5 U.S.C. § 3501 — Definitions; application

Page 445 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3502 2002—Pub. L. 107–296, title XIII, § 1313(a)(1)(B), Nov. 25, 2002, 116 Stat. 2294, substituted ‘‘RETENTION PREF- ERENCE, VOLUNTARY SEPARATION INCENTIVE PAYMENTS, RESTORATION, AND REEMPLOY- MENT’’ for ‘‘RETENTION PREFERENCE, RESTORA- TION, AND REEMPLOYMENT’’ in chapter heading and added item for subchapter II and items 3521 to 3525. 1994—Pub. L. 103–353, § 2(b)(2)(C), Oct. 13, 1994, 108 Stat. 3169, struck out item for subchapter II ‘‘RES- TORATION AFTER ACTIVE DUTY OR TRAINING DUTY’’ and item 3551 ‘‘Restoration; Reserves and Na- tional Guardsmen’’. 1984—Pub. L. 98–615, title III, § 306(c)(2), Nov. 8, 1984, 98 Stat. 3220, added item 3595a. 1981—Pub. L. 97–35, title XVII, § 1704(a)(2), Aug. 13, 1981, 95 Stat. 757, redesignated item 3595 as 3596, and added item 3595. 1980—Pub. L. 96–465, title II, § 2301(b), Oct. 17, 1980, 94 Stat. 2164, added item for subchapter VI and item 3597. 1978—Pub. L. 95–454, title IV, § 404(c), Oct. 13, 1978, 92 Stat. 1167, added item for subchapter V and items 3591 to 3595. SUBCHAPTER I—RETENTION PREFERENCE § 3501. Definitions; application (a) For the purpose of this subchapter, except section 3504— (1) ‘‘active service’’ has the meaning given it by section 101 of title 37; (2) ‘‘a retired member of a uniformed serv- ice’’ means a member or former member of a uniformed service who is entitled, under stat- ute, 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 con- sidered a preference eligible only if— (A) his retirement was based on dis- ability— (i) resulting from injury or disease re- ceived 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, re- gardless of when performed but not includ- ing periods of active duty for training; or (C) on November 30, 1964, he was employed in a position to which this subchapter ap- plies 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 sub- section and section 3504 of this title, this sub- chapter applies to each employee in or under an Executive agency. This subchapter does not apply to an employee whose appointment is re- quired 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 En- forcement Administration Senior Executive Service. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 428; Pub. L. 94–183, § 2(8), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95–454, title IV, § 404(a), Oct. 13, 1978, 92 Stat. 1165; Pub. L. 100–325, § 2(e), May 30, 1988, 102 Stat. 581; Pub. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a)(1), (2) ... 5 U.S.C. 3101 (as ap- plicable to 5 U.S.C. 861). Aug. 19, 1964, Pub. L. 88–448, § 101 (as applicable to § 202), 78 Stat. 484. (a)(3) ......... 5 U.S.C. 861(b). June 27, 1944, ch. 287, § 12(b); added Aug. 19, 1964, Pub. L. 88–448, § 202(4) (‘‘(b)’’), 78 Stat. 486. In subsection (a), the definitions of ‘‘uniformed serv- ices’’ and ‘‘armed forces’’ are omitted as unnecessary in view of the definitions in section 2101. The definition of ‘‘civilian office’’ is omitted as unnecessary as sub- section (b) of this section states the application of this subchapter. In subsection (a)(3), the words ‘‘Notwithstanding any other provision of this Act’’ are omitted as unneces- sary. The words ‘‘preference eligible employee’’ are co- extensive with and substituted for ‘‘employee * * * in- cluded under section 2 of this Act’’ in view of the defi- nition of preference eligible in section 2108. In para- graph (3)(C), the words ‘‘on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed’’ are substituted for ‘‘immediately prior to the effective date of this subsection, he was employed in a civilian office to which this Act applies and, on and after such date, he continues to be employed in any such office’’. Subsection (b) is supplied on authority of sections 2, 12, and 20 of the Act of June 27, 1944, ch. 287, 58 Stat. 387, 391, which are carried into this title. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preference to the report. Editorial Notes AMENDMENTS 1991—Subsec. (a)(3)(A)(ii). Pub. L. 102–83 substituted reference to section 1101 of title 38 for reference to sec- tion 301 of title 38. 1988—Subsec. (b). Pub. L. 100–325 inserted reference to Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service. 1978—Subsec. (b). Pub. L. 95–454 inserted reference to a member of Senior Executive Service. 1975—Subsec. (b). Pub. L. 94–183 struck out ‘‘, except an employee whose appointment is made under section 3311 of title 39’’ after ‘‘or made with the advice and con- sent of, the Senate’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415 of Pub. L. 95–454, set out as an Effective Date note under section 3131 of this title. § 3502. Order of retention (a) The Office of Personnel Management shall prescribe regulations for the release of com- peting employees in a reduction in force which give due effect to— (1) tenure of employment; (2) military preference, subject to section 3501(a)(3) of this title; (3) length of service; and (4) efficiency or performance ratings. In computing length of service, a competing em- ployee— (A) who is not a retired member of a uni- formed service is entitled to credit for the