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5 U.S.C. § 8440e — Members of the uniformed services
Federal law — U.S. Code and appendices · legal_authorities
**(a)** For purposes of this section—
(1) the term “basic pay” means basic pay payable under [section 204 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section204&num=0&edition=prelim);
(2) the term “full TSP member” means a member described in subsection (e)(1);
(3) the term “member” has the meaning given the term in [section 211 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section211&num=0&edition=prelim); and
(4) the term “Secretary concerned” has the meaning given the term in [section 101 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section101&num=0&edition=prelim).
**(b)**
(1) Any member eligible to participate in the Thrift Savings Plan by virtue of [section 211(b) of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section211/b&num=0&edition=prelim) may contribute to the Thrift Savings Fund.
(2)
(A) Except as provided in subparagraph (B), an election to contribute to the Thrift Savings Fund under this section may be made as provided under section 8432(b).
(B)
(i) Notwithstanding subparagraph (A), any individual who is a member as of the effective date that applies with respect to such individual under section 663 of the National Defense Authorization Act for Fiscal Year 2000 may make the first such election during the 60-day period beginning on such effective date.
(ii) An election made under this subparagraph shall take effect on the first day of the first applicable pay period beginning after the close of the 60-day period referred to in clause (i).
**(c)** Except as otherwise provided in this section, the provisions of this subchapter and subchapter VII shall apply with respect to members making con
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Stable record: federal_law:legal_authorities:record_usc_bbe921b994b2e3554e97aa6f
Source file: Laws/federal/codes/united-states-code/title-5/section-8440e-members-of-the-uniformed-services--c2a44aa791.md
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Source location: Title 5, Chapter 84, § 8440e; chapter-084-federal-employees-retirement-system.md
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**(a)** For purposes of this section—
(1) the term “basic pay” means basic pay payable under [section 204 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section204&num=0&edition=prelim);
(2) the term “full TSP member” means a member described in subsection (e)(1);
(3) the term “member” has the meaning given the term in [section 211 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section211&num=0&edition=prelim); and
(4) the term “Secretary concerned” has the meaning given the term in [section 101 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section101&num=0&edition=prelim).
**(b)**
(1) Any member eligible to participate in the Thrift Savings Plan by virtue of [section 211(b) of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section211/b&num=0&edition=prelim) may contribute to the Thrift Savings Fund.
(2)
(A) Except as provided in subparagraph (B), an election to contribute to the Thrift Savings Fund under this section may be made as provided under section 8432(b).
(B)
(i) Notwithstanding subparagraph (A), any individual who is a member as of the effective date that applies with respect to such individual under section 663 of the National Defense Authorization Act for Fiscal Year 2000 may make the first such election during the 60-day period beginning on such effective date.
(ii) An election made under this subparagraph shall take effect on the first day of the first applicable pay period beginning after the close of the 60-day period referred to in clause (i).
**(c)** Except as otherwise provided in this section, the provisions of this subchapter and subchapter VII shall apply with respect to members making contributions to the Thrift Savings Fund, and such members shall, for purposes of this subchapter and subchapter VII, be considered employees within the meaning of section 8401(11).
**(d)**
(1)
(A) The amount contributed by a member described in [section 211(a)(1) of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section211/a/1&num=0&edition=prelim) for any pay period out of basic pay may not exceed the maximum percentage of such member’s basic pay for such pay period allowable under section 8440f.
(B) The amount contributed by a member described in [section 211(a)(2) of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section211/a/2&num=0&edition=prelim) for any pay period out of any compensation received under [section 206 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim) may not exceed the maximum percentage of such member’s compensation for such pay period (received under such section 206) allowable under section 8440f.
(2) A member making contributions to the Thrift Savings Fund out of basic pay, or out of compensation under [section 206 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim), may also contribute (by direct transfer to the Fund) any part of any special or incentive pay that such member receives under chapter 5 of title 37.
(3) Nothing in this section or [section 211 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section211&num=0&edition=prelim) shall be considered to waive any dollar limitation under the Internal Revenue Code of 1986 which otherwise applies with respect to the Thrift Savings Fund.
**(e) Modernized Retirement System.—**
(1) **TSP contributions.—** — Notwithstanding any other provision of law, the Secretary concerned shall make contributions to the Thrift Savings Fund, in accordance with section 8432 (except to the extent the requirements under such section are modified by this subsection), for the benefit of a member—
(A) who first enters a uniformed service on or after January 1, 2018; or
(B) who—
(i) first entered a uniformed service before January 1, 2018;
(ii) has completed fewer than 12 years of service in the uniformed services as of December 31, 2017; and
(iii) makes the election described in section 1409(b)(4)(B) or 12729(f)(2) of title 10 to receive Thrift Savings Plan contributions under this subsection in exchange for the reduced multipliers described in section 1409(b)(4)(A) or 12739(f)(1) of title 10, as applicable, for purposes of calculating the retired pay of the member.
(2) **Maximum amount.—** — The amount contributed under this subsection by the Secretary concerned for the benefit of a full TSP member for any pay period shall not be more than 5 percent of the member’s basic pay for such pay period. Any such contribution under this subsection, though in accordance with section 8432 as provided in paragraph (1), is instead of, and not in addition to, amounts contributable under section 8432 as provided in section 8432(c).
(3) **Timing and duration of contributions.—**
(A) *Automatic contributions.—* — The Secretary concerned shall make a contribution described in section 8432(c)(1) under this subsection for the benefit of a member described in paragraph (1) for any pay period during the period that—
(i) begins—
(I) on or after the day that is 60 days afer the date the member first enters a uniformed service, in the case of a member described in paragraph (1)(A); or
(II) on or after the date the member makes the election described in paragraph (1)(B), in the case of a member making such an election; and
(ii) ends on the day such member completes 26 years of service as a member of the uniformed services.
(B) *Matching contributions.—* — The Secretary concerned shall make a contribution described in section 8432(c)(2) under this subsection for the benefit of a member described in paragraph (1) for any pay period during the period that—
(i) begins—
(I) on or after the day that is 2 years and 1 day after the date the member first enters a uniformed service, in the case of a member described in paragraph (1)(A); or
(II) on or after the date the member makes the election described in paragraph (1)(B), in the case of a member making such an election; and
(ii) ends on the day such member completes 26 years of service as a member of the uniformed services.
(4) **Protections for spouses and former spouses.—** — Section 8435 shall apply to a full TSP member in the same manner as such section is applied to an employee or Member under such section.
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Federal law — U.S. Code and appendices · legal_authorities
In addition to the definitions in sections 1–5 of title 1, the following definitions apply in this title:
(1)
(A) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(B) The term “continental United States” means the 48 contiguous States and the District of Columbia.
(2) The term “possessions” includes Guam, American Samoa, and the guano islands.
(3) The term “uniformed services” means the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, National Oceanic and Atmospheric Administration, and Public Health Service.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force,and Coast Guard.
(5) The term “Secretary concerned” means—
(A) the Secretary of the Army, with respect to matters concerning the Army;
(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy;
(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force;
(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Navy;
(E) the Secretary of Commerce, with respect to matters concerning the National Oceanic and Atmospheric Administration; and
(F) the Secretary of Health and Human Services, with respect to matters concerning the Public Health Service.
(6) The term “National Guard” means the Army National Guard and the Air National Guard.
(7) The term “Army National Guard” means that part of the organized militia of the several States, Puerto Rico, Guam, the Canal Zone, the Virgin Islands, and the District of Columbia, active and inactive, that—
(A) is a land force;
(B)
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The following persons are entitled to the basic pay of the pay grade to which assigned or distributed, in accordance with their years of service computed under [section 205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section205&num=0&edition=prelim)—
(1) a member of a uniformed service who is on active duty; and
(2) a member of a uniformed service, or a member of the National Guard who is not a Reserve of the Army or the Air Force, who is participating in full-time training, training duty with pay, or other full-time duty, provided by law, including participation in exercises or the performance of duty under section 10302, 10305, 10502, or 12402 of title 10, or section 503, 504, 505, or 506 of title 32.
**(b)** For the purposes of subsection (a), under regulations prescribed by the President, the time necessary for a member of a uniformed service who is called or ordered to active duty for a period of more than 30 days to travel from his home to his first duty station and from his last duty station to his home, by the mode of transportation authorized in his call or orders, is considered active duty.
**(c)**
(1) A member of the National Guard who is called into Federal service for a period of 30 days or less is entitled to basic pay from the date on which the member, in person or by authorized telephonic or electronic means, contacts the member’s unit.
(2) Paragraph (1) does not authorize any expenditure to be paid for a period before the date on which the unit receives the member’s contact provided under such paragraph.
(3) The Secretary of the Army, with respect to the Army National Guard, and the Secretary of the Air Force, with respect to the Air National Guard, shall prescribe such regulations as may be necessa
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 204
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under regulations prescribed by the Secretary concerned, and to the extent provided for by appropriations, a member of the National Guard, a member of a reserve component of a uniformed service, or a member of the Space Force who is not entitled to basic pay under [section 204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section204&num=0&edition=prelim), is entitled to compensation, at the rate of 1⁄30 of the basic pay authorized for a member of a uniformed service of a corresponding grade entitled to basic pay—
(1) for each regular period of instruction, or period of appropriate duty, at which the member is engaged for at least two hours, including that performed on a Sunday or holiday;
(2) for the performance of such other equivalent training, instruction, duty, or appropriate duties, as the Secretary may prescribe;
(3) for a regular period of instruction that the member is scheduled to perform but is unable to perform because of physical disability resulting from an injury, illness, or disease incurred or aggravated—
(A) in line of duty while performing—
(i) active duty; or
(ii) inactive-duty training;
(B) while traveling directly to or from that duty or training (unless such injury, illness, disease, or aggravation of an injury, illness, or disease is the result of the gross negligence or misconduct of the member); or
(C) in line of duty while remaining overnight immediately before the commencement of inactive-duty training, or while remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training; or
(4) for a regular period of instruction, period of appropriate duty, or such other equivalent training that a member would be
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 206
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition.—** In this section, the term “member” means—
(1) a member of the uniformed services serving on active duty; and
(2) a member of the Ready Reserve or the Space Force in any pay status.
**(b) Authority.—** Any member may participate in the Thrift Savings Plan in accordance with [section 8440e of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8440e&num=0&edition=prelim).
**(c) Rule of Construction Regarding Separation.—** For purposes of subchapters III and VII of chapter 84 of title 5, each of the following actions shall, in the case of a member participating in the Thrift Savings Plan in accordance with section 8440e of such title, be considered a separation from Government employment:
(1) Release of the member from active duty, not followed, before the end of the 31-day period beginning on the day following the effective date of the release, by—
(A) a resumption of active duty; or
(B) an appointment to a position covered by chapter 83 or 84 of title 5 or an equivalent retirement system, as identified by the Executive Director (appointed by the Federal Retirement Thrift Investment Board) in regulations.
(2) Transfer of the member to inactive status, or to a retired list pursuant to any provision of title 10.
**(d) Repayment of Amounts Borrowed From Member Account.—** If a loan is issued to a member under [section 8433(g) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8433/g&num=0&edition=prelim) from funds in the member’s account in the Thrift Savings Plan, repayment of the loan may be required on the same semi-monthly basis as authorized for contributions to the Thrift Savings Fund on behalf of the member under [section 1014(c) of this title](https://uscode.house.
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 211
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) An employee or Member may contribute to the Thrift Savings Fund in any pay period, pursuant to an election under subsection (b), an amount not to exceed the maximum percentage of such employee’s or Member’s basic pay for such pay period allowable under paragraph (2). Contributions under this subsection pursuant to such an election shall, with respect to each pay period for which such election remains in effect, be made in accordance with a program of regular contributions provided in regulations prescribed by the Executive Director.
(2) The maximum percentage allowable under this paragraph shall be determined in accordance with the following table: In the case of a pay period beginning in fiscal year:The maximum percentageallowable is: 200111 200212 200313 200414 200515 2006 or thereafter100.
(3) Notwithstanding any limitation under this subsection, an eligible participant (as defined by section 414(v) of the Internal Revenue Code of 1986) may make such additional contributions to the Thrift Savings Fund as are permitted by such section 414(v) and regulations of the Executive Director consistent therewith.
**(b)**
(1)
(A)
(i) The Executive Director shall prescribe regulations under which employees and Members may make contributions under subsection (a), to modify the amount to be contributed under such subsection, or to terminate such contributions.
(ii) An election to make contributions under this paragraph—
(I) may be made at any time;
(II) shall take effect on the earliest date after the election that is administratively feasible; and
(III) shall remain in effect until modified or terminated.
(B) The amount to be contributed pursuant to an election under subparagraph (A) shall be the percentage of basic pay or amo
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8432
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) An employee or Member may elect to contribute to the Thrift Savings Fund established by [section 8437 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8437&num=0&edition=prelim).
(2) An election may be made under paragraph (1) as provided under section 8432(b) for individuals who are subject to chapter 84 of this title.
**(b)**
(1) Except as otherwise provided in this subsection, the provisions of subchapters III and VII of chapter 84 of this title shall apply with respect to employees and Members making contributions to the Thrift Savings Fund under subsection (a) of this section.
(2)
(A) An employee or Member may contribute to the Thrift Savings Fund in any pay period any amount not exceeding the maximum percentage of such employee’s or Member’s basic pay for such pay period allowable under subparagraph (B).
(B) The maximum percentage allowable under this subparagraph shall be determined in accordance with the following table: In the case of a pay period beginning in fiscal year:The maximum percentageallowable is: 20016 20027 20038 20049 200510 2006 or thereafter100.
(C) Notwithstanding any limitation under this paragraph, an eligible participant (as defined by section 414(v) of the Internal Revenue Code of 1986) may make such additional contributions to the Thrift Savings Fund as are permitted by such section 414(v) and regulations of the Executive Director consistent therewith.
(3) No contributions may be made by an employing agency for the benefit of an employee or Member under [section 8432(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8432/c&num=0&edition=prelim).
(4) [Section 8433(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8351
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies to any employee who—
(1) separates or enters leave-without-pay status in order to perform military service; and
(2) is subsequently restored to or reemployed in a position which is subject to this chapter, pursuant to chapter 43 of title 38.
**(b)**
(1) Each employee to whom this section applies may contribute to the Thrift Savings Fund, in accordance with this subsection, an amount not to exceed the amount described in paragraph (2).
(2) The maximum amount which an employee may contribute under this subsection is equal to—
(A) the contributions under section 8432(a) which would have been made, over the period beginning on date of separation or commencement of leave-without-pay status (as applicable) and ending on the day before the date of restoration or reemployment (as applicable); reduced by
(B) any contributions under section 8432(a) or 8440e actually made by such employee over the period described in subparagraph (A).
(3) Contributions under this subsection—
(A) shall be made at the same time and in the same manner as would any contributions under section 8432(a);
(B) shall be made over the period of time specified by the employee under paragraph (4)(B); and
(C) shall be in addition to any contributions then actually being made under section 8432(a).
(4) The Executive Director shall prescribe the time, form, and manner in which an employee may specify—
(A) the total amount such employee wishes to contribute under this subsection with respect to any particular period referred to in paragraph (2)(B); and
(B) the period of time over which the employee wishes to make contributions under this subsection.
The employing agency may place a maximum limit on the period of time referred to in subparagraph (B), which
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8432b
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An employee or Member who separates from Government employment is entitled to the amount of the balance in the employee’s or Member’s account (except for the portion of such amount forfeited under [section 8432(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8432/g&num=0&edition=prelim), if any) as provided in this section.
**(b)** Subject to [section 8435 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8435&num=0&edition=prelim), any employee or Member who separates from Government employment is entitled and may elect to withdraw from the Thrift Savings Fund the balance of the employee’s or Member’s account as—
(1) an annuity;
(2) a single payment;
(3) 2 or more substantially equal payments to be made not less frequently than annually; or
(4) any combination of payments as provided under paragraphs (1) through (3) as the Executive Director may prescribe by regulation.
**(c)**
(1) In addition to the right provided under subsection (b) to withdraw the balance of the account, an employee or Member who separates from Government service may make one or more withdrawals of any amount in the same manner as a single payment is made in accordance with subsection (b)(2) from the employee’s or Member’s account.
(2) An employee or Member may request that the amount withdrawn from the Thrift Savings Fund in accordance with subsection (b)(2) be transferred to an eligible retirement plan.
(3) The Executive Director shall make each transfer elected under paragraph (2) directly to an eligible retirement plan or plans (as defined in section 402(c)(8) of the Internal Revenue Code of 1986) identified by the employee, Member, former employee, or former Member for whom the transfer is mad
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8433
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Executive Director shall establish and maintain an account for each individual who makes contributions or for whom contributions are made under [section 8432 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8432&num=0&edition=prelim) or who makes contributions to the Thrift Savings Fund.
(2) The balance in an individual’s account at any time is the excess of—
(A) the sum of—
(i) all contributions made to the Thrift Savings Fund by the individual;
(ii) all contributions made to such Fund for the benefit of the individual; and
(iii) the total amount of the allocations made to and reductions made in the account pursuant to paragraph (3), over
(B) the amounts paid out of the Thrift Savings Fund with respect to such individual under this subchapter.
(3) Pursuant to regulations prescribed by the Executive Director, the Executive Director shall allocate to each account an amount equal to a pro rata share of the net earnings and net losses from each investment of sums in the Thrift Savings Fund attributable to sums credited to such account, reduced by an appropriate share of the administrative expenses paid out of the net earnings under [section 8437(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8437/d&num=0&edition=prelim), as determined by the Executive Director.
**(b)**
(1) For the purposes of this subsection, the term “qualified public accountant” shall have the same meaning as provided in section 103(a)(3)(D) of the Employee Retirement Income Security Act of 1974 ([29 U.S.C. 1023(a)(3)(D)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1023/a/3/D&num=0&edition=prelim)).
(2) The Executive Director shall annually enga
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8439
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Board shall establish an Employee Thrift Advisory Council. The Council shall be composed of 15 members appointed by the Chairman of the Board in accordance with subsection (b).
**(b)** The Chairman shall appoint 15 members of the Council, of whom—
(1) 4 shall be appointed to represent the respective labor organizations representing (as exclusive representatives) the first, second, third, and fourth largest numbers of individuals subject to chapter 71 of this title;
(2) 2 shall be appointed to represent the respective labor organizations which have been accorded exclusive recognition under [section 1203(a) of title 39](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section1203/a&num=0&edition=prelim) representing the largest and second largest numbers of individuals employed by the United States Postal Service;
(3) 1 shall be appointed to represent the labor organization which has been accorded exclusive recognition under [section 1203(a) of title 39](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section1203/a&num=0&edition=prelim) representing the largest number of individuals employed by the United States Postal Service as rural letter carriers;
(4) 2 shall be appointed to represent the respective managerial organizations (other than an organization described in paragraph (5)) which consult with the United States Postal Service under [section 1004(b) of title 39](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section1004/b&num=0&edition=prelim) and which represent the largest and second largest numbers of individuals employed by the United States Postal Service as managerial personnel;
(5) 1 shall be appointed to represent the supervisors’ organization as defined in [section 1004(h) of
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8473
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