Browse Arkansas Code titles and sections

5 U.S.C. § 3381 — Training

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

5 U.S.C. § 3381 — Training

**(a)** An air traffic controller with 5 years of service as a controller who is to be removed as a controller because the Secretary has determined— (1) he is medically disqualified for duties as a controller; (2) he is unable to maintain technical proficiency as a controller; or (3) such removal is necessary for the preservation of the physical or mental health of the controller; is entitled to not more than the full-time equivalent of 2 years of training. **(b)** During a period of training under this section, a controller shall be— (1) retained at his last assigned grade and rate of basic pay as a controller; (2) entitled to each increase in rate of basic pay provided under law; and (3) excluded from staffing limitations otherwise applicable. **(c)** Upon completion of training under this section, a controller may be— (1) assigned to other duties in the Executive agency in which the controller is employed; (2) released for transfer to another Executive agency; or (3) involuntarily separated from the service. The involuntary separation of a controller under this subsection is not a removal for cause on charges of misconduct, delinquency, or inefficiency for purposes of section 5595 or [section 8336 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8336&num=0&edition=prelim). **(d)** The Secretary, without regard to section 3324(a) and (b) of title 31, may pay, or reimburse a controller for, all or part of the necessary expenses of training provided under this section, including expenses authorized to be paid under chapter 41 and subchapter I of chapter 57 of this title, and the costs of other services or facilities directly related to the training of a controller. **(e)** Except as provided by subsection (d) of this

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3381

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: d1a03979d774e7fd9b401c98e0908c58d446c7e2cf75d3225d6fa35bcc9f027f. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_92d8cf9a7f8a160d686925c0
Source file: Laws/federal/codes/united-states-code/title-5/section-3381-training--de2e4e57f2.md
Pages: Not recorded – Not recorded
Passage SHA-256: b2af07cf6a9d3446f6fc9af5eb91af71ef9547dfe67b786e7e1f419706141b01

Source location: Title 5, Chapter 33, § 3381; chapter-033-examination-selection-and-placement.md

Stored source content

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

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

5 U.S.C. § 8335 — Mandatory separation

**(a)** An air traffic controller shall be separated from the service on the last day of the month in which he becomes 56 years of age or completes the age and service requirements for an annuity under section 8336(e), whichever occurs later. The Secretary, under such regulations as he may prescribe, may exempt a controller having exceptional skills and experience as a controller from the automatic separation provisions of this subsection until that controller becomes 61 years of age. The Secretary shall notify the controller in writing of the date of separation at least 60 days before that date. Action to separate the controller is not effective, without the consent of the controller, until the last day of the month in which the 60-day notice expires. For purposes of this subsection, the term “air traffic controller” or “controller” has the meaning given to it under section 8331(29)(A).11 See References in Text note below. **(b)** (1) A law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer who is otherwise eligible for immediate retirement under section 8336(c) shall be separated from the service on the last day of the month in which that officer, firefighter, or courier, as the case may be, becomes 57 years of age or completes 20 years of service if then over that age. The head of the agency, when in his judgment the public interest so requires, may exempt such an employee from automatic separation under this subsection until that employee becomes 60 years of age. The employing office shall notify the employee in writing of the date of separation at least 60 days in advance thereof. 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8335

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

5 U.S.C. § 3307 — Competitive service; maximum-age entrance requirements; exceptions

**(a)** Except as provided in subsections (b), (c), (d), (e), and (f) of this section appropriated funds may not be used to pay an employee who establishes a maximum-age requirement for entrance into the competitive service. **(b)** The Secretary may, with the concurrence of such agent as the President may designate, determine and fix the maximum limit of age within which an original appointment to a position as an air traffic controller may be made. **(c)** The Secretary of the Interior may determine and fix the minimum and maximum limits of age within which original appointments to the United States Park Police may be made. **(d)** The head of any agency may determine and fix the minimum and maximum limits of age within which an original appointment may be made to a position as a law enforcement officer or firefighter, as defined by section 8331(20) and (21), respectively, of this title. **(e)** (1) Except as provided in paragraph (2), the head of an agency may determine and fix the maximum age limit for an original appointment to a position as a firefighter or law enforcement officer, as defined by section 8401(14) or (17), respectively, of this title. (2) (A) In the case of the conversion of an agency function from performance by a contractor to performance by an employee of the agency, the head of the agency, in consultation with the Director of the Office of Personnel Management, may waive any maximum limit of age, determined or fixed for positions within such agency under paragraph (1), if necessary in order to promote the recruitment or appointment of experienced personnel. (B) For purposes of this paragraph— (i) the term “agency” means the Department of Defense or a military department; and (ii) the term “head of the agency” means—

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3307

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

5 U.S.C. § 2109 — Air traffic controller; Secretary

For the purpose of this title— (1) “air traffic controller” or “controller” means a civilian employee of the Department of Transportation or the Department of Defense who, in an air traffic control facility or flight service station facility— (A) is actively engaged— (i) in the separation and control of air traffic; or (ii) in providing preflight, inflight, or airport advisory service to aircraft operators; or (B) is the immediate supervisor of any employee described in subparagraph (A); and (2) “Secretary”, when used in connection with “air traffic controller” or “controller”, means the Secretary of Transportation with respect to controllers in the Department of Transportation, and the Secretary of Defense with respect to controllers in the Department of Defense.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2109

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

5 U.S.C. § 8336 — Immediate retirement

**(a)** An employee who is separated from the service after becoming 55 years of age and completing 30 years of service is entitled to an annuity. **(b)** An employee who is separated from the service after becoming 60 years of age and completing 20 years of service is entitled to an annuity. **(c)** (1) An employee who is separated from the service after becoming 50 years of age and completing 20 years of service as a law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer, or any combination of such service totaling at least 20 years, is entitled to an annuity. (2) An employee is entitled to an annuity if the employee— (A) was a law enforcement officer or firefighter employed by the Panama Canal Company or the Canal Zone Government at any time during the period beginning March 31, 1979, and ending September 30, 1979; and (B) is separated from the service before January 1, 2000, after becoming 48 years of age and completing 18 years of service as a law enforcement officer or firefighter, or any combination of such service totaling at least 18 years. (3) (A) In this paragraph— (i) the term “affected individual” means an individual covered under this subchapter who— (I) is performing service in a covered position; (II) while on duty, becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under paragraph (1) of this subsection or subsection (e), (m), or (n), as applicable; (III) because of the illness or injury described in subclause (II), is permanently unable to render useful and efficient service in the employee’s covered position, as determined by the agency in which the individual was

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8336

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

5 U.S.C. § 4107 — Academic degree training

**(a)** Subject to subsection (b), an agency may select and assign an employee to academic degree training and may pay or reimburse the costs of academic degree training from appropriated or other available funds if such training— (1) contributes significantly to— (A) meeting an identified agency training need; (B) resolving an identified agency staffing problem; or (C) accomplishing goals in the strategic plan of the agency; (2) is part of a planned, systemic, and coordinated agency employee development program linked to accomplishing the strategic goals of the agency; and (3) is accredited and is provided by a college or university that is accredited by a nationally recognized body. **(b)** In exercising authority under subsection (a), an agency shall— (1) consistent with the merit system principles set forth in paragraphs (2) and (7) of section 2301(b), take into consideration the need to— (A) maintain a balanced workforce in which women, members of racial and ethnic minority groups, and persons with disabilities are appropriately represented in Government service; and (B) provide employees effective education and training to improve organizational and individual performance; (2) assure that the training is not for the sole purpose of providing an employee an opportunity to obtain an academic degree or qualify for appointment to a particular position for which the academic degree is a basic requirement; (3) assure that no authority under this subsection is exercised on behalf of any employee occupying or seeking to qualify for— (A) a noncareer appointment in the senior Executive Service; or (B) appointment to any position that is excepted from the competitive service because of its confidential policy-determining, policy-making or policy-a

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 4107

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

5 U.S.C. § 3382 — Involuntary separation for retirement

An air traffic controller who is eligible for immediate retirement under [section 8336 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8336&num=0&edition=prelim) may be separated involuntarily from the service if the Secretary determines that the separation of the controller is necessary in the interest of— (1) aviation safety; (2) the efficient control of air traffic; or (3) the preservation of the physical or mental health of the controller. Chapter 75 of this title does not apply to a determination or action under this section. Separation under this section shall not become final, without the consent of the controller, until the last day of the second month following the day the controller receives a notification of the determination by the Secretary under this section, or, if a review is requested under [section 3383 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3383&num=0&edition=prelim), the last day of the month in which a final decision is issued by a board of review under [section 3383(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3383/c&num=0&edition=prelim), whichever is later. A controller who is to be separated under this section is entitled to training under [section 3381 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3381&num=0&edition=prelim). Separation of such a controller who elects to receive training under section 3381 shall not become final until the last day of the month following the completion of his training.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3382

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

5 U.S.C. § 3383 — Determinations; review procedures

**(a)** An air traffic controller subject to a determination by the Secretary under section 3381(a) or [section 3382 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3382&num=0&edition=prelim), shall be furnished a written notice of the determination and the reasons therefor, and a notification that the controller has 15 days after the receipt of the notification within which to file a written request for reconsideration of the determination. Unless the controller files such a request within the 15 days, or unless the determination is rescinded by the Secretary within the 15 days, the determination shall be final. **(b)** If the Secretary does not rescind his determination within 15 days after his receipt of the written request filed by the controller under subsection (a) of this section, the Secretary shall immediately convene a board of review, consisting of— (1) a person designated by the controller; (2) a representative of the Executive agency in which the controller is employed designated by the Secretary; and (3) a representative of the Merit Systems Protection Board, designated by the Chairman, who shall serve as chairman of the board of review. **(c)** The board of review shall review evidence supporting and inconsistent with the determination of the Secretary and, within a period of 30 days after being convened, shall issue its findings and furnish copies thereof to the Secretary and the controller. The board may approve or rescind the determination of the Secretary. A decision by the board under this subsection is final. The Secretary shall take such action as may be necessary to carry out the decision of the board. **(d)** Except as provided under [section 3382 of this title](https://uscode.house.gov/view.xhtml?r

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3383

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

5 U.S.C. § 3384 — Regulations

The Secretary is authorized to issue regulations to carry out the provisions of this subchapter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3384

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

5 U.S.C. § 3385 — Effect on other authority

This subchapter shall not limit the authority of the Secretary to reassign temporarily an air traffic controller to other duties with or without notice, in the interest of the safe or efficient separation and control of air traffic or the physical or mental health of a controller; or to reassign permanently or separate a controller under any other provision of law.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3385

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

5 U.S.C. § 8332 — Creditable service

**(a)** The total service of an employee or Member is the full years and twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any. **(b)** The service of an employee shall be credited from the date of original employment to the date of separation on which title to annuity is based in the civilian service of the Government. Except as provided in paragraph (13) 11 So in original. Probably should be paragraph “(14)”. of this subsection, credit may not be allowed for a period of separation from the service in excess of 3 calendar days. The service includes— (1) employment as a substitute in the postal field service; (2) service in the Pan American Sanitary Bureau; (3) subject to sections 8334(c) and 8339(i) of this title, service performed before July 10, 1960, as an employee of 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) or of a committee or an association of producers described by [section 610(b) of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section610/b&num=0&edition=prelim); (4) service as a student-employee as defined by [section 5351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5351&num=0&edition=prelim) only if he later becomes subject to this subchapter; (5) a period of satisfactory service of a volunteer or volunteer leader under chapter 34 of title 22 only if he later becomes subject to this subchapter; (6) employment under [section 709 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709&num=0&edition=prelim) or any prior corresponding provision of law; (7) a period of service of

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8332

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.