5 U.S.C. § 3582 — Rights of transferring employees

Page 453 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3582 (Added Pub. L. 107–296, title XIII, § 1313(a)(1)(A), Nov. 25, 2002, 116 Stat. 2294.) Editorial Notes PRIOR PROVISIONS A prior section 3551, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 429; Pub. L. 90–491, § 2, Aug. 17, 1968, 82 Stat. 791, related to restoration of positions of Federal and Dis- trict of Columbia employees upon release from duty in Reserves or National Guard, prior to repeal by Pub. L. 103–353, §§ 2(b)(2)(B), 8, Oct. 13, 1994, 108 Stat. 3169, 3175, effective with respect to reemployments initiated on or after first day after 60-day period beginning Oct. 13, 1994, with transition rules. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 60 days after Nov. 25, 2002, see sec- tion 1313(a)(4) of Pub. L. 107–296, set out as a note under section 3521 of this title. SUBCHAPTER III—REINSTATEMENT OR RESTORATION AFTER SUSPENSION OR REMOVAL FOR NATIONAL SECURITY § 3571. Reinstatement or restoration; individuals suspended or removed for national security An individual suspended or removed under sec- tion 7532 of this title may be restored to duty in the discretion of the head of the agency con- cerned. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 429.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 22–1 (1st 31 words of 3d pro- viso). Aug. 26, 1950, ch. 803, § 1 (1st 31 words of 3d proviso), 64 Stat. 477. The words ‘‘suspended or removed under section 7532 of this title’’ are coextensive with and substituted for ‘‘whose employment is so suspended or terminated under the authority of said sections’’. 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. SUBCHAPTER IV—REEMPLOYMENT AFTER SERVICE WITH AN INTERNATIONAL OR- GANIZATION § 3581. Definitions For the purpose of this subchapter— (1) ‘‘agency’’ means— (A) an Executive agency; (B) a military department; and (C) an employing authority in the legisla- tive branch; (2) ‘‘employee’’ means an employee in or under an agency; (3) ‘‘international organization’’ means a public international organization or inter- national-organization preparatory commission in which the Government of the United States participates; (4) ‘‘transfer’’ means the change of position by an employee from an agency to an inter- national organization; and (5) ‘‘reemployment’’ means— (A) the reemployment of an employee under section 3582(b) of this title; or (B) the reemployment of a Congressional employee within 90 days from his separation from an international organization; following a term of employment not extending beyond the period named by the head of the agency at the time of consent to transfer or, in the absence of a named period, not extend- ing beyond the first 5 consecutive years, or any extension thereof, after entering the em- ploy of the international organization. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 429; Pub. L. 91–175, pt. V, § 502(b), Dec. 30, 1969, 83 Stat. 825; Pub. L. 94–183, § 2(9), Dec. 31, 1975, 89 Stat. 1057.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2331. Aug. 28, 1958, Pub. L. 85–795, § 2, 72 Stat. 959. In paragraphs (1)(A) and (B), the terms ‘‘Executive agency’’ and ‘‘military department’’ are coextensive with and substituted for ‘‘any department or agency in the executive branch of the United States Government including independent establishments and Government owned or controlled corporations’’ in view of the defini- tions in sections 105 and 102. In paragraph (2), the word ‘‘employee’’ is substituted for ‘‘any civilian appointive officer or employee’’ in view of the definition of ‘‘employee’’ in section 2105. The words ‘‘in or under an agency’’ are substituted for ‘‘in or under the executive or the legislative branch of the United States Government’’. The definition of ‘‘Congressional employee’’ in former section 2331(4) is omitted as unnecessary because the term ‘‘Congressional employee’’, defined for the pur- pose of this title in section 2107, is coextensive with the definition in former section 2331(4). The definition of ‘‘Detail’’ in former section 2331(6) is omitted from this section as inappropriate but is car- ried into section 3343. 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 1975—Subsec. (5)(A). Pub. L. 94–183 substituted ‘‘3582(b)’’ for ‘‘3582(a)’’. 1969—Par. (5). Pub. L. 91–175 substituted ‘‘the first 5 consecutive years, or any extension thereof, after en- tering the employ of the international organization’’ for ‘‘the first 3 consecutive years after entering the em- ploy of the international organization’’. Executive Documents DELEGATION OF AUTHORITY Authority of President to extend a transfer of an em- ployee under this section delegated to Secretary of State, see section 3 of Ex. Ord. No. 11552, Aug. 24, 1970, 35 F.R. 13569, set out as a note under section 3584 of this title. § 3582. Rights of transferring employees (a) An employee serving under an appointment not limited to 1 year or less who transfers to an international organization with the consent of the head of his agency is entitled— (1) to retain coverage, rights, and benefits under any system established by law for the Page 454 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3582 retirement of employees, if necessary em- ployee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with the inter- national organization are currently deposited in the system’s fund or depository; and the pe- riod during which coverage, rights, and bene- fits are retained under this paragraph is deemed creditable service under the system, except that such service shall not be consid- ered creditable service for the purpose of any retirement system for transferring personnel, if such service forms the basis, in whole or in part, for an annuity or pension under the re- tirement system of the international organiza- tion; (2) to retain coverage, rights, and benefits under chapters 87 and 89 of this title, if nec- essary employee deductions and agency con- tributions in payment for the coverage, rights, and benefits for the period of employment with the international organization are cur- rently deposited in the Employees’ Life Insur- ance Fund and the Employees’ Health Benefits Fund, as applicable, and the period during which coverage, rights, and benefits are re- tained under this paragraph is deemed service as an employee under chapters 87 and 89 of this title; (3) to retain coverage, rights, and benefits under subchapter I of chapter 81 of this title, and for this purpose his employment with the international organization is deemed employ- ment by the United States, but if he or his de- pendents receive from the international orga- nization a payment, allowance, gratuity, pay- ment under an insurance policy for which the premium is wholly paid by the international organization, or other benefit of any kind on account of the same injury or death, the amount thereof is credited against disability or death compensation, as the case may be, payable under subchapter I of chapter 81 of this title; and (4) to elect to retain to his credit all accu- mulated and current accrued annual leave to which entitled at the time of transfer which would otherwise be liquidated by a lump-sum payment. On his request at any time before re- employment, he shall be paid for the annual leave retained. If he receives a lump-sum pay- ment and is reemployed within 6 months after transfer, he shall refund to the agency the amount of the lump-sum payment. This para- graph does not operate to cause a forfeiture of retained annual leave following reemployment or to deprive an employee of a lump-sum pay- ment to which he would otherwise be entitled. (b) An employee entitled to the benefits of subsection (a) of this section is entitled to be re- employed within 30 days of his application for reemployment in his former position or a posi- tion of like seniority, status, and pay in the agency from which he transferred, if— (1) he is separated from the international or- ganization within 5 years, or any extension thereof, after entering on duty with the inter- national organization or within such shorter period as may be named by the head of the agency at the time of consent to transfer; and (2) he applies for reemployment not later than 90 days after the separation. On reemployment, an employee entitled to the benefits of subsection (a) is entitled to the rate of basic pay to which the employee would have been entitled had the employee remained in the civil service. On reemployment, the agency shall restore the sick leave account of the employee, by credit or charge, to its status at the time of transfer. The period of separation caused by the employment of the employee with the inter- national organization and the period necessary to effect reemployment are deemed creditable service for all appropriate civil service employ- ment purposes. This subsection does not apply to a congressional employee. (c) This section applies only with respect to so much of a period of employment with an inter- national organization as does not exceed 5 years, or any extension thereof, or such shorter period named by the head of the agency at the time of consent to transfer, except that for retirement and insurance purposes this section continues to apply during the period after separation from the international organization in which— (1) an employee, except a Congressional em- ployee, is properly exercising or could exercise the reemployment right established by sub- section (b) of this section; or (2) a Congressional employee is effecting or could effect a reemployment. During that reemployment period, the employee is deemed on leave without pay for retirement and insurance purposes. (d) During the employee’s period of service with the international organization, the agency from which the employee is transferred shall make contributions for retirement and insur- ance purposes from the appropriations or funds of that agency so long as contributions are made by the employee. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 430; Pub. L. 91–175, pt. V, § 502(c)–(f), Dec. 30, 1969, 83 Stat. 825, 826; Pub. L. 94–183, § 2(10), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 105–277, div. G, subdiv. B, title XXV, § 2504(a), Oct. 21, 1998, 112 Stat. 2681–837.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2333 (less (c)). Aug. 28, 1958, Pub. L. 85–795 § 4 (less (c)), 72 Stat. 960. In subsection (a), the words ‘‘Notwithstanding the provisions of any law, Executive order, or regulation’’ are omitted as unnecessary. In paragraph (2), the words ‘‘an employee under chapter 87 of this title’’ are sub- stituted for ‘‘an officer or employee of the United States’’. In paragraph (4), the words ‘‘under no cir- cumstances’’ are omitted as unnecessary. 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 1998—Subsec. (b). Pub. L. 105–277 inserted concluding provisions and struck out former concluding provisions which read as follows: ‘‘On reemployment, he is enti- tled to the rate of basic pay to which he would be enti- tled had he remained in the civil service. On reemploy- ment, the agency shall restore his sick leave account, by credit or charge, to its status at the time of trans- Page 455 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3584 fer. The period of separation caused by his employment with the international organization and the period nec- essary to effect reemployment are deemed creditable service for all appropriate civil service employment purposes. On reemployment, he is entitled to be paid, under such regulations as the President may prescribe and from appropriations or funds of the agency from which transferred, an amount equal to the difference between the pay, allowances, post differential, and other monetary benefits paid by the international orga- nization and the pay, allowances, post differential, and other monetary benefits that would have been paid by the agency had he been detailed to the international organization under section 3343 of this title. Such a payment shall be made to an employee who is unable to exercise his reemployment right because of disability incurred while on transfer to an international organiza- tion under this subchapter and, in the case of any em- ployee who dies while on such a transfer or during the period after separation from the international organi- zation in which he is properly exercising or could exer- cise his reemployment right, in accordance with sub- chapter VIII of chapter 55 of this title. This subsection does not apply to a congressional employee nor may any payment provided for in the preceding two sen- tences of this subsection be based on a period of em- ployment with an international organization occurring before the first day of the first pay period which begins after December 29, 1969.’’ 1975—Subsec. (b). Pub. L. 94–183 substituted ‘‘after De- cember 29, 1969’’ for ‘‘on or after the date of enactment of the Foreign Assistance Act of 1969’’ in last sentence. 1969—Subsec. (a). Pub. L. 91–175, § 502(c), inserted pro- vision at end of cl. (1) excepting from creditable serv- ice, for the purpose of any retirement system, an agen- cy employee who transfers to an international organi- zation, if such service forms the basis for an annuity or pension under the retirement system of the inter- national organization, and, in cl. (2), inserted ref- erences to chapter 89 and Employees’ Health Benefits Fund. Subsec. (b). Pub. L. 91–175, § 502(d), struck out ‘‘, except a Congressional employee,’’ in provisions pre- ceding cl. (1), substituted ‘‘5 years or any extension thereof,’’ for ‘‘3 years’’ in cl. (1), and, in provisions fol- lowing cl. (2), inserted provision dealing with pay dif- ferentials to be received by former agency employee on reemployment with agency after service with inter- national organization. Subsec. (c). Pub. L. 91–175, § 502(e), substituted ‘‘5 years, or any extension thereof,’’ for ‘‘3 years’’. Subsec. (d). Pub. L. 91–175, § 502(f), made contributions for retirement and insurance purposes mandatory by the agency from which employee is transferred, during employee’s period of service with international organi- zation, so long as contributions are made by employee. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–277, div. G, subdiv. B, title XXV, § 2504(b), Oct. 21, 1998, 112 Stat. 2681–837, provided that: ‘‘The amendment made by subsection (a) [amending this sec- tion] shall apply with respect to transfers that take ef- fect on or after the date of enactment of this Act [Oct. 21, 1998].’’ Executive Documents DELEGATION OF AUTHORITY Authority of President under subsec. (b) of this sec- tion delegated to Office of Personnel Management, and authority to define and specify pay, allowances, etc., to be paid by the agency, delegated to Secretary of State, see section 3 of Ex. Ord. No. 11552, Aug. 24, 1970, 35 F.R. 13569, set out as a note under section 3584 of this title. § 3583. Computations A computation under this subchapter before reemployment is made in the same manner as if the employee had received basic pay, or basic pay plus additional pay in the case of a Congres- sional employee, at the rate at which it would have been payable had the employee continued in the position in which he was serving at the time of transfer. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 431.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2333(c). Aug. 28, 1958, Pub. L. 85–795, § 4(c), 72 Stat. 961. 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. § 3584. Regulations The President may prescribe regulations nec- essary to carry out this subchapter and section 3343 of this title and to protect and assure the retirement, insurance, leave, and reemployment rights and such other similar civil service em- ployment rights as he finds appropriate. The regulations may provide for the exclusion of em- ployees from the application of this subchapter and section 3343 of this title on the basis of the nature and type of employment including ex- cepted appointments of a confidential or policy- determining character, or conditions pertaining to the employment including short-term ap- pointments, seasonal or intermittent employ- ment, and part-time employment. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 431.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2334. Aug. 28, 1958, Pub. L. 85–795, § 5, 72 Stat. 961. The words ‘‘civil service employment rights’’ are sub- stituted for ‘‘Federal employment rights’’. The word ‘‘including’’ is substituted for ‘‘such as, but not limited to’’. 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. Executive Documents EXECUTIVE ORDER NO. 10804 Ex. Ord. No. 10804, Feb. 12, 1959, 24 F.R. 1147, which delegated to the United States Civil Service Commis- sion the authority vested in the President by section 5 of the Federal Employees International Organization Service Act (72 Stat. 961) [now this section], was re- voked by Ex. Ord. No. 11552, Aug. 24, 1970, 35 F.R. 13569, set out below. EX. ORD. NO. 11552. PROVIDING FOR DETAILS AND TRANS- FERS OF FEDERAL EMPLOYEES TO INTERNATIONAL OR- GANIZATIONS Ex. Ord. No. 11552, Aug. 24, 1970, 35 F.R. 13569, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided: By virtue of the authority vested in me by section 301 of title 3 and section 3584 of title 5 [this section], United States Code, and as President of the United States, it is ordered as follows: SECTION 1. Leadership and coordination. The Secretary of State shall provide leadership and coordination for