---
kind: "section"
citation: "5 U.S.C. § 3582"
title: "5"
title_heading: "Government Organization and Employees"
number: "3582"
heading: "Rights of transferring employees"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/3582"
units:
  - "Part III — Employees"
  - "Subpart B — Employment and Retention"
  - "Chapter 35 — Retention Preference, Voluntary Separation Incentive Payments, Restoration, and Reemployment"
  - "Subchapter IV — Reemployment After Service with an International Organization"
---

# §3582. Rights of transferring employees

- (a) An [employee](/usc/5/3581.md?p=2) serving under an appointment not limited to 1 year or less who [transfers](/usc/5/3581.md?p=4) to an [international organization](/usc/5/3581.md?p=3) with the consent of the head of his [agency](/usc/5/3581.md?p=1) is entitled—
  - (1) to retain coverage, rights, and benefits under any [system](/usc/5/8401.md?p=29) established by law for the retirement of [employees](/usc/5/3581.md?p=2), if necessary [employee](/usc/5/3581.md?p=2) deductions and [agency](/usc/5/3581.md?p=1) contributions in payment for the coverage, rights, and benefits for the period of employment with the [international organization](/usc/5/3581.md?p=3) are currently deposited in the [system](/usc/5/8401.md?p=29)’s [fund](/usc/5/8401.md?p=6) or depository; and the period during which coverage, rights, and benefits are retained under this paragraph is deemed creditable [service](/usc/5/8401.md?p=26) under the [system](/usc/5/8401.md?p=29), except that such [service](/usc/5/8401.md?p=26) shall not be considered creditable [service](/usc/5/8401.md?p=26) for the purpose of any retirement [system](/usc/5/8401.md?p=29) for transferring personnel, if such [service](/usc/5/8401.md?p=26) forms the basis, in whole or in part, for an annuity or pension under the retirement [system](/usc/5/8401.md?p=29) of the [international organization](/usc/5/3581.md?p=3);
  - (2) to retain coverage, rights, and benefits under chapters [87](/usc/5/chptIII/sptG/ch87.md) and [89](/usc/5/chptIII/sptG/ch89.md) of this title, if necessary [employee](/usc/5/3581.md?p=2) deductions and [agency](/usc/5/3581.md?p=1) contributions in payment for the coverage, rights, and benefits for the period of employment with the [international organization](/usc/5/3581.md?p=3) are currently deposited in the [Employees](/usc/5/3581.md?p=2)’ Life Insurance [Fund](/usc/5/8401.md?p=6) and the [Employees](/usc/5/3581.md?p=2)’ Health Benefits [Fund](/usc/5/8401.md?p=6), as applicable, and the period during which coverage, rights, and benefits are retained under this paragraph is deemed [service](/usc/5/8401.md?p=26) as an [employee](/usc/5/3581.md?p=2) under chapters [87](/usc/5/chptIII/sptG/ch87.md) and [89](/usc/5/chptIII/sptG/ch89.md) of this title;
  - (3) to retain coverage, rights, and benefits under subchapter I of [chapter 81](/usc/5/chptIII/sptG/ch81.md) of this title, and for this purpose his employment with the [international organization](/usc/5/3581.md?p=3) is deemed employment by the [United States](/usc/5/7103.md?p=a-18), but if he or his [dependents](/usc/5/8951.md?p=2) receive from the [international organization](/usc/5/3581.md?p=3) a payment, allowance, gratuity, payment under an insurance policy for which the premium is wholly paid by the [international organization](/usc/5/3581.md?p=3), or other benefit of any kind on [account](/usc/5/8401.md?p=1) 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](/usc/5/chptIII/sptG/ch81.md) of this title; and
  - (4) to elect to retain to his credit all accumulated and current accrued annual leave to which entitled at the time of [transfer](/usc/5/3581.md?p=4) which would otherwise be liquidated by a lump-sum payment. On his request at any time before [reemployment](/usc/5/3581.md?p=5), he shall be paid for the annual leave retained. If he receives a lump-sum payment and is reemployed within 6 months after [transfer](/usc/5/3581.md?p=4), he shall refund to the [agency](/usc/5/3581.md?p=1) the amount of the lump-sum payment. This paragraph does not operate to cause a forfeiture of retained annual leave following [reemployment](/usc/5/3581.md?p=5) or to deprive an [employee](/usc/5/3581.md?p=2) of a lump-sum payment to which he would otherwise be entitled.
- (b) An [employee](/usc/5/3581.md?p=2) entitled to the benefits of [subsection (a)](#a) of this section is entitled to be reemployed within 30 days of his application for [reemployment](/usc/5/3581.md?p=5) in his former [position](/usc/5/5102.md?p=a-3) or a [position](/usc/5/5102.md?p=a-3) of like seniority, status, and [pay](/usc/5/7511.md?p=a-4) in the [agency](/usc/5/3581.md?p=1) from which he transferred, if—
  - (1) he is separated from the [international organization](/usc/5/3581.md?p=3) within 5 years, or any extension thereof, after entering on duty with the [international organization](/usc/5/3581.md?p=3) or within such shorter period as may be named by the head of the [agency](/usc/5/3581.md?p=1) at the time of consent to [transfer](/usc/5/3581.md?p=4); and
  - (2) he applies for [reemployment](/usc/5/3581.md?p=5) not later than 90 days after the separation.

  On [reemployment](/usc/5/3581.md?p=5), an [employee](/usc/5/3581.md?p=2) entitled to the benefits of [subsection (a)](#a) is entitled to the rate of [basic pay](/usc/5/8401.md?p=4) to which the [employee](/usc/5/3581.md?p=2) would have been entitled had the [employee](/usc/5/3581.md?p=2) remained in the civil [service](/usc/5/8401.md?p=26). On [reemployment](/usc/5/3581.md?p=5), the [agency](/usc/5/3581.md?p=1) shall restore the sick leave [account](/usc/5/8401.md?p=1) of the [employee](/usc/5/3581.md?p=2), by credit or charge, to its status at the time of [transfer](/usc/5/3581.md?p=4). The period of separation caused by the employment of the [employee](/usc/5/3581.md?p=2) with the [international organization](/usc/5/3581.md?p=3) and the period necessary to effect [reemployment](/usc/5/3581.md?p=5) are deemed creditable [service](/usc/5/8401.md?p=26) for all appropriate civil [service](/usc/5/8401.md?p=26) employment purposes. This subsection does not apply to a [congressional employee](/usc/5/5531.md?p=7).

- (c) This section applies only with respect to so much of a period of employment with an [international organization](/usc/5/3581.md?p=3) as does not exceed 5 years, or any extension thereof, or such shorter period named by the head of the [agency](/usc/5/3581.md?p=1) at the time of consent to [transfer](/usc/5/3581.md?p=4), except that for retirement and insurance purposes this section continues to apply during the period after separation from the [international organization](/usc/5/3581.md?p=3) in which—
  - (1) an [employee](/usc/5/3581.md?p=2), except a [Congressional employee](/usc/5/5531.md?p=7), is properly exercising or could exercise the [reemployment](/usc/5/3581.md?p=5) right established by [subsection (b)](#b) of this section; or
  - (2) a [Congressional employee](/usc/5/5531.md?p=7) is effecting or could effect a [reemployment](/usc/5/3581.md?p=5).

  During that [reemployment](/usc/5/3581.md?p=5) period, the [employee](/usc/5/3581.md?p=2) is deemed on leave without [pay](/usc/5/7511.md?p=a-4) for retirement and insurance purposes.

- (d) During the [employee](/usc/5/3581.md?p=2)’s period of [service](/usc/5/8401.md?p=26) with the [international organization](/usc/5/3581.md?p=3), the [agency](/usc/5/3581.md?p=1) from which the [employee](/usc/5/3581.md?p=2) is transferred shall make contributions for retirement and insurance purposes from the appropriations or [funds](/usc/5/8401.md?p=6) of that [agency](/usc/5/3581.md?p=1) so long as contributions are made by the [employee](/usc/5/3581.md?p=2).

## Source credit

(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.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Derivation | U.S. Code | Revised Statutes and<br>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 substituted for “an officer or employee of the United States”. In paragraph (4), the words “under no circumstances” are omitted as unnecessary.

Standard changes are made to conform with the definitions 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 entitled to the rate of basic pay to which he would be entitled had he remained in the civil service. On reemployment, the agency shall restore his sick leave account, by credit or charge, to its status at the time of transfer. The period of separation caused by his employment with the international organization and the period necessary 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 organization 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 organization under this subchapter and, in the case of any employee who dies while on such a transfer or during the period after separation from the international organization in which he is properly exercising or could exercise his reemployment right, in accordance with subchapter 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 sentences of this subsection be based on a period of employment 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 December 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 provision at end of cl. (1) excepting from creditable service, for the purpose of any retirement system, an agency employee who transfers to an international organization, if such service forms the basis for an annuity or pension under the retirement system of the international organization, and, in cl. (2), inserted references to chapter 89 and Employees’ Health Benefits Fund.

Subsec. (b). Pub. L. 91–175, § 502(d), struck out “, except a Congressional employee,” in provisions preceding cl. (1), substituted “5 years or any extension thereof,” for “3 years” in cl. (1), and, in provisions following cl. (2), inserted provision dealing with pay differentials to be received by former agency employee on reemployment with agency after service with international 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 organization, 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 section] shall apply with respect to transfers that take effect 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 section 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.