, other than an annuitant reappointed under paragraph (2) of this subsection, serves at the will of the appointing authority.
(2) Subject to such regulations as the Director of the Office of Personnel Management may prescribe, any annuitant to whom the first sentence of paragraph (1) of this subsection applies and who has served as an administrative law judge pursuant to an appointment under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim) may be reappointed an administrative law judge under such section for a specified period or for such period as may be necessary for such administrative law judge to conduct and complete the hearing and disposition of one or more specified cases. The provisions of this title that apply to or with respect to administrative law judges appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim) shall apply to or with respect to administrative law judges reappointed under such section pursuant to the first sentence of this paragraph.
**(c)** Notwithstanding subsection (a) of this section, a member of the Foreign Service retired under section 812 of the Foreign Service Act of 1980 is not barred by reason of his retired status from employment in a position in the civil service for which he is qualified. An annuitant so reemployed serves at the will of the appointing authority.
**(d)** Notwithstanding subsection (a) of this section, the Chief of Engineers of the Army, under [section 569a of title 33](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section569a&num=0&edition=prelim), may employ a retired employee whose expert assistance is needed in connection with river and harbor or flood control works. There shall be deducted from the pay of an employee so reemployed an amount equal to the annuity or retired pay allocable to the period of actual employment.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress finds that—
(1) a career foreign service, characterized by excellence and professionalism, is essential in the national interest to assist the President and the Secretary of State in conducting the foreign affairs of the United States;
(2) the scope and complexity of the foreign affairs of the Nation have heightened the need for a professional foreign service that will serve the foreign affairs interests of the United States in an integrated fashion and that can provide a resource of qualified personnel for the President, the Secretary of State, and the agencies concerned with foreign affairs;
(3) the Foreign Service of the United States, established under the Act of May 24, 1924 (commonly known as the Rogers Act) and continued by the Foreign Service Act of 1946, must be preserved, strengthened, and improved in order to carry out its mission effectively in response to the complex challenges of modern diplomacy and international relations;
(4) the members of the Foreign Service should be representative of the American people, aware of the principles and history of the United States and informed of current concerns and trends in American life, knowledgeable of the affairs, cultures, and languages of other countries, and available to serve in assignments throughout the world; and
(5) the Foreign Service should be operated on the basis of merit principles.
**(b)** The objective of this chapter is to strengthen and improve the Foreign Service of the United States by—
(1) assuring, in accordance with merit principles, admission through impartial and rigorous examination, acquisition of career status only by those who have demonstrated their fitness through successful completion of probationary assignments, effective career development, advancement
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3901
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Federal law — U.S. Code and appendices · legal_authorities
Each agency shall appoint as many administrative law judges as are necessary for proceedings required to be conducted in accordance with sections 556 and 557 of this title. Administrative law judges shall be assigned to cases in rotation so far as practicable, and may not perform duties inconsistent with their duties and responsibilities as administrative law judges.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3105
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “employee” means—
(A) an employee as defined by [section 2105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim);
(B) the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden;
(C) a Congressional employee as defined by [section 2107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2107&num=0&edition=prelim) (other than the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden), after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter;
(D) a temporary Congressional employee appointed at an annual rate of pay, after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter;
(E) a United States Commissioner whose total pay for services performed as Commissioner is not less than $3,000 in each of the last 3 consecutive calendar years ending after December 31, 1954;
(F) an individual employed by a county committee established under [section 590h(b) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590h/b&num=0&edition=prelim);
(G) an individual first employed by the government of the District of Columbia before October 1, 1987;
(H) an individual employed by Gallaudet College;
(I) 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);
(J) an alien (i) who was previously employed by the Government, (ii) who is employed full time by a foreign government
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8331
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Federal law — U.S. Code and appendices · legal_authorities
The Chief of Engineers is authorized to procure the temporary or intermittent services of experts or consultants or organizations thereof in connection with civil functions of the Corps of Engineers without regard to chapter 51 and subchapter III of chapter 53 of title 5: Provided, That individuals so engaged may be paid at rates not to exceed the daily equivalent of the rate for GS–18 for each day of their services.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act June 20, 1938, ch. 535, § 5, 52 Stat. 805, related to employment of retired civil service employees. See [section 3323 of Title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3323&num=0&edition=prelim), Government Organization and Employees.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 544a
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in subsection (b), any participant shall be retired from the Service at the end of the month in which the participant has reached age 65 and has at least 5 years of service credit toward retirement under the System (excluding military and naval service), and shall receive retirement benefits in accordance with [section 4046 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046&num=0&edition=prelim).
(2) Notwithstanding paragraph (1)—
(A) an individual described in section 4(a)(2) of the Department of State Special Agents Retirement Act of 1998 who is otherwise eligible for immediate retirement under this subchapter; or
(B) a Foreign Service criminal investigator/inspector of the Office of Inspector General of the Agency for International Development who would have been eligible for retirement pursuant to either section 8336(c) or 8412(d)(1) of title 5, as applicable, had the employee remained in civil service,
shall be separated from the Service on the last day of the month in which such individual under subparagraph (A) or such Foreign Service criminal investigator/inspector under subparagraph (B) attains 57 years of age or completes 20 years of service if then over that age. If the head of the agency judges that the public interest so requires, that agency head may exempt such an employee from automatic separation under this subsection until that employee attains 60 years of age. The employing office shall notify the employee in writing of the date of separation at least 60 days before that date. Action to separate the employee is not effective without the consent of the employee, until the last day of the month in which the 60-day notice expires.
**(b)**
(1) Any participant who is ot
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4052
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 701l, act June 20, 1938, ch. 535, § 5, 52 Stat. 805, related to employment of retired civil service employees. See [section 3323 of Title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3323&num=0&edition=prelim), Government Organization and Employees.
Section 701l–1, act May 17, 1950, ch. 188, title II, § 214, 64 Stat. 184, provided that section 947 of former Title 5, Executive Departments and Government Officers and Employees, should not be construed to prevent employment of additional personnel.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 701l, 701l–1
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Federal law — U.S. Code and appendices · legal_authorities
Page 399
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 3323
provide such employee a copy of the adverse
finding and any supporting documentation;
(2) provide the employee with a reasonable
time, but not less than 30 days, to respond in
writing and to furnish affidavits and other
documentary evidence to show why the ad-
verse finding was unfounded (a summary of
which shall be included in any notation made
to the employee’s personnel file under sub-
section (d)); and
(3) provide a written decision and the spe-
cific reasons therefore to the employee at the
earliest practicable date.
(c) An employee is entitled to appeal the deci-
sion of the head of the agency to make a perma-
nent notation under subsection (a) to the Merit
Systems Protection Board under section 7701.
(d)(1) If an employee files an appeal with the
Merit Systems Protection Board pursuant to
subsection (c), the agency head shall make a no-
tation in the employee’s official personnel
record file indicating that an appeal disputing
the notation is pending not later than 2 weeks
after the date on which such appeal was filed.
(2) If the head of the agency is the prevailing
party on appeal, not later than 2 weeks after the
date that the Board issues the appeal decision,
the head of the agency shall remove the nota-
tion made under paragraph (1) from the employ-
ee’s official personnel record file.
(3) If the employee is the prevailing party on
appeal, not later than 2 weeks after the date
that the Board issues the appeal decision, the
head of the agency shall remove the notation
made under paragraph (1) and the notation of an
adverse finding made under subsection (a) from
the employee’s official personnel record file.
(e) In this section, the term ‘‘personnel inves-
tigation’’ inclu
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