Browse Arkansas Code titles and sections
5 U.S.C. § 3504 — Preference eligibles; retention; physical qualifications; waiver
Federal law — U.S. Code and appendices · legal_authorities
**(a)** In determining qualifications of a preference eligible for retention in a position in the competitive service, an Executive agency, or the government of the District of Columbia, the Office of Personnel Management or other examining agency shall waive—
(1) requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and
(2) physical requirements if, in the opinion of the Office or other examining agency, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position.
**(b)** If an examining agency determines that, on the basis of evidence before it, a preference eligible described in [section 2108(3)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2108/3/C&num=0&edition=prelim) who has a compensable service-connected disability of 30 percent or more is not able to fulfill the physical requirements of the position, the examining agency shall notify the Office of the determination and, at the same time, the examining agency shall notify the preference eligible of the reasons for the determination and of the right to respond, within 15 days of the date of the notification, to the Office. The Office shall require a demonstration by the appointing authority that the notification was timely sent to the preference eligible’s last known address and shall, before the selection of any other person for the position, make a final determination on the physical ability of the preference eligible to perform the duties of the position, taking into account any additional information provided in the response. When the Office has completed its review of the proposed disqua
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3504
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: 75eacc23473e3fa441c914272e111dc5127657ede912447f913c32fe55c1df1a. 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_e84781c377f89612129d5fe4
Source file: Laws/federal/codes/united-states-code/title-5/section-3504-preference-eligibles-retention-physical-qualifications-waiver--58927ec6be.md
Pages: Not recorded – Not recorded
Passage SHA-256: 0090014cda19f86cafebd47b9d22b55980c1b6bb52a65d80116d9d87cfb852cf
Source location: Title 5, Chapter 35, § 3504; chapter-035-retention-preference-voluntary-separation-incentive-payments-restoration-and-reemployment.md
Stored source content
**(a)** In determining qualifications of a preference eligible for retention in a position in the competitive service, an Executive agency, or the government of the District of Columbia, the Office of Personnel Management or other examining agency shall waive—
(1) requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and
(2) physical requirements if, in the opinion of the Office or other examining agency, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position.
**(b)** If an examining agency determines that, on the basis of evidence before it, a preference eligible described in [section 2108(3)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2108/3/C&num=0&edition=prelim) who has a compensable service-connected disability of 30 percent or more is not able to fulfill the physical requirements of the position, the examining agency shall notify the Office of the determination and, at the same time, the examining agency shall notify the preference eligible of the reasons for the determination and of the right to respond, within 15 days of the date of the notification, to the Office. The Office shall require a demonstration by the appointing authority that the notification was timely sent to the preference eligible’s last known address and shall, before the selection of any other person for the position, make a final determination on the physical ability of the preference eligible to perform the duties of the position, taking into account any additional information provided in the response. When the Office has completed its review of the proposed disqualification on the basis of physical disability, it shall send its findings to the appointing authority and the preference eligible. The appointing authority shall comply with the findings of the Office. The functions of the Office under this subsection may not be delegated.
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
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1101
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
**(a)** For the purpose of this subchapter, except section 3504—
(1) “active service” has the meaning given it by [section 101 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section101&num=0&edition=prelim);
(2) “a retired member of a uniformed service” means a member or former member of a uniformed service who is entitled, under statute, to retired, retirement, or retainer pay on account of his service as such a member; and
(3) a preference eligible employee who is a retired member of a uniformed service is considered a preference eligible only if—
(A) his retirement was based on disability—
(i) resulting from injury or disease received in line of duty as a direct result of armed conflict; or
(ii) caused by an instrumentality of war and incurred in the line of duty during a period of war as defined by sections 101 and 1101 of title 38;
(B) his service does not include twenty or more years of full-time active service, regardless of when performed but not including periods of active duty for training; or
(C) on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed without a break in service of more than 30 days.
**(b)** Except as otherwise provided by this subsection and [section 3504 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3504&num=0&edition=prelim), this subchapter applies to each employee in or under an Executive agency. This subchapter does not apply to an employee whose appointment is required by Congress to be confirmed by, or made with the advice and consent of, the Senate or to a member of the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Adminis
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3501
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
Page 450
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 3504
dant in view of the subsequent limitation imposed by
the words following ‘‘before’’. The words ‘‘make an ap-
pointment from another source to that position’’ are
substituted for ‘‘appoint additional employees from
any other source for such position’’.
Standard changes are made to conform with the defi-
nitions applicable and the style of this title as outlined
in the preface to the report.
Editorial Notes
AMENDMENTS
1979—Subsecs. (a), (b). Pub. L. 96–54 substituted ‘‘com-
peting employee’’ for ‘‘preference eligible employed’’.
1978—Subsecs. (a), (b). Pub. L. 95–454 which directed
the substitution of ‘‘competing employee’’ for ‘‘pref-
erence eligible employee’’ was impossible to execute
literally because the text contained reference to ‘‘pref-
erence eligible employed’’. See 1979 Amendment note
above.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96–54 effective July 12, 1979,
see section 2(b) of Pub. L. 96–54, set out as a note under
section 305 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–454 effective 90 days after
Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as
a note under section 1101 of this title.
§ 3504. Preference eligibles; retention; physical
qualifications; waiver
(a) In determining qualifications of a pref-
erence eligible for retention in a position in the
competitive service, an Executive agency, or the
government of the District of Columbia, the Of-
fice of Personnel Management or other exam-
ining agency shall waive—
(1) requirements as to age, height, and
weight, unless the requirement is essential to
the performance of the duties of the position;
and
(2) physical requirements
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 3504
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.