Chapter 35, Subchapter I, Section 3501, Subsection (a) · 5 U.S.C. Chapter 35 — RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE PAYMENTS, RESTORATION, AND REEMPLOYMENT

Contents

(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 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.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 9

Show every defined term

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;
active service
has the meaning given it by section 101 of title 37;
agency
means an Executive agency as defined under section 105 (other than the Government Accountability Office);
employee
means an employee in or under an agency;
furlough
means the placement of a senior executive in a temporary status in which the senior executive has no duties and is not paid when the placement in such status is by reason of insufficient work or funds or for other nondisciplinary reasons.
international organization
means a public international organization or international-organization preparatory commission in which the Government of the United States participates;
reduction in force
includes the elimination or modification of a position due to a reorganization, due to a lack of funds or curtailment of work, or due to any other factor.
reemployment
means— 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 extending beyond the first 5 consecutive years, or any extension thereof, after entering the employ of the international organization.
transfer
means the change of position by an employee from an agency to an international organization;