§5402. Definitions — Inbound Citations

Citations to §5402(3)

• 5 U.S.C. § 2104(a)(3)

  Go to provision →
  (3) subject to the supervision of an authority named by paragraph (1) of this section, or the Judicial Conference of the United States, while engaged in the performance of the duties of his office.
• 5 U.S.C. § 2105(c)(1)

  Go to provision →
  (1) laws administered by the Office of Personnel Management, except—

  (A) section 7204;

  (B) as otherwise specifically provided in this title;

  (C) the Fair Labor Standards Act of 1938;

  (D) for the purpose of entering into an interchange agreement to provide for the noncompetitive movement of employees between such instrumentalities and the competitive service; or

  (E) subchapter V of chapter 63, which shall be applied so as to construe references to benefit programs to refer to applicable programs for employees paid from nonappropriated funds; or
• 5 U.S.C. § 2105(d)

  Go to provision →
  (d) A Reserve of the armed forces who is not on active duty or who is on active duty for training is deemed not an employee or an individual holding an office of trust or profit or discharging an official function under or in connection with the United States because of his appointment, oath, or status, or any duties or functions performed or pay or allowances received in that capacity.
• 5 U.S.C. § 2107(3)

  Go to provision →
  (3) the Legislative Counsel of either House and an employee of his office;
• 5 U.S.C. § 2107(9)

  Go to provision →
  (9) an employee of the Office of Congressional Accessibility Services.
• 5 U.S.C. § 2302(a)(2)(C)(ii)(I)

  Go to provision →
  (I) the Federal Bureau of Investigation, the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office; and
• 5 U.S.C. § 2302(a)(2)(C)(iii)

  Go to provision →
  (iii) the Government Accountability Office; and
• 5 U.S.C. § 2302(b)(13)(A)

  Go to provision →
  (A) does not contain the following statement: “These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General or the Office of Special Counsel of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.”; or
• 5 U.S.C. § 2302(c)(2)(C)(ii)

  Go to provision →
  (ii) the role of the Office of Special Counsel and the Merit Systems Protection Board with respect to whistleblower protections; and
• 5 U.S.C. § 2302(e)(1)(G)

  Go to provision →
  (G) Any other provision of law that the Director of the Office of Personnel Management designates in regulations as being a veterans’ preference requirement for the purposes of this subsection.
• 5 U.S.C. § 2303(a)(1)(C)

  Go to provision →
  (C) to the Office of Professional Responsibility of the Department of Justice;
• 5 U.S.C. § 2303(a)(1)(D)

  Go to provision →
  (D) to the Office of Professional Responsibility of the Federal Bureau of Investigation;
• 5 U.S.C. § 2303(a)(1)(G)

  Go to provision →
  (G) to the Office of Special Counsel; or
• 5 U.S.C. § 2303(a)(1)(H)

  Go to provision →
  (H) to an employee designated by any officer, employee, office, or division described in subparagraphs (A) through (G) for the purpose of receiving such disclosures; and
• 5 U.S.C. § 2305

  Go to provision →
  If requested by either House of the Congress (or any committee thereof), or if considered necessary by the Comptroller General, the Government Accountability Office shall conduct audits and reviews to assure compliance with the laws, rules, and regulations governing employment in the executive branch and in the competitive service and to assess the effectiveness and soundness of Federal personnel management.
• 5 U.S.C. § 2903(a)

  Go to provision →
  (a) The oath of office required by section 3331 of this title may be administered by an individual authorized by the laws of the United States or local law to administer oaths in the State, District, or territory or possession of the United States where the oath is administered.
• 5 U.S.C. § 2903(b)(1)

  Go to provision →
  (1) the oath of office required by section 3331 of this title, incident to entrance into the executive branch; or
• 5 U.S.C. § 2904

  Go to provision →
  An employee of an Executive agency who is authorized to administer the oath of office required by section 3331 of this title, or any other oath required by law in connection with employment in the executive branch, may not charge or receive a fee or pay for administering the oath.
• 5 U.S.C. § 2905(a)

  Go to provision →
  (a) An employee of an Executive agency or an individual employed by the government of the District of Columbia who, on original appointment, subscribed to the oath of office required by section 3331 of this title is not required to renew the oath because of a change in status so long as his service is continuous in the agency in which he is employed, unless, in the opinion of the head of the Executive agency, the Secretary of a military department with respect to an employee of his department, or the Commissioners of the District of Columbia, the public interest so requires.
• 5 U.S.C. § 2905(b)

  Go to provision →
  (b) An individual who, on appointment as an employee of a House of Congress, subscribed to the oath of office required by section 3331 of this title is not required to renew the oath so long as his service as an employee of that House of Congress is continuous.
• 5 U.S.C. § 2906

  Go to provision →
  The oath of office taken by an individual under section 3331 of this title shall be delivered by him to, and preserved by, the House of Congress, agency, or court to which the office pertains.
• 5 U.S.C. § 2951(1)

  Go to provision →
  (1) the appointing authority notify the Office of Personnel Management in writing of the following actions and their dates as to each individual selected for appointment in the competitive service from among those who have been examined—

  (A) appointment and residence of appointee;

  (B) separation during probation;

  (C) transfer;

  (D) resignation; and

  (E) removal; and
• 5 U.S.C. § 2951(2)

  Go to provision →
  (2) the Office keep records of these actions.
• 5 U.S.C. § 2953(b)(3)

  Go to provision →
  (3) the Government Accountability Office.
• 5 U.S.C. § 3102(a)(1)(C)

  Go to provision →
  (C) an office, agency, or other establishment in the judicial branch;
• 5 U.S.C. § 3102(d)(2)(A)

  Go to provision →
  (A) the amount paid to that individual shall not exceed the limit or limits which the Office of Personnel Management shall prescribe by regulation to ensure that the payment does not exceed amounts (including pay and, if appropriate, travel expenses and per diem allowances) which could be paid to an employee assigned to accompany or assist the handicapped employee; and
• 5 U.S.C. § 3104(a)

  Go to provision →
  (a) The Director of the Office of Personnel Management may establish, and from time to time revise, the maximum number of scientific or professional positions for carrying out research and development functions which require the services of specially qualified personnel which may be established outside of the General Schedule. Any such position may be established by action of the Director or, under such standards and procedures as the Office prescribes and publishes in such form as the Director may determine (including procedures under which the prior approval of the Director may be required), by agency action.
• 5 U.S.C. § 3109(d)

  Go to provision →
  (d) The Office of Personnel Management shall prescribe regulations necessary for the administration of this section. Such regulations shall include—

  (1) criteria governing the circumstances in which it is appropriate to employ an expert or consultant under the provisions of this section;

  (2) criteria for setting the pay of experts and consultants under this section; and

  (3) provisions to ensure compliance with such regulations.
• 5 U.S.C. § 3109(e)

  Go to provision →
  (e) Each agency shall report to the Office of Personnel Management on an annual basis with respect to—

  (1) the number of days each expert or consultant employed by the agency during the period was so employed; and

  (2) the total amount paid by the agency to each expert and consultant for such work during the period.
• 5 U.S.C. § 3110(a)(1)(B)

  Go to provision →
  (B) an office, agency, or other establishment in the legislative branch;
• 5 U.S.C. § 3110(a)(1)(C)

  Go to provision →
  (C) an office, agency, or other establishment in the judicial branch; and
• 5 U.S.C. § 3110(d)

  Go to provision →
  (d) The Office of Personnel Management may prescribe regulations authorizing the temporary employment, in the event of emergencies resulting from natural disasters or similar unforeseen events or circumstances, of individuals whose employment would otherwise be prohibited by this section.
• 5 U.S.C. § 3111(a)

  Go to provision →
  (a) For the purpose of this section, “student” means an individual who is enrolled, not less than half-time, in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution. An individual who is a student is deemed not to have ceased to be a student during an interim between school years if the interim is not more than 5 months and if such individual shows to the satisfaction of the Office of Personnel Management that the individual has a bona fide intention of continuing to pursue a course of study or training in the same or different educational institution during the school semester (or other period into which the school year is divided) immediately after the interim.
• 5 U.S.C. § 3111(b)

  Go to provision →
  (b) Notwithstanding section 1342 of title 31, the head of an agency may accept, subject to regulations issued by the Office, voluntary service for the United States if the service—

  (1) is performed by a student, with the permission of the institution at which the student is enrolled, as part of an agency program established for the purpose of providing educational experiences for the student;

  (2) is to be uncompensated; and

  (3) will not be used to displace any employee.
• 5 U.S.C. § 3111(d)

  Go to provision →
  (d) Notwithstanding section 1342 of title 31, the head of an agency may accept voluntary service for the United States under chapter 37 of this title and regulations of the Office of Personnel Management.
• 5 U.S.C. § 3111(e)(1)

  Go to provision →
  (1) For purposes of this section the term “agency” shall include the Architect of the Capitol. With respect to the Architect of the Capitol, the authority granted to the Office of Personnel Management under this section shall be exercised by the Architect of the Capitol.
• 5 U.S.C. § 3111(e)(2)

  Go to provision →
  (2) In this section, the term “agency” includes the Congressional Budget Office, except that in the case of the Congressional Budget Office—

  (A) any student who provides voluntary service in accordance with this section shall be considered an employee of the Congressional Budget Office for purposes of section 203 of the Congressional Budget Act of 1974 (relating to the level of confidentiality of budget data); and

  (B) the authority granted to the Office of Personnel Management under this section shall be exercised by the Director of the Congressional Budget Office.
• 5 U.S.C. § 3111(e)(2)(A)

  Go to provision →
  (A) any student who provides voluntary service in accordance with this section shall be considered an employee of the Congressional Budget Office for purposes of section 203 of the Congressional Budget Act of 1974 (relating to the level of confidentiality of budget data); and
• 5 U.S.C. § 3111(e)(2)(B)

  Go to provision →
  (B) the authority granted to the Office of Personnel Management under this section shall be exercised by the Director of the Congressional Budget Office.
• 5 U.S.C. § 3111a(b)(1)

  Go to provision →
  (1) The Office of Personnel Management shall make publicly available on the Internet—

  (A) the name and contact information of the internship coordinator for each agency; and

  (B) information regarding application procedures and deadlines for each internship program.
• 5 U.S.C. § 3111a(b)(2)

  Go to provision →
  (2) The Office of Personnel Management shall make publicly available on the Internet links to the websites where the information described in paragraph (1) is displayed.
• 5 U.S.C. § 3112

  Go to provision →
  Under such regulations as the Office of Personnel Management shall prescribe, an agency may make a noncompetitive appointment leading to conversion to career or career-conditional employment of a disabled veteran who has a compensable service-connected disability of 30 percent or more.
• 5 U.S.C. § 3115(a)(1)

  Go to provision →
  (1) The term “Director” means the Director of the Office of Personnel Management.
• 5 U.S.C. § 3116(a)(1)

  Go to provision →
  (1) The term “Director” means the Director of the Office of Personnel Management.
• 5 U.S.C. § 3132(a)(1)

  Go to provision →
  (1) “agency” means an Executive agency, except a Government corporation and the Government Accountability Office, but does not include—

  (A) any agency or unit thereof excluded from coverage by the President under subsection (c) of this section; or

  (B) the Federal Bureau of Investigation, the Drug Enforcement Administration, the Central Intelligence Agency, the Office of the Director of National Intelligence, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, Department of Defense intelligence activities the civilian employees of which are subject to section 1590 of title 10, and, as determined by the President, an Executive agency, or unit thereof, whose principal function is the conduct of foreign intelligence or counterintelligence activities;

  (C) the Federal Election Commission or the Election Assistance Commission;

  (D) the Office of the Comptroller of the Currency, the Office of Thrift Supervision,,¹ the Resolution Trust Corporation, the Farm Credit Administration, the Federal Housing Finance Agency, the National Credit Union Administration, the Bureau of Consumer Financial Protection, and the Office of Financial Research;

  (E) the Securities and Exchange Commission; or

  (F) the Commodity Futures Trading Commission;
• 5 U.S.C. § 3132(a)(1)(B)

  Go to provision →
  (B) the Federal Bureau of Investigation, the Drug Enforcement Administration, the Central Intelligence Agency, the Office of the Director of National Intelligence, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, Department of Defense intelligence activities the civilian employees of which are subject to section 1590 of title 10, and, as determined by the President, an Executive agency, or unit thereof, whose principal function is the conduct of foreign intelligence or counterintelligence activities;
• 5 U.S.C. § 3132(a)(1)(D)

  Go to provision →
  (D) the Office of the Comptroller of the Currency, the Office of Thrift Supervision,,¹ the Resolution Trust Corporation, the Farm Credit Administration, the Federal Housing Finance Agency, the National Credit Union Administration, the Bureau of Consumer Financial Protection, and the Office of Financial Research;
• 5 U.S.C. § 3132(a)(4)

  Go to provision →
  (4) “career appointee” means an individual in a Senior Executive Service position whose appointment to the position or previous appointment to another Senior Executive Service position was based on approval by the Office of Personnel Management of the executive qualifications of such individual;
• 5 U.S.C. § 3132(b)(1)

  Go to provision →
  (1) For the purpose of paragraph (8) of subsection (a) of this section, the Office shall prescribe the criteria and regulations governing the designation of career reserved positions. The criteria and regulations shall provide that a position shall be designated as a career reserved position only if the filling of the position by a career appointee is necessary to ensure impartiality, or the public’s confidence in the impartiality, of the Government. The head of each agency shall be responsible for designating career reserved positions in such agency in accordance with such criteria and regulations.
• 5 U.S.C. § 3132(b)(2)

  Go to provision →
  (2) The Office shall periodically review general positions to determine whether the positions should be designated as career reserved. If the Office determines that any such position should be so designated, it shall order the agency to make the designation.
• 5 U.S.C. § 3132(b)(3)

  Go to provision →
  (3) Notwithstanding the provisions of any other law, any position to be designated as a Senior Executive Service position (except a position in the Executive Office of the President) which—

  (A) is under the Executive Schedule, or for which the rate of basic pay is determined by reference to the Executive Schedule, and

  (B) on the day before the date of the enactment of the Civil Service Reform Act of 1978 was specifically required under section 2102 of this title or otherwise required by law to be in the competitive service,

  shall be designated as a career reserved position if the position entails direct responsibility to the public for the management or operation of particular government programs or functions.
• 5 U.S.C. § 3132(c)

  Go to provision →
  (c) An agency may file an application with the Office setting forth reasons why it, or a unit thereof, should be excluded from the coverage of this subchapter. The Office shall—

  (1) review the application and stated reasons,

  (2) undertake a review to determine whether the agency or unit should be excluded from the coverage of this subchapter, and

  (3) upon completion of its review, recommend to the President whether the agency or unit should be excluded from the coverage of this subchapter.

  If the Office recommends that an agency or unit thereof be excluded from the coverage of this subchapter, the President may, on written determination, make the exclusion for the period determined by the President to be appropriate.
• 5 U.S.C. § 3132(e)

  Go to provision →
  (e) The Office may at any time recommend to the President that any exclusion previously granted to an agency or unit thereof under subsection (c) of this section be revoked. Upon recommendation of the Office, the President may revoke, by written determination, any exclusion made under subsection (c) of this section.
• 5 U.S.C. § 3132(f)

  Go to provision →
  (f) If—

  (1) any agency is excluded under subsection (c) of this section, or

  (2) any exclusion is revoked under subsection (e) of this section,

  the Office shall, within 30 days after the action, transmit to the Congress written notice of the exclusion or revocation.
• 5 U.S.C. § 3133(a)(2)

  Go to provision →
  (2) submit to the Office of Personnel Management a written request for a specific number of Senior Executive Service positions for each of such fiscal years.
• 5 U.S.C. § 3133(b)(1)

  Go to provision →
  (1) be based on the anticipated type and extent of program activities and budget requests of the agency for each of the 2 fiscal years involved, and such other factors as may be prescribed from time to time by the Office; and
• 5 U.S.C. § 3133(c)

  Go to provision →
  (c) The Office of Personnel Management, in consultation with the Office of Management and Budget, shall review the request of each agency and shall authorize, for each of the 2 fiscal years covered by requests required under subsection (a) of this section, a specific number of Senior Executive Service positions for each agency. Beginning in 2023, the number of such positions authorized under the preceding sentence for the Department of Defense may not exceed the limitation provided in section 1109 of the National Defense Authorization Act for Fiscal Year 2017.
• 5 U.S.C. § 3133(d)(1)

  Go to provision →
  (1) The Office of Personnel Management may, on a written request of an agency or on its own initiative, make an adjustment in the number of positions authorized for any agency. Each agency request under this paragraph shall be submitted in such form, and shall be based on such factors, as the Office shall prescribe.
• 5 U.S.C. § 3133(e)(1)

  Go to provision →
  (1) Not later than July 1, 1979, and from time to time thereafter as the Director of the Office of Personnel Management finds appropriate, the Director shall establish, by rule issued in accordance with section 1103(b) of this title, the number of positions out of the total number of positions in the Senior Executive Service, as authorized by this section or section 413 of the Civil Service Reform Act of 1978, which are to be career reserved positions. Except as provided in paragraph (2) of this subsection, the number of positions required by this subsection to be career reserved positions shall not be less than the number of the positions then in the Senior Executive Service which, before the date of such Act, were authorized to be filled only through competitive civil service examination.
• 5 U.S.C. § 3134(a)(2)

  Go to provision →
  (2) submit to the Office of Personnel Management, in accordance with regulations prescribed by the Office, a written request for authority to employ a specific number of noncareer appointees for such fiscal year.
• 5 U.S.C. § 3134(b)

  Go to provision →
  (b) The number of noncareer appointees in each agency shall be determined annually by the Office on the basis of demonstrated need of the agency. The total number of noncareer appointees in all agencies may not exceed 10 percent of the total number of Senior Executive Service positions in all agencies.
• 5 U.S.C. § 3134(c)

  Go to provision →
  (c) Subject to the 10 percent limitation of subsection (b) of this section, the Office may adjust the number of noncareer positions authorized for any agency under subsection (b) of this section if emergency needs arise that were not anticipated when the original authorizations were made.
• 5 U.S.C. § 3136

  Go to provision →
  The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.
• 5 U.S.C. § 3161(b)(2)

  Go to provision →
  (2) The period of an appointment under paragraph (1) may not exceed three years, except that under regulations prescribed by the Office of Personnel Management the period of appointment may be extended for up to an additional two years.
• 5 U.S.C. § 3161(d)(1)

  Go to provision →
  (1) The rate of basic pay for an employee appointed under subsection (b) shall be established under regulations prescribed by the Office of Personnel Management without regard to the provisions of chapter 51 and subchapter III of chapter 53 of this title.
• 5 U.S.C. § 3172(b)(1)

  Go to provision →
  (1) the Deputy Director for Management of the Office of Management and Budget;
• 5 U.S.C. § 3172(b)(2)

  Go to provision →
  (2) the Director of the Office of Personnel Management;
• 5 U.S.C. § 3172(b)(3)

  Go to provision →
  (3) the Administrator of the Office of Electronic Government of the Office of Management and Budget;
• 5 U.S.C. § 3304(a)(2)

  Go to provision →
  (2) The term “Director” means the Director of the Office.
• 5 U.S.C. § 3304(a)(4)(A)

  Go to provision →
  (A) the Office; or
• 5 U.S.C. § 3304(a)(5)

  Go to provision →
  (5) The term “Office” means the Office of Personnel Management.
• 5 U.S.C. § 3304(b)

  Go to provision →
  (b) The President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, for—

  (1) open, competitive examinations for testing applicants for appointment in the competitive service which are practical in character and as far as possible relate to matters that fairly test the relative capacity and fitness of the applicants for the appointment sought;

  (2) noncompetitive examinations when competent applicants do not compete after notice has been given of the existence of the vacancy; and

  (3) authority for agencies to appoint, without regard to the provision of sections 3309 through 3318, candidates directly to positions for which—

  (A) public notice has been given; and

  (B) the Office of Personnel Management has determined that there exists a severe shortage of candidates (or, with respect to the Department of Veterans Affairs, that there exists a severe shortage of highly qualified candidates) or that there is a critical hiring need.

  The Office shall prescribe, by regulation, criteria for identifying such positions and may delegate authority to make determinations under such criteria.
• 5 U.S.C. § 3304(b)(3)(B)

  Go to provision →
  (B) the Office of Personnel Management has determined that there exists a severe shortage of candidates (or, with respect to the Department of Veterans Affairs, that there exists a severe shortage of highly qualified candidates) or that there is a critical hiring need.
• 5 U.S.C. § 3304(c)(3)(B)(i)

  Go to provision →
  (i) the Director of the Office of Management and Budget;
• 5 U.S.C. § 3304(j)

  Go to provision →
  (j) The office² of Personnel Management shall promulgate regulations on the manner and extent that experience of an individual in a position other than the competitive service, such as the excepted service (as defined under section 2103) in the legislative or judicial branch, or in any private or nonprofit enterprise, may be considered in making appointments to a position in the competitive service (as defined under section 2102). In promulgating such regulations OPM shall not grant any preference based on the fact of service in the legislative or judicial branch. The regulations shall be consistent with the principles of equitable competition and merit based appointments.
• 5 U.S.C. § 3304(k)

  Go to provision →
  (k) Employees at any place outside the District of Columbia where the President or the Office of Personnel Management directs that examinations be held shall allow the reasonable use of public buildings for, and in all proper ways facilitate, holding the examinations.
• 5 U.S.C. § 3304(l)(5)

  Go to provision →
  (5) The Office of Personnel Management shall prescribe regulations necessary for the administration of this subsection. The regulations shall ensure that an individual who has completed an initial tour of active duty is not excluded from the application of this subsection because of having been released from such tour of duty shortly before completing 3 years of active service, having been honorably released from such duty.
• 5 U.S.C. § 3304(m)(5)

  Go to provision →
  (5) The Office of Personnel Management shall prescribe regulations necessary for the administration of this subsection.
• 5 U.S.C. § 3304a(a)(3)

  Go to provision →
  (3) the appointing authority (A) recommends to the Office of Personnel Management that the appointment of the individual be converted to a career appointment and (B) certifies to the Office that the work performance of the individual for the past 12 months has been satisfactory; and
• 5 U.S.C. § 3304a(a)(4)

  Go to provision →
  (4) he meets Office qualification requirements for the position and is otherwise eligible for career appointment.
• 5 U.S.C. § 3304a(d)

  Go to provision →
  (d) The Office of Personnel Management may prescribe regulations necessary for the administration of this section.
• 5 U.S.C. § 3305(a)

  Go to provision →
  (a) The Office of Personnel Management shall hold examinations for the competitive service at least twice a year in each State and territory or possession of the United States where there are individuals to be examined.
• 5 U.S.C. § 3305(b)

  Go to provision →
  (b) The Office shall hold an examination for a position to which an appointment has been made within the preceding 3 years, on the application of an individual who qualifies as a preference eligible under section 2108(3)(C)–(G) of this title. The examination shall be held during the quarter following the application.
• 5 U.S.C. § 3307(e)(2)(A)

  Go to provision →
  (A) In the case of the conversion of an agency function from performance by a contractor to performance by an employee of the agency, the head of the agency, in consultation with the Director of the Office of Personnel Management, may waive any maximum limit of age, determined or fixed for positions within such agency under paragraph (1), if necessary in order to promote the recruitment or appointment of experienced personnel.
• 5 U.S.C. § 3308

  Go to provision →
  The Office of Personnel Management or other examining agency may not prescribe a minimum educational requirement for an examination for the competitive service except when the Office decides that the duties of a scientific, technical, or professional position cannot be performed by an individual who does not have a prescribed minimum education. The Office shall make the reasons for its decision under this section a part of its public records.
• 5 U.S.C. § 3312(a)

  Go to provision →
  (a) In determining qualifications of a preference eligible for examination for, appointment in, or reinstatement in the competitive service, 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.
• 5 U.S.C. § 3312(a)(2)

  Go to provision →
  (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.
• 5 U.S.C. § 3312(b)

  Go to provision →
  (b) If an examining agency determines that, on the basis of evidence before it, a preference eligible under section 2108(3)(C) of this title 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 any such 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.
• 5 U.S.C. § 3314

  Go to provision →
  A preference eligible who resigns, on request to the Office of Personnel Management, is entitled to have his name placed again on all registers for which he may have been qualified, in the order named by section 3313 of this title.
• 5 U.S.C. § 3315(a)

  Go to provision →
  (a) A preference eligible who has been separated or furloughed without delinquency or misconduct, on request, is entitled to have his name placed on appropriate registers and employment lists for every position for which his qualifications have been established, in the order named by section 3313 of this title. This subsection applies to registers and employment lists maintained by the Office of Personnel Management, an Executive agency, or the government of the District of Columbia.
• 5 U.S.C. § 3315(b)

  Go to provision →
  (b) The Office may declare a preference eligible who has been separated or furloughed without pay under section 7512 of this title to be entitled to the benefits of subsection (a) of this section.
• 5 U.S.C. § 3317(a)(1)

  Go to provision →
  (1) The Director of the Office of Personnel Management, or the head of an agency to which the Director has delegated examining authority under section 1104(a)(2), shall certify a sufficient number of names from the top of the appropriate register or list of eligibles, as determined pursuant to regulations prescribed under subsection (c), and provide a certificate with such names to an appointing authority that has requested a certificate of eligibles to consider when filling a job in the competitive service.
• 5 U.S.C. § 3317(d)

  Go to provision →
  (d) In this section, the term “Director” means the Director of the Office of Personnel Management.
• 5 U.S.C. § 3318(a)

  Go to provision →
  (a) An appointing authority shall select for appointment from the eligibles certified for appointment on a certificate furnished under section 3317(a), unless objection to one or more of the individuals certified is made to, and sustained by, the Director of the Office of Personnel Management or the head of an agency to which the Director has delegated examining authority under section 1104(a)(2), for proper and adequate reason under regulations prescribed by the Director.
• 5 U.S.C. § 3318(c)(4)

  Go to provision →
  (4) In the case of a preference eligible described in paragraph (2), the functions of the Director under this subsection may not be delegated to an individual who is not an officer or employee of the Office of Personnel Management.
• 5 U.S.C. § 3318(d)

  Go to provision →
  (d) When the names of preference eligibles are on a reemployment list appropriate for the position to be filled, an appointing authority may appoint from a register of eligibles established after examination only an individual who qualifies as a preference eligible under subparagraph (C), (D), (E), (F), or (G) of section 2108(3).
• 5 U.S.C. § 3319(a)

  Go to provision →
  (a) The Office, in exercising its authority under section 3304, or an agency to which the Office has delegated examining authority under section 1104(a)(2), may establish category rating systems for evaluating applicants for positions in the competitive service, under 2 or more quality categories based on merit consistent with regulations prescribed by the Office of Personnel Management, rather than assigned individual numerical ratings.
• 5 U.S.C. § 3319(c)(2)

  Go to provision →
  (2) Under regulations prescribed by the Office of Personnel Management, appointing officials other than the appointing official described in paragraph (1) (in this subsection referred to as the “other appointing official”) may select an applicant for an appointment to a position that is—

  (A) in the same occupational series as the position for which the certification of eligibles was issued (in this subsection referred to as the “original position”); and

  (B) at a similar grade level as the original position.
• 5 U.S.C. § 3319(e)

  Go to provision →
  (e) The Office of Personnel Management may prescribe such regulations as it considers necessary to carry out the provisions of this section.
• 5 U.S.C. § 3323(b)(2)

  Go to provision →
  (2) Subject to such regulations as the Director of the Office of Personnel Management may prescribe, any annuitant to whom the first sentence of paragraph (1) of this subsection applies and who has served as an administrative law judge pursuant to an appointment under section 3105 of this title may be reappointed an administrative law judge under such section for a specified period or for such period as may be necessary for such administrative law judge to conduct and complete the hearing and disposition of one or more specified cases. The provisions of this title that apply to or with respect to administrative law judges appointed under section 3105 of this title shall apply to or with respect to administrative law judges reappointed under such section pursuant to the first sentence of this paragraph.
• 5 U.S.C. § 3324(a)

  Go to provision →
  (a) An appointment to a position classified above GS–15 pursuant to section 5108 may be made only on approval of the qualifications of the proposed appointee by the Director of the Office of Personnel Management on the basis of qualification standards developed by the agency involved in accordance with criteria specified in regulations prescribed by the Director. This section does not apply to a position—

  (1) to which appointment is made by the Chief Judge of the United States Tax Court;

  (2) to which appointment is made by the President;

  (3) to which appointment is made by the Librarian of Congress; or

  (4) the incumbent of which is paid from—

  (A) appropriations for the Executive Office of the President under the heading “The White House Office”, “Special Proj­ects”, “Council of Economic Advisers”, or “National Security Council”; or

  (B) funds appropriated to the President under the heading “Emergency Fund for the President” by the Treasury, Post Office, and Executive Office Appropriation Act, 1966, or a later statute making appropriations for the same purpose.
• 5 U.S.C. § 3324(a)(4)(A)

  Go to provision →
  (A) appropriations for the Executive Office of the President under the heading “The White House Office”, “Special Proj­ects”, “Council of Economic Advisers”, or “National Security Council”; or
• 5 U.S.C. § 3324(a)(4)(B)

  Go to provision →
  (B) funds appropriated to the President under the heading “Emergency Fund for the President” by the Treasury, Post Office, and Executive Office Appropriation Act, 1966, or a later statute making appropriations for the same purpose.
• 5 U.S.C. § 3324(b)

  Go to provision →
  (b) The Office may prescribe regulations necessary for the administration of this section.
• 5 U.S.C. § 3325(a)

  Go to provision →
  (a) Positions established under section 3104 of this title are in the competitive service. However, appointments to the positions are made without competitive examination on approval of the qualifications of the proposed appointee by the Office of Personnel Management on the basis of standards developed by the agency involved in accordance with criteria specified in regulations prescribed by the Director of the Office of Personnel Management.
• 5 U.S.C. § 3325(c)

  Go to provision →
  (c) The Director of the Office of Personnel Management shall prescribe such regulations as may be necessary to carry out the purpose of this section.
• 5 U.S.C. § 3326(b)(1)

  Go to provision →
  (1) the proposed appointment is authorized by the Secretary concerned or his designee for the purpose, and, if the position is in the competitive service, after approval by the Office of Personnel Management; or
• 5 U.S.C. § 3327(a)

  Go to provision →
  (a) The Office of Personnel Management shall provide that information concerning opportunities to participate in competitive examinations conducted by, or under authority delegated by, the Office of Personnel Management shall be made available to the employment offices of the United States Employment Service.
• 5 U.S.C. § 3327(b)

  Go to provision →
  (b) Subject to such regulations as the Office may issue, each agency shall promptly notify the Office and the employment offices of the United States Employment Service of—

  (1) each vacant position in the agency which is in the competitive service or the Senior Executive Service and for which the agency seeks applications from persons outside the Federal service, and

  (2) the period during which applications will be accepted.

  As used in this subsection, “agency” means an agency as defined in section 5102(a)(1) of this title other than an agency all the positions in which are excepted by statute from the competitive service.
• 5 U.S.C. § 3327(c)

  Go to provision →
  (c) The Office of Personnel Management may authorize the Department of Defense to use flexible outreach methods, including curated prospect sourcing, provided that all hiring opportunities remain publicly accessible and merit-based.
• 5 U.S.C. § 3328(c)

  Go to provision →
  (c) The Office of Personnel Management, in consultation with the Director of the Selective Service System, shall prescribe regulations to carry out this section. Such regulations shall include provisions prescribing procedures for the adjudication of determinations of whether a failure to register was knowing and willful. Such procedures shall require that such a determination may not be made if the individual concerned shows by a preponderance of the evidence that the failure to register was neither knowing nor willful. Such procedures may provide that determinations of eligibility under the requirements of this section shall be adjudicated by the Executive agency making the appointment for which the eligibility is determined.
• 5 U.S.C. § 3329(e)

  Go to provision →
  (e) The Secretary of Defense shall, in consultation with the Director of the Office of Personnel Management, prescribe such regulations as may be necessary to carry out this section.
• 5 U.S.C. § 3330(a)

  Go to provision →
  (a) For the purpose of this section, the term “agency” means an Executive agency, excluding the Government Accountability Office and any agency (or unit thereof) whose principal function is the conduct of foreign intelligence or counterintelligence activities, as determined by the President.
• 5 U.S.C. § 3330(b)

  Go to provision →
  (b) The Office of Personnel Management shall establish and keep current a comprehensive list of all announcements of vacant positions in the competitive service within each agency that are to be filled by appointment for more than one year and for which applications are being (or will soon be) accepted from outside the agency’s work force.
• 5 U.S.C. § 3330(c)(3)

  Go to provision →
  (3) any other information which the Office considers appropriate.
• 5 U.S.C. § 3330(e)

  Go to provision →
  (e) The Office shall prescribe such regulations as may be necessary to carry out this section. Any requirement under this section that agencies notify the Office as to the availability of any vacant positions shall be designed so as to avoid any duplication of information otherwise required to be furnished under section 3327 of this title or any other provision of law.
• 5 U.S.C. § 3330(f)

  Go to provision →
  (f) The Office may, to the extent it determines appropriate, charge such fees to agencies for services provided under this section and for related Federal employment information. The Office shall retain such fees to pay the costs of providing such services and information.
• 5 U.S.C. § 3330d(a)(2)(B)

  Go to provision →
  (B) does not include the Government Accountability Office.
• 5 U.S.C. § 3330e(c)

  Go to provision →
  (c) The Office of Personnel Management shall prescribe regulations to carry out the purpose of this section. Such regulations may not contain provisions that would increase the time required for agency hiring actions.
• 5 U.S.C. § 3330f(a)(1)(B)

  Go to provision →
  (B) the Architect of the Capitol, the Government Accountability Office, the Government Publishing Office, and the Library of Congress; and
• 5 U.S.C. § 3330f(a)(1)(C)

  Go to provision →
  (C) the Executive Office of the President and any component within that Office (including any successor component), including—

  (i) the Council of Economic Advisors;

  (ii) the Council on Environmental Quality;

  (iii) the National Security Council;

  (iv) the Office of the Vice President;

  (v) the Office of Policy Development;

  (vi) the Office of Administration;

  (vii) the Office of Management and Budget;

  (viii) the Office of the United States Trade Representative;

  (ix) the Office of Science and Technology Policy;

  (x) the Office of National Drug Control Policy; and

  (xi) the White House Office, including the White House Office of Presidential Personnel.
• 5 U.S.C. § 3330f(a)(1)(C)(iv)

  Go to provision →
  (iv) the Office of the Vice President;
• 5 U.S.C. § 3330f(a)(1)(C)(ix)

  Go to provision →
  (ix) the Office of Science and Technology Policy;
• 5 U.S.C. § 3330f(a)(1)(C)(v)

  Go to provision →
  (v) the Office of Policy Development;
• 5 U.S.C. § 3330f(a)(1)(C)(vi)

  Go to provision →
  (vi) the Office of Administration;
• 5 U.S.C. § 3330f(a)(1)(C)(vii)

  Go to provision →
  (vii) the Office of Management and Budget;
• 5 U.S.C. § 3330f(a)(1)(C)(viii)

  Go to provision →
  (viii) the Office of the United States Trade Representative;
• 5 U.S.C. § 3330f(a)(1)(C)(x)

  Go to provision →
  (x) the Office of National Drug Control Policy; and
• 5 U.S.C. § 3330f(a)(1)(C)(xi)

  Go to provision →
  (xi) the White House Office, including the White House Office of Presidential Personnel.
• 5 U.S.C. § 3330f(a)(4)

  Go to provision →
  (4) The term “Director” means the Director of the Office of Personnel Management.
• 5 U.S.C. § 3330f(b)

  Go to provision →
  (b) Not later than 1 year after the date of enactment of the PLUM Act of 2022, the Director shall establish, and thereafter the Director shall maintain, a public website containing the following information for the President in office on the date of establishment and for each subsequent President:

  (1) Each policy and supporting position in the Federal Government, including any such position that is vacant.

  (2) The name of each individual who—

  (A) is serving in a position described in paragraph (1); or

  (B) previously served in a position described in such paragraph under the applicable President.

  (3) Information on—

  (A) any Government-wide or agency-wide limitation on the total number of positions in the Senior Executive Service under section 3133 or 3134 or the total number of positions under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations; and

  (B) the total number of individuals occupying such positions.
• 5 U.S.C. § 3330f(c)(1)

  Go to provision →
  (1) the agency, and agency component, (including the agency and bureau code used by the Office of Management and Budget) in which the position is located;
• 5 U.S.C. § 3330f(f)(4)(A)(iii)

  Go to provision →
  (iii) the former appointees who served in such positions in the agency under the President then in office.
• 5 U.S.C. § 3330f(h)(1)(A)

  Go to provision →
  (A) On the date that is 90 days after the date on which the covered website is established, the Director, in coordination with the White House Office of Presidential Personnel, shall confirm that the information on the covered website is complete, accurate, reliable, and up-to-date.
• 5 U.S.C. § 3330f(h)(2)(B)

  Go to provision →
  (B) use any additional information provided to the Director or the White House Office of Presidential Personnel for the purposes of verification.
• 5 U.S.C. § 3330g(b)

  Go to provision →
  (b) The Department of Defense shall use validated structured interviews, technical evaluations, or other skills-based assessments as part of the hiring process for competitive service positions at the Department, in accordance with regulations prescribed by the Office of Personnel Management.
• 5 U.S.C. § 3331

  Go to provision →
  An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: “I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.” This section does not affect other oaths required by law.
• 5 U.S.C. § 3332

  Go to provision →
  An officer, within 30 days after the effective date of his appointment, shall file with the oath of office required by section 3331 of this title an affidavit that neither he nor anyone acting in his behalf has given, transferred, promised, or paid any consideration for or in the expectation or hope of receiving assistance in securing the appointment.
• 5 U.S.C. § 3333(a)

  Go to provision →
  (a) Except as provided by subsection (b) of this section, an individual who accepts office or employment in the Government of the United States or in the government of the District of Columbia shall execute an affidavit within 60 days after accepting the office or employment that his acceptance and holding of the office or employment does not or will not violate section 7311 of this title. The affidavit is prima facie evidence that the acceptance and holding of office or employment by the affiant does not or will not violate section 7311 of this title.
• 5 U.S.C. § 3341(a)

  Go to provision →
  (a) The head of an Executive department or military department may detail employees among the bureaus and offices of his department, except employees who are required by law to be exclusively engaged on some specific work.
• 5 U.S.C. § 3344

  Go to provision →
  An agency as defined by section 551 of this title which occasionally or temporarily is insufficiently staffed with administrative law judges appointed under section 3105 of this title may use administrative law judges selected by the Office of Personnel Management from and with the consent of other agencies.
• 5 U.S.C. § 3345(a)

  Go to provision →
  (a) If an officer of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office—

  (1) the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346;

  (2) notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346; or

  (3) notwithstanding paragraph (1), the President (and only the President) may direct an officer or employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if—

  (A) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, the officer or employee served in a position in such agency for not less than 90 days; and

  (B) the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule.
• 5 U.S.C. § 3345(a)(1)

  Go to provision →
  (1) the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346;
• 5 U.S.C. § 3345(a)(2)

  Go to provision →
  (2) notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346; or
• 5 U.S.C. § 3345(a)(3)

  Go to provision →
  (3) notwithstanding paragraph (1), the President (and only the President) may direct an officer or employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if—

  (A) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, the officer or employee served in a position in such agency for not less than 90 days; and

  (B) the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule.
• 5 U.S.C. § 3345(b)(1)

  Go to provision →
  (1) Notwithstanding subsection (a)(1), a person may not serve as an acting officer for an office under this section, if—

  (A) during the 365-day period preceding the date of the death, resignation, or beginning of inability to serve, such person—

  (i) did not serve in the position of first assistant to the office of such officer; or

  (ii) served in the position of first assistant to the office of such officer for less than 90 days; and

  (B) the President submits a nomination of such person to the Senate for appointment to such office.
• 5 U.S.C. § 3345(b)(1)(A)(i)

  Go to provision →
  (i) did not serve in the position of first assistant to the office of such officer; or
• 5 U.S.C. § 3345(b)(1)(A)(ii)

  Go to provision →
  (ii) served in the position of first assistant to the office of such officer for less than 90 days; and
• 5 U.S.C. § 3345(b)(1)(B)

  Go to provision →
  (B) the President submits a nomination of such person to the Senate for appointment to such office.
• 5 U.S.C. § 3345(b)(2)(A)

  Go to provision →
  (A) such person is serving as the first assistant to the office of an officer described under subsection (a);
• 5 U.S.C. § 3345(b)(2)(B)

  Go to provision →
  (B) the office of such first assistant is an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate; and
• 5 U.S.C. § 3345(b)(2)(C)

  Go to provision →
  (C) the Senate has approved the appointment of such person to such office.
• 5 U.S.C. § 3345(c)(1)

  Go to provision →
  (1) Notwithstanding subsection (a)(1), the President (and only the President) may direct an officer who is nominated by the President for reappointment for an additional term to the same office in an Executive department without a break in service, to continue to serve in that office subject to the time limitations in section 3346, until such time as the Senate has acted to confirm or reject the nomination, notwithstanding adjournment sine die.
• 5 U.S.C. § 3345(c)(2)

  Go to provision →
  (2) For purposes of this section and sections 3346, 3347, 3348, 3349, 3349a, and 3349d, the expiration of a term of office is an inability to perform the functions and duties of such office.
• 5 U.S.C. § 3346(a)

  Go to provision →
  (a) Except in the case of a vacancy caused by sickness, the person serving as an acting officer as described under section 3345 may serve in the office—

  (1) for no longer than 210 days beginning on the date the vacancy occurs; or

  (2) subject to subsection (b), once a first or second nomination for the office is submitted to the Senate, from the date of such nomination for the period that the nomination is pending in the Senate.
• 5 U.S.C. § 3346(a)(2)

  Go to provision →
  (2) subject to subsection (b), once a first or second nomination for the office is submitted to the Senate, from the date of such nomination for the period that the nomination is pending in the Senate.
• 5 U.S.C. § 3346(b)(1)

  Go to provision →
  (1) If the first nomination for the office is rejected by the Senate, withdrawn, or returned to the President by the Senate, the person may continue to serve as the acting officer for no more than 210 days after the date of such rejection, withdrawal, or return.
• 5 U.S.C. § 3346(b)(2)

  Go to provision →
  (2) Notwithstanding paragraph (1), if a second nomination for the office is submitted to the Senate after the rejection, withdrawal, or return of the first nomination, the person serving as the acting officer may continue to serve—

  (A) until the second nomination is confirmed; or

  (B) for no more than 210 days after the second nomination is rejected, withdrawn, or returned.
• 5 U.S.C. § 3347(a)

  Go to provision →
  (a) Sections 3345 and 3346 are the exclusive means for temporarily authorizing an acting official to perform the functions and duties of any office of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) for which appointment is required to be made by the President, by and with the advice and consent of the Senate, unless—

  (1) a statutory provision expressly—

  (A) authorizes the President, a court, or the head of an Executive department, to designate an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or

  (B) designates an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or

  (2) the President makes an appointment to fill a vacancy in such office during the recess of the Senate pursuant to clause 3 of section 2 of article II of the United States Constitution.
• 5 U.S.C. § 3347(a)(1)(A)

  Go to provision →
  (A) authorizes the President, a court, or the head of an Executive department, to designate an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or
• 5 U.S.C. § 3347(a)(1)(B)

  Go to provision →
  (B) designates an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or
• 5 U.S.C. § 3347(a)(2)

  Go to provision →
  (2) the President makes an appointment to fill a vacancy in such office during the recess of the Senate pursuant to clause 3 of section 2 of article II of the United States Constitution.
• 5 U.S.C. § 3347(b)

  Go to provision →
  (b) Any statutory provision providing general authority to the head of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) to delegate duties statutorily vested in that agency head to, or to reassign duties among, officers or employees of such Executive agency, is not a statutory provision to which subsection (a)(1) applies.
• 5 U.S.C. § 3348(a)(2)

  Go to provision →
  (2) the term “function or duty” means any function or duty of the applicable office that—

  (i) is established by statute; and

  (ii) is required by statute to be performed by the applicable officer (and only that officer); or

  (I) is established by regulation; and

  (II) is required by such regulation to be performed by the applicable officer (and only that officer); and

  (ii) includes a function or duty to which clause (i)(I) and (II) applies, and the applicable regulation is in effect at any time during the 180-day period preceding the date on which the vacancy occurs.
• 5 U.S.C. § 3348(b)

  Go to provision →
  (b) Unless an officer or employee is performing the functions and duties in accordance with sections 3345, 3346, and 3347, if an officer of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office—

  (1) the office shall remain vacant; and

  (2) in the case of an office other than the office of the head of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office), only the head of such Executive agency may perform any function or duty of such office.
• 5 U.S.C. § 3348(b)(1)

  Go to provision →
  (1) the office shall remain vacant; and
• 5 U.S.C. § 3348(b)(2)

  Go to provision →
  (2) in the case of an office other than the office of the head of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office), only the head of such Executive agency may perform any function or duty of such office.
• 5 U.S.C. § 3348(d)(1)

  Go to provision →
  (1) An action taken by any person who is not acting under section 3345, 3346, or 3347, or as provided by subsection (b), in the performance of any function or duty of a vacant office to which this section and sections 3346, 3347, 3349, 3349a, 3349b, and 3349c apply shall have no force or effect.
• 5 U.S.C. § 3348(e)(5)

  Go to provision →
  (5) an office of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) if a statutory provision expressly prohibits the head of the Executive agency from performing the functions and duties of such office.
• 5 U.S.C. § 3349(a)

  Go to provision →
  (a) The head of each Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) shall submit to the Comptroller General of the United States and to each House of Congress—

  (1) notification of a vacancy in an office to which this section and sections 3345, 3346, 3347, 3348, 3349a, 3349b, 3349c, and 3349d apply and the date such vacancy occurred immediately upon the occurrence of the vacancy;

  (2) the name of any person serving in an acting capacity and the date such service began immediately upon the designation;

  (3) the name of any person nominated to the Senate to fill the vacancy and the date such nomination is submitted immediately upon the submission of the nomination; and

  (4) the date of a rejection, withdrawal, or return of any nomination immediately upon such rejection, withdrawal, or return.
• 5 U.S.C. § 3349(a)(1)

  Go to provision →
  (1) notification of a vacancy in an office to which this section and sections 3345, 3346, 3347, 3348, 3349a, 3349b, 3349c, and 3349d apply and the date such vacancy occurred immediately upon the occurrence of the vacancy;
• 5 U.S.C. § 3349(b)(6)

  Go to provision →
  (6) the Office of Personnel Management.
• 5 U.S.C. § 3349a(a)

  Go to provision →
  (a) In this section, the term “transitional inauguration day” means the date on which any person swears or affirms the oath of office as President, if such person is not the President on the date preceding the date of swearing or affirming such oath of office.
• 5 U.S.C. § 3349b

  Go to provision →
  Sections 3345 through 3349a shall not be construed to affect any statute that authorizes a person to continue to serve in any office—
• 5 U.S.C. § 3349d(a)

  Go to provision →
  (a) The submission to the Senate, during a recess or adjournment of the Senate in excess of 15 days, of a written notification by the President of the President’s intention to submit a nomination after the recess or adjournment shall be considered a nomination for purposes of sections 3345 through 3349c if such notification contains the name of the proposed nominee and the office for which the person is nominated.
• 5 U.S.C. § 3351

  Go to provision →
  In determining qualifications of a preference eligible for transfer to another 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—
• 5 U.S.C. § 3351(2)

  Go to provision →
  (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.
• 5 U.S.C. § 3363

  Go to provision →
  In determining qualifications of a preference eligible for promotion to another 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—
• 5 U.S.C. § 3363(2)

  Go to provision →
  (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.
• 5 U.S.C. § 3371(3)

  Go to provision →
  (3) “Federal agency” means an Executive agency, military department, a court of the United States, the Administrative Office of the United States Courts, the Library of Congress, the Botanic Garden, the Government Publishing Office, the Congressional Budget Office, the United States Postal Service, the Postal Regulatory Commission, the Office of the Architect of the Capitol, the Office of Technology Assessment, and such other similar agencies of the legislative and judicial branches as determined appropriate by the Office of Personnel Management; and
• 5 U.S.C. § 3373(c)

  Go to provision →
  (c) For any employee so assigned and on leave without pay—

  (1) if the rate of pay for his employment by the State or local government is less than the rate of pay he would have received had he continued in his regular assignment in the agency, he is entitled to receive supplemental pay from the agency in an amount equal to the difference between the State or local government rate and the agency rate;

  (2) he is entitled to annual and sick leave to the same extent as if he had continued in his regular assignment in the agency; and

  (3) he is entitled, notwithstanding other statutes—

  (A) to continuation of his insurance under chapter 87 of this title, and coverage under chapter 89 of this title or other applicable authority, so long as he pays currently into the Employee’s Life Insurance Fund and the Employee’s Health Benefits Fund or other applicable health benefits system (through his employing agency) the amount of the employee contributions;

  (B) to credit the period of his assignment under this subchapter toward periodic step-increases, retention, and leave accrual purposes, and, on payment into the Civil Service Retirement and Disability Fund or other applicable retirement system of the percentage of his State or local government pay, and of his supplemental pay, if any, that would have been deducted from a like agency pay for the period of the assignment and payment by the Federal agency into the fund or system of the amount that would have been payable by the agency during the period of the assignment with respect to a like agency pay, to treat his service during that period as service of the type performed in the agency immediately before his assignment; and

  (C) for the purpose of subchapter I of chapter 85 of this title, to credit the service performed during the period of his assignment under this subchapter as Federal service, and to consider his State or local government pay (and his supplemental pay, if any) as Federal wages. To the extent that the service could also be the basis for entitlement to unemployment compensation under a State law, the employee may elect to claim unemployment compensation on the basis of the service under either the State law or subchapter I of chapter 85 of this title.

  However, an employee or his beneficiary may not receive benefits referred to in subparagraphs (A) and (B) of this paragraph (3), based on service during an assignment under this subchapter for which the employee or, if he dies without making such an election, his beneficiary elects to receive benefits, under any State or local government retirement or insurance law or program, which the Office of Personnel Management determines to be similar. The Federal agency shall deposit currently in the Employee’s Life Insurance Fund, the Employee’s Health Benefits Fund or other applicable health benefits system, respectively, the amount of the Government’s contributions on account of service with respect to which employee contributions are collected as provided in subparagraphs (A) and (B) of this paragraph (3).
• 5 U.S.C. § 3392(a)(1)

  Go to provision →
  (1) in accordance with requirements established by the Office of Personnel Management, with respect to standards for career reserved positions, and
• 5 U.S.C. § 3392(a)(2)

  Go to provision →
  (2) after consultation with the Office, with respect to standards for general positions.
• 5 U.S.C. § 3392(c)(1)

  Go to provision →
  (1) If a career appointee is appointed by the President, by and with the advice and consent of the Senate, to a civilian position in the executive branch which is not in the Senior Executive Service, and the rate of basic pay payable for which is equal to or greater than the rate payable for level V of the Executive Schedule, the career appointee may elect (at such time and in such manner as the Office may prescribe) to continue to have the provisions of this title relating to basic pay, performance awards, awarding of ranks, severance pay, leave, and retirement apply as if the career appointee remained in the Senior Executive Service position from which he was appointed. Such provisions shall apply in lieu of the provisions which would otherwise apply—

  (A) to the extent provided under regulations prescribed by the Office, and

  (B) so long as the appointee continues to serve under such Presidential appointment.
• 5 U.S.C. § 3392(c)(1)(A)

  Go to provision →
  (A) to the extent provided under regulations prescribed by the Office, and
• 5 U.S.C. § 3392(d)

  Go to provision →
  (d) Appointment or removal of a person to or from any Senior Executive Service position in an independent regulatory commission shall not be subject, directly or indirectly, to review or approval by any officer or entity within the Executive Office of the President.
• 5 U.S.C. § 3393(a)

  Go to provision →
  (a) Each agency shall establish a recruitment program, in accordance with guidelines which shall be issued by the Office of Personnel Management, which provides for recruitment of career appointees from—

  (1) all groups of qualified individuals within the civil service; or

  (2) all groups of qualified individuals whether or not within the civil service.
• 5 U.S.C. § 3393(b)

  Go to provision →
  (b) Each agency shall establish one or more executive resources boards, as appropriate, the members of which shall be appointed by the head of the agency from among employees of the agency or commissioned officers of the uniformed services serving on active duty in such agency. The boards shall, in accordance with merit staffing requirements established by the Office, conduct the merit staffing process for career appointees, including—

  (1) reviewing the executive qualifications of each candidate for a position to be filled by a career appointee; and

  (2) making written recommendations to the appropriate appointing authority concerning such candidates.
• 5 U.S.C. § 3393(c)(1)

  Go to provision →
  (1) The Office shall establish one or more qualifications review boards, as appropriate. It is the function of the boards to certify the executive qualifications of candidates for initial appointment as career appointees in accordance with regulations prescribed by the Office. Of the members of each board more than one-half shall be appointed from among career appointees. Appointments to such boards shall be made on a non-partisan basis, the sole selection criterion being the professional knowledge of public management and knowledge of the appropriate occupational fields of the intended appointee.
• 5 U.S.C. § 3393(c)(2)

  Go to provision →
  (2) The Office shall, in consultation with the various qualification review boards, prescribe criteria for establishing executive qualifications for appointment of career appointees. The criteria shall provide for—

  (A) consideration of demonstrated executive experience;

  (B) consideration of successful participation in a career executive development program which is approved by the Office; and

  (C) sufficient flexibility to allow for the appointment of individuals who have special or unique qualities which indicate a likelihood of executive success and who would not otherwise be eligible for appointment.
• 5 U.S.C. § 3393(c)(2)(B)

  Go to provision →
  (B) consideration of successful participation in a career executive development program which is approved by the Office; and
• 5 U.S.C. § 3394(b)

  Go to provision →
  (b) An individual may not be appointed as a limited term appointee or as a limited emergency appointee without the prior approval of the exercise of such appointing authority by the Office of Personnel Management.
• 5 U.S.C. § 3396(a)

  Go to provision →
  (a) The Office of Personnel Management shall establish programs for the systematic development of candidates for the Senior Executive Service and for the continuing development of senior executives, or require agencies to establish such programs which meet criteria prescribed by the Office.
• 5 U.S.C. § 3396(b)

  Go to provision →
  (b) The Office shall assist agencies in the establishment of programs required under subsection (a) of this section and shall monitor the implementation of the programs. If the Office finds that any agency’s program under subsection (a) of this section is not in compliance with the criteria prescribed under such subsection, it shall require the agency to take such corrective action as may be necessary to bring the program into compliance with the criteria.
• 5 U.S.C. § 3396(d)(1)

  Go to provision →
  (1) The Office shall encourage and assist individuals to improve their skills and increase their contribution by service in a variety of agencies as well as by accepting temporary placements in State or local governments or in the private sector.
• 5 U.S.C. § 3396(d)(2)

  Go to provision →
  (2) In order to promote the professional development of career appointees and to assist them in achieving their maximum levels of proficiency, the Office shall, in a manner consistent with the needs of the Government provide appropriate informational services and otherwise encourage career appointees to take advantage of any opportunities relating to—

  (A) sabbaticals;

  (B) training; or

  (C) details or other temporary assignments in other agencies, State or local governments, or the private sector.
• 5 U.S.C. § 3397

  Go to provision →
  The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.
• 5 U.S.C. § 3401(1)(F)

  Go to provision →
  (F) the Office of the Architect of the Capitol; but does not include—

  (i) a Government controlled corporation;

  (ii) the Tennessee Valley Authority;

  (iii) the Virgin Islands Corporation;

  (iv) the Federal Bureau of Investigation, Department of Justice;

  (v) the Central Intelligence Agency; and

  (vi) the National Security Agency, Department of Defense; and
• 5 U.S.C. § 3402(b)(1)

  Go to provision →
  (1) The Office of Personnel Management, by regulation, shall establish and maintain a program under which it shall, on the request of an agency, advise and assist such agency in the establishment and maintenance of its part-time career employment program under this chapter.
• 5 U.S.C. § 3402(b)(2)

  Go to provision →
  (2) The Office shall conduct a research and demonstration program with respect to part-time career employment within the Federal Government. In particular, such program shall be directed to—

  (A) determining the extent to which part-time career employment may be used in filling positions which have not traditionally been open for such employment on any extensive basis, such as supervisory, managerial, and professional positions;

  (B) determining the extent to which job-sharing arrangements may be established for various occupations and positions; and

  (C) evaluating attitudes, benefits, costs, efficiency, and productivity associated with part-time career employment, as well as its various sociological effects as a mode of employment.
• 5 U.S.C. § 3502(a)

  Go to provision →
  (a) The Office of Personnel Management shall prescribe regulations for the release of competing 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 employee—

  (A) who is not a retired member of a uniformed service is entitled to credit for the total length of time in active service in the armed forces;

  (B) who is a retired member of a uniformed service is entitled to credit for—

  (i) the length of time in active service in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or

  (ii) the total length of time in active service in the armed forces if he is included under section 3501(a)(3)(A), (B), or (C) of this title; and

  (C) is entitled to credit for—

  (i) service rendered as an employee of a county committee established pursuant to section 8(b) of the Soil Conservation and Allotment Act or of a committee or association of producers described in section 10(b) of the Agricultural Adjustment Act; and

  (ii) service rendered as an employee described in section 2105(c) if such employee moves or has moved, on or after January 1, 1966, without a break in service of more than 3 days, from a position in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard to a position in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c).
• 5 U.S.C. § 3502(d)(4)

  Go to provision →
  (4) The Office shall prescribe such regulations as may be necessary to carry out this subsection. The Office shall consult with the Secretary of Labor on matters relating to title I of the Workforce Investment Act of 1998.¹
• 5 U.S.C. § 3504(a)

  Go to provision →
  (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.
• 5 U.S.C. § 3504(a)(2)

  Go to provision →
  (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.
• 5 U.S.C. § 3504(b)

  Go to provision →
  (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 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.
• 5 U.S.C. § 3521(1)

  Go to provision →
  (1) “agency” means an Executive agency as defined under section 105 (other than the Government Accountability Office); and
• 5 U.S.C. § 3522(a)

  Go to provision →
  (a) Before obligating any resources for voluntary separation incentive payments, the head of each agency shall submit to the Office of Personnel Management a plan outlining the intended use of such incentive payments and a proposed organizational chart for the agency once such incentive payments have been completed.
• 5 U.S.C. § 3522(c)

  Go to provision →
  (c) The Director of the Office of Personnel Management shall review each agency’s plan an¹ may make any appropriate modifications in the plan, in consultation with the Director of the Office of Management and Budget. A plan under this section may not be implemented without the approval of the Directive² of the Office of Personnel Management.
• 5 U.S.C. § 3524(c)(1)

  Go to provision →
  (1) If the employment under this section is with an agency, other than the Government Accountability Office, the United States Postal Service, or the Postal Regulatory Commission, the Director of the Office of Personnel Management may, at the request of the head of the agency, may² waive the repayment if—

  (A) the individual involved possesses unique abilities and is the only qualified applicant available for the position; or

  (B) in case of an emergency involving a direct threat to life or property, the individual—

  (i) has skills directly related to resolving the emergency; and

  (ii) will serve on a temporary basis only so long as that individual’s services are made necessary by the emergency.
• 5 U.S.C. § 3524(c)(3)

  Go to provision →
  (3) If the employment under this section is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.
• 5 U.S.C. § 3525

  Go to provision →
  The Office of Personnel Management may prescribe regulations to carry out this subchapter.
• 5 U.S.C. § 3593(b)

  Go to provision →
  (b) A career appointee who is appointed by the President to any civil service position outside the Senior Executive Service and who leaves the position for reasons other than misconduct, neglect of duty, or malfeasance shall be entitled to be placed in the Senior Executive Service if the appointee applies to the Office of Personnel Management within 90 days after separation from the Presidential appointment.
• 5 U.S.C. § 3593(c)(1)(D)

  Go to provision →
  (D) the appointee applies for that vacant position within one year after the Office receives certification regarding that appointee pursuant to section 3595(b)(3)(B) of this title.
• 5 U.S.C. § 3594(a)

  Go to provision →
  (a) A career appointee who was appointed from a civil service position held under a career or career-conditional appointment (or an appointment of equivalent tenure, as determined by the Office of Personnel Management) and who, for reasons other than misconduct, neglect of duty, or malfeasance, is removed from the Senior Executive Service during the probationary period under section 3393(d) of this title, shall be entitled to be placed in a civil service position (other than a Senior Executive Service position) in any agency.
• 5 U.S.C. § 3595(b)(3)

  Go to provision →
  (3) A career appointee who, but for this subsection, would be removed from the Senior Executive Service due to a reduction in force within an agency—

  (A) is entitled to be assigned by the head of that agency to a vacant Senior Executive Service position for which the career appointee is qualified; or

  (B) if the agency head certifies, in writing, to the Office of Personnel Management that no such position is available in the agency, shall be placed by the Office in any agency in any vacant Senior Executive Service position unless the head of that agency determines that the career appointee is not qualified for that position.

  The Office of Personnel Management shall take all reasonable steps to place a career appointee under subparagraph (B) and may require any agency to take any action which the Office considers necessary to carry out any such placement.
• 5 U.S.C. § 3595(b)(3)(B)

  Go to provision →
  (B) if the agency head certifies, in writing, to the Office of Personnel Management that no such position is available in the agency, shall be placed by the Office in any agency in any vacant Senior Executive Service position unless the head of that agency determines that the career appointee is not qualified for that position.
• 5 U.S.C. § 3595(b)(5)

  Go to provision →
  (5) A career appointee who is not assigned under paragraph (3)(A) may be removed from the Senior Executive Service due to a reduction in force if the career appointee is not placed in another Senior Executive Service position under paragraph (3)(B) within 45 days after the Office receives certification regarding that appointee under paragraph (3)(B).
• 5 U.S.C. § 3595(e)

  Go to provision →
  (e) The Office shall prescribe regulations under which the rights accorded to a career appointee in the event of a transfer of function are comparable to the rights accorded to a competing employee under section 3503 of this title in the event of such a transfer.
• 5 U.S.C. § 3595a(b)

  Go to provision →
  (b) An agency may furlough a career appointee only in accordance with regulations issued by the Office of Personnel Management.
• 5 U.S.C. § 3596

  Go to provision →
  The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.
• 5 U.S.C. § 3701(1)

  Go to provision →
  (1) the term “agency” means an Executive agency, but does not include the Government Accountability Office; and
• 5 U.S.C. § 3702(e)

  Go to provision →
  (e) The Chief Information Officers Council, by agreement with the Office of Personnel Management, may assist in the administration of this chapter, including by maintaining lists of potential candidates for assignment under this chapter, establishing mentoring relationships for the benefit of individuals who are given assignments under this chapter, and publicizing the program.
• 5 U.S.C. § 3705(a)

  Go to provision →
  (a) The Chief Technology Officer of the District of Columbia may arrange for the assignment of an employee of the Office of the Chief Technology Officer to a private sector organization, or an employee of a private sector organization to such Office, in the same manner as the head of an agency under this chapter.
• 5 U.S.C. § 3705(c)

  Go to provision →
  (c) For purposes of this section, the term “Office of the Chief Technology Officer” means the office established in the executive branch of the government of the District of Columbia under the Office of the Chief Technology Officer Establishment Act of 1998 (sec. 1–1401 et seq., D.C. Official Code).
• 5 U.S.C. § 3706(a)

  Go to provision →
  (a) The Office of Personnel Management shall, not later than April 30 and October 31 of each year, prepare and submit to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate a semiannual report summarizing the operation of this chapter during the immediately preceding 6-month period ending on March 31 and September 30, respectively.
• 5 U.S.C. § 3706(b)(3)

  Go to provision →
  (3) such other information as the Office considers appropriate.
• 5 U.S.C. § 3706(d)

  Go to provision →
  (d) On request of the Office, agencies shall furnish such information and reports as the Office may require in order to carry out this section.
• 5 U.S.C. § 3707

  Go to provision →
  The Director of the Office of Personnel Management shall prescribe regulations for the administration of this chapter.
• 5 U.S.C. § 4102(b)

  Go to provision →
  (b) The President, at any time in the public interest, may—

  (1) except an agency or part thereof, or an employee or group or class of employees therein, from this chapter or a provision thereof (except this section); and

  (2) withdraw an exception made under this subsection.

  However, the President may not except the Office of Personnel Management from a provision of this chapter which vests in or imposes on the Office a function, duty, or responsibility concerning any matter except the establishment, operation, and maintenance, in the same capacity as other agencies, of training programs and plans for its employees.
• 5 U.S.C. § 4115

  Go to provision →
  The Office of Personnel Management, to the extent it considers appropriate in the public interest, may collect information concerning training programs, plans, and the methods inside and outside the Government. The Office, on request, may make the information available to an agency and to Congress.
• 5 U.S.C. § 4116

  Go to provision →
  The Office of Personnel Management, on request of an agency, shall advise and assist in the establishment, operation, and maintenance of the training programs and plans of the agency under this chapter, to the extent of its facilities and personnel available for that purpose.
• 5 U.S.C. § 4117

  Go to provision →
  The Office of Personnel Management has the responsibility and authority for effective promotion and coordination of the training programs under this chapter and training operations thereunder. The functions, duties, and responsibilities of the Office under this chapter are subject to supervision and control by the President and review by Congress.
• 5 U.S.C. § 4118(a)

  Go to provision →
  (a) The Office of Personnel Management, after considering the needs and requirements of each agency for training its employees and after consulting with the agencies principally concerned, shall prescribe regulations containing the principles, standards, and related requirements for the programs, and plans thereunder, for the training of employees under this chapter, including requirements for coordination of and reasonable uniformity in the agency training programs and plans. The regulations shall provide for the maintenance of necessary information concerning the general conduct of the training activities of each agency, and such other information as is necessary to enable the President and Congress to discharge effectively their respective duties and responsibilities for supervision, control, and review of these training programs. The regulations also shall cover—

  (1) requirements concerning the determination and continuing review by each agency of its training needs and requirements;

  (2) the scope and conduct of the agency training programs and plans;

  (3) the selection and assignment of employees of each agency for training;

  (4) the use in each agency of the services of employees who have undergone training;

  (5) the evaluation of the results and effects of the training programs and plans;

  (6) the interchange of training information among the agencies;

  (7) the submission of reports by the agencies on results and effects of training programs and plans and economies resulting therefrom, including estimates of costs of training;

  (8) requirements and limitations necessary with respect to payments and reimbursements in accordance with section 4109 of this title; and

  (9) other matters considered appropriate or necessary by the Office to carry out the provisions of this chapter.
• 5 U.S.C. § 4118(a)(9)

  Go to provision →
  (9) other matters considered appropriate or necessary by the Office to carry out the provisions of this chapter.
• 5 U.S.C. § 4118(b)

  Go to provision →
  (b) The Office, in accordance with this chapter, may revise, supplement, or abolish regulations prescribed under this section, and prescribe additional regulations.
• 5 U.S.C. § 4118(c)

  Go to provision →
  (c) This section does not authorize the Office to prescribe the types and methods of intra-agency training or to regulate the details of intra-agency training programs.
• 5 U.S.C. § 4119(a)

  Go to provision →
  (a) The Architect of the Capitol may, by regulation, make applicable such provisions of this chapter as the Architect determines necessary to provide for training of (1) individuals employed under the Office of the Architect of the Capitol and the Botanic Garden and (2) other congressional employees who are subject to the administrative control of the Architect. The regulations shall provide for training which, in the determination of the Architect, is consistent with the training provided by agencies under the preceding sections of this chapter.
• 5 U.S.C. § 4119(b)

  Go to provision →
  (b) The Office of Personnel Management shall provide the Architect of the Capitol with such advice and assistance as the Architect may request in order to enable the Architect to carry out the purposes of this section.
• 5 U.S.C. § 4120(b)

  Go to provision →
  (b) The Office of Personnel Management shall provide the Chief of the Capitol Police with such advice and assistance as the Chief may request in order to enable the Chief to carry out the purposes of this section.
• 5 U.S.C. § 4121

  Go to provision →
  In consultation with the Office of Personnel Management, the head of each agency shall establish—
• 5 U.S.C. § 4301(1)(iii)

  Go to provision →
  (iii) the Government Accountability Office;
• 5 U.S.C. § 4301(2)(G)

  Go to provision →
  (G) an individual occupying a position not in the competitive service excluded from coverage of this subchapter by regulations of the Office of Personnel Management; or
• 5 U.S.C. § 4302(b)(1)

  Go to provision →
  (1) The head of each agency, in consultation with the Director of the Office of Personnel Management and the Special Counsel, shall develop criteria that—

  (A) the head of the agency shall use as a critical element for establishing the job requirements of a supervisory employee; and

  (B) promote the protection of whistleblowers.
• 5 U.S.C. § 4302(c)

  Go to provision →
  (c) Under regulations which the Office of Personnel Management shall prescribe, each performance appraisal system shall provide for—

  (1) establishing performance standards which will, to the maximum extent feasible, permit the accurate evaluation of job performance on the basis of objective criteria (which may include the extent of courtesy demonstrated to the public) related to the job in question for each employee or position under the system;

  (2) as soon as practicable, but not later than October 1, 1981, with respect to initial appraisal periods, and thereafter at the beginning of each following appraisal period, communicating to each employee the performance standards and the critical elements of the employee’s position;

  (3) evaluating each employee during the appraisal period on such standards;

  (4) recognizing and rewarding employees whose performance so warrants;

  (5) assisting employees in improving unacceptable performance; and

  (6) reassigning, reducing in grade, or removing employees who continue to have unacceptable performance but only after an opportunity to demonstrate acceptable performance.
• 5 U.S.C. § 4302(d)

  Go to provision →
  (d) In accordance with regulations which the Office shall prescribe, the head of an agency may administer and maintain a performance appraisal system electronically.
• 5 U.S.C. § 4303(b)(2)

  Go to provision →
  (2) An agency may, under regulations prescribed by the head of such agency, extend the notice period under subsection (b)(1)(A) of this section for not more than 30 days. An agency may extend the notice period for more than 30 days only in accordance with regulations issued by the Office of Personnel Management.
• 5 U.S.C. § 4304(a)

  Go to provision →
  (a) The Office of Personnel Management shall make technical assistance available to agencies in the development of performance appraisal systems.
• 5 U.S.C. § 4304(b)(1)

  Go to provision →
  (1) The Office shall review each performance appraisal system developed by any agency under this section and determine whether the performance appraisal system meets the requirements of this subchapter.
• 5 U.S.C. § 4304(b)(2)

  Go to provision →
  (2) The Comptroller General shall from time to time review on a selected basis performance appraisal systems established under this subchapter to determine the extent to which any such system meets the requirements of this subchapter and shall periodically report its findings to the Office and to the Congress.
• 5 U.S.C. § 4304(b)(3)

  Go to provision →
  (3) If the Office determines that a system does not meet the requirements of this subchapter (including regulations prescribed under section 4305), the Office shall direct the agency to implement an appropriate system or to correct operations under the system, and any such agency shall take any action so required.
• 5 U.S.C. § 4305

  Go to provision →
  The Office of Personnel Management may prescribe regulations to carry out the purpose of this subchapter.
• 5 U.S.C. § 4312(a)

  Go to provision →
  (a) Each agency shall, in accordance with standards established by the Office of Personnel Management, develop one or more performance appraisal systems designed to—

  (1) permit the accurate evaluation of performance in any position on the basis of criteria which are related to the position and which specify the critical elements of the position;

  (2) provide for systematic appraisals of performance of senior executives;

  (3) encourage excellence in performance by senior executives; and

  (4) provide a basis for making eligibility determinations for retention in the Senior Executive Service and for Senior Executive Service performance awards.
• 5 U.S.C. § 4312(c)(1)

  Go to provision →
  (1) The Office shall review each agency’s performance appraisal system under this section, and determine whether the agency performance appraisal system meets the requirements of this subchapter.
• 5 U.S.C. § 4312(c)(2)

  Go to provision →
  (2) The Comptroller General shall from time to time review performance appraisal systems under this section to determine the extent to which any such system meets the requirements under this subchapter and shall periodically report its findings to the Office and to each House of the Congress.
• 5 U.S.C. § 4312(c)(3)

  Go to provision →
  (3) If the Office determines that an agency performance appraisal system does not meet the requirements under this subchapter (including regulations prescribed under section 4315), the agency shall take such corrective action as may be required by the Office.
• 5 U.S.C. § 4314(b)(1)(D)

  Go to provision →
  (D) are based on performance during a performance appraisal period the duration of which shall be determined under guidelines established by the Office of Personnel Management, but which may be terminated in any case in which the agency making an appraisal determines that an adequate basis exists on which to appraise and rate the senior executive’s performance;
• 5 U.S.C. § 4314(c)(1)

  Go to provision →
  (1) Each agency shall establish, in accordance with regulations prescribed by the Office, one or more performance review boards, as appropriate. It is the function of the boards to make recommendations to the appropriate appointing authority of the agency relating to the performance of senior executives in the agency.
• 5 U.S.C. § 4314(c)(5)

  Go to provision →
  (5) In the case of an appraisal of a career appointee, more than one-half of the members of the performance review board shall consist of career appointees. The requirement of the preceding sentence shall not apply in any case in which the Office determines that there exists an insufficient number of career appointees available to comply with the requirement.
• 5 U.S.C. § 4315

  Go to provision →
  The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.
• 5 U.S.C. § 4501(1)(C)

  Go to provision →
  (C) the Office of the Architect of the Capitol;
• 5 U.S.C. § 4502(b)

  Go to provision →
  (b) When the head of an agency certifies to the Office of Personnel Management that the suggestion, invention, superior accomplishment, or other meritorious effort for which the award is proposed is highly exceptional and unusually outstanding, a cash award in excess of $10,000 but not in excess of $25,000 may be granted with the approval of the Office.
• 5 U.S.C. § 4502(e)

  Go to provision →
  (e) The Office of Personnel Management may by regulation permit agencies to grant employees time off from duty, without loss of pay or charge to leave, as an award in recognition of superior accomplishment or other personal effort that contributes to the quality, efficiency, or economy of Government operations.
• 5 U.S.C. § 4505a(c)

  Go to provision →
  (c) The Office of Personnel Management shall prescribe such regulations as it considers necessary for the administration of subsections (a) and (b).
• 5 U.S.C. § 4506

  Go to provision →
  The Office of Personnel Management shall prescribe regulations and instructions under which the awards programs set forth by this subchapter shall be carried out.
• 5 U.S.C. § 4507(b)

  Go to provision →
  (b) Each agency shall submit annually to the Office recommendations of career appointees in the agency to be awarded the rank of Meritorious Executive or Distinguished Executive. The recommendations may take into account the individual’s performance over a period of years. The Office shall review such recommendations and provide to the President recommendations as to which of the agency recommended appointees should receive such rank.
• 5 U.S.C. § 4507(c)

  Go to provision →
  (c) During any fiscal year, the President may, subject to subsection (d) of this section, award to any career appointee recommended by the Office the rank of—

  (1) Meritorious Executive, for sustained accomplishment, or

  (2) Distinguished Executive, for sustained extraordinary accomplishment.

  A career appointee awarded a rank under paragraph (1) or (2) of this subsection shall not be entitled to be awarded that rank during the following 4 fiscal years.
• 5 U.S.C. § 4507a(b)

  Go to provision →
  (b) Each agency employing senior career employees shall submit annually to the Office of Personnel Management recommendations of senior career employees in the agency to be awarded the rank of Meritorious Senior Professional or Distinguished Senior Professional, which may be awarded by the President for sustained accomplishment or sustained extraordinary accomplishment, respectively.
• 5 U.S.C. § 4507a(c)

  Go to provision →
  (c) The recommendations shall be made, reviewed, and awarded under the same terms and conditions (to the extent determined by the Office of Personnel Management) that apply to rank awards for members of the Senior Executive Service under section 4507.
• 5 U.S.C. § 4701(a)(1)(C)

  Go to provision →
  (C) the Government Accountability Office;
• 5 U.S.C. § 4701(a)(4)

  Go to provision →
  (4) “demonstration project” means a proj­ect conducted by the Office of Personnel Management, or under its supervision, to determine whether a specified change in personnel management policies or procedures would result in improved Federal personnel management; and
• 5 U.S.C. § 4702

  Go to provision →
  The Office of Personnel Management shall—
• 5 U.S.C. § 4703(a)

  Go to provision →
  (a) Except as provided in this section, the Office of Personnel Management may, directly or through agreement or contract with one or more agencies and other public and private organizations, conduct and evaluate demonstration projects. Subject to the provisions of this section, the conducting of demonstration projects shall not be limited by any lack of specific authority under this title to take the action contemplated, or by any provision of this title or any rule or regulation prescribed under this title which is inconsistent with the action, including any law or regulation relating to—

  (1) the methods of establishing qualification requirements for, recruitment for, and appointment to positions;

  (2) the methods of classifying positions and compensating employees;

  (3) the methods of assigning, reassigning, or promoting employees;

  (4) the methods of disciplining employees;

  (5) the methods of providing incentives to employees, including the provision of group or individual incentive bonuses or pay;

  (6) the hours of work per day or per week;

  (7) the methods of involving employees, labor organizations, and employee organizations in personnel decisions; and

  (8) the methods of reducing overall agency staff and grade levels.
• 5 U.S.C. § 4703(b)

  Go to provision →
  (b) Before conducting or entering into any agreement or contract to conduct a demonstration project, the Office shall—

  (1) develop a plan for such project which identifies—

  (A) the purposes of the project;

  (B) the types of employees or eligibles, categorized by occupational series, grade, or organizational unit;

  (C) the number of employees or eligibles to be included, in the aggregate and by category;

  (D) the methodology;

  (E) the duration;

  (F) the training to be provided;

  (G) the anticipated costs;

  (H) the methodology and criteria for evaluation;

  (I) a specific description of any aspect of the project for which there is a lack of specific authority; and

  (J) a specific citation to any provision of law, rule, or regulation which, if not waived under this section, would prohibit the conducting of the project, or any part of the project as proposed;

  (2) publish the plan in the Federal Register;

  (3) submit the plan so published to public hearing;

  (4) provide notification of the proposed proj­ect, at least 180 days in advance of the date any project proposed under this section is to take effect—

  (A) to employees who are likely to be affected by the project; and

  (B) to each House of the Congress;

  (5) obtain approval from each agency involved of the final version of the plan; and

  (6) provide each House of the Congress with a report at least 90 days in advance of the date the project is to take effect setting forth the final version of the plan as so approved.
• 5 U.S.C. § 4703(e)

  Go to provision →
  (e) Subject to the terms of any written agreement or contract between the Office and an agency, a demonstration project involving the agency may be terminated by the Office, or the agency, if either determines that the project creates a substantial hardship on, or is not in the best interests of, the public, the Federal Government, employees, or eligibles.
• 5 U.S.C. § 4703(h)

  Go to provision →
  (h) The Office shall provide for an evaluation of the results of each demonstration project and its impact on improving public management.
• 5 U.S.C. § 4703(i)

  Go to provision →
  (i) Upon request of the Director of the Office of Personnel Management, agencies shall cooperate with and assist the Office, to the extent practicable, in any evaluation undertaken under subsection (h) of this section and provide the Office with requested information and reports relating to the conducting of demonstration projects in their respective agencies.
• 5 U.S.C. § 4703(j)

  Go to provision →
  (j) Each agency at which a demonstration project authorized by this section is ongoing shall submit an annual report to the Office of Personnel Management, the Office and¹ Management and Budget, the Committee on Homeland Security and Governmental Affairs of the United States Senate, and the Committee on Oversight and Government Reform of the United States House of Representatives that includes—

  (1) the aggregate performance appraisal ratings and compensation costs for employees under a demonstration project;

  (2) an assessment of the results of the demonstration project, including its impact on mission goals, employee recruitment, retention, and satisfaction, and which may include the results of the survey authorized under section 1128 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 5 U.S.C. 7101 note), commonly referred to as the Federal Employee Viewpoint Survey, and performance management for employees; and

  (3) a comparison of the items listed in (1) and (2) with employees not covered by the demonstration project.
• 5 U.S.C. § 4704

  Go to provision →
  Funds appropriated to the Office of Personnel Management for the purpose of this chapter may be allocated by the Office to any agency conducting demonstration projects or assisting the Office in conducting such projects. Funds so allocated shall remain available for such period as may be specified in appropriation Acts. No contract shall be entered into under this chapter unless the contract has been provided for in advance in appropriation Acts.
• 5 U.S.C. § 4705

  Go to provision →
  The Office of Personnel Management shall prescribe regulations to carry out the purpose of this chapter.
• 5 U.S.C. § 4802(e)

  Go to provision →
  (e) The Commission shall consult with the Office of Personnel Management in the implementation of this section.
• 5 U.S.C. § 5102(a)(1)(E)

  Go to provision →
  (E) the Office of the Architect of the Capitol; and
• 5 U.S.C. § 5102(a)(1)(vii)

  Go to provision →
  (vii) the Government Accountability Office;
• 5 U.S.C. § 5102(a)(1)(viii)

  Go to provision →
  (viii) the Office of the Director of National Intelligence;
• 5 U.S.C. § 5102(c)(23)

  Go to provision →
  (23) administrative patent judges and designated administrative patent judges in the United States Patent and Trademark Office;
• 5 U.S.C. § 5102(d)

  Go to provision →
  (d) This chapter does not apply to an employee of the Office of the Architect of the Capitol whose pay is fixed by other statute. Subsection (c) of this section, except paragraph (7), does not apply to the Office of the Architect of the Capitol.
• 5 U.S.C. § 5103

  Go to provision →
  The Office of Personnel Management shall determine finally the applicability of section 5102 of this title to specific positions and employees, except for positions and employees in the Office of the Architect of the Capitol.
• 5 U.S.C. § 5104(1)(A)

  Go to provision →
  (A) the simplest routine work in office, business, or fiscal operations; or
• 5 U.S.C. § 5104(2)(A)

  Go to provision →
  (A) to perform, under immediate supervision, with limited latitude for the exercise of independent judgment, routine work in office, business, or fiscal operations, or comparable subordinate technical work of limited scope in a professional, scientific, or technical field, requiring some training or experience; or
• 5 U.S.C. § 5104(3)(A)

  Go to provision →
  (A) to perform, under immediate or general supervision, somewhat difficult and responsible work in office, business, or fiscal operations, or comparable subordinate technical work of limited scope in a professional, scientific, or technical field, requiring in either case—

  (i) some training or experience;

  (ii) working knowledge of a special subject matter; or

  (iii) to some extent the exercise of independent judgment in accordance with well-established policies, procedures, and techniques; or
• 5 U.S.C. § 5104(4)(A)

  Go to provision →
  (A) to perform, under immediate or general supervision, moderately difficult and responsible work in office, business, or fiscal operations, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case—

  (i) a moderate amount of training and minor supervisory or other experience;

  (ii) good working knowledge of a special subject matter or a limited field of office, laboratory, engineering, scientific, or other procedure and practice; and

  (iii) the exercise of independent judgment in accordance with well-established policies, procedures, and techniques; or
• 5 U.S.C. § 5104(4)(A)(ii)

  Go to provision →
  (ii) good working knowledge of a special subject matter or a limited field of office, laboratory, engineering, scientific, or other procedure and practice; and
• 5 U.S.C. § 5104(5)(A)

  Go to provision →
  (A) to perform, under general supervision, difficult and responsible work in office, business, or fiscal administration, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case—

  (i) considerable training and supervisory or other experience;

  (ii) broad working knowledge of a special subject matter or of office, laboratory, engineering, scientific, or other procedure and practice; and

  (iii) the exercise of independent judgment in a limited field;
• 5 U.S.C. § 5104(5)(A)(ii)

  Go to provision →
  (ii) broad working knowledge of a special subject matter or of office, laboratory, engineering, scientific, or other procedure and practice; and
• 5 U.S.C. § 5104(6)(A)

  Go to provision →
  (A) to perform, under general supervision, difficult and responsible work in office, business, or fiscal administration, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case—

  (i) considerable training and supervisory or other experience;

  (ii) broad working knowledge of a special and complex subject matter, procedure, or practice, or of the principles of the profession, art, or science involved; and

  (iii) to a considerable extent the exercise of independent judgment; or
• 5 U.S.C. § 5104(7)(A)

  Go to provision →
  (A) to perform, under general supervision, work of considerable difficulty and responsibility along special technical or supervisory lines in office, business, or fiscal administration, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case—

  (i) considerable specialized or supervisory training and experience;

  (ii) comprehensive working knowledge of a special and complex subject matter, procedure, or practice, or of the principles of the profession, art, or science involved; and

  (iii) to a considerable extent the exercise of independent judgment;
• 5 U.S.C. § 5104(8)(A)

  Go to provision →
  (A) to perform, under general supervision, very difficult and responsible work along special technical or supervisory lines in office, business, or fiscal administration, requiring—

  (i) considerable specialized or supervisory training and experience;

  (ii) comprehensive and thorough working knowledge of a specialized and complex subject matter, procedure, or practice, or of the principles of the profession, art, or science involved; and

  (iii) to a considerable extent the exercise of independent judgment; or
• 5 U.S.C. § 5104(9)(A)

  Go to provision →
  (A) to perform, under general supervision, very difficult and responsible work along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring—

  (i) somewhat extended specialized training and considerable specialized, supervisory, or administrative experience which has demonstrated capacity for sound independent work;

  (ii) thorough and fundamental knowledge of a special and complex subject matter, or of the profession, art, or science involved; and

  (iii) considerable latitude for the exercise of independent judgment;
• 5 U.S.C. § 5104(10)(A)

  Go to provision →
  (A) to perform, under general supervision, highly difficult and responsible work along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring—

  (i) somewhat extended specialized, supervisory, or administrative training and experience which has demonstrated capacity for sound independent work;

  (ii) thorough and fundamental knowledge of a specialized and complex subject matter, or of the profession, art, or science involved; and

  (iii) considerable latitude for the exercise of independent judgment; or
• 5 U.S.C. § 5104(11)(A)

  Go to provision →
  (A) to perform, under general administrative supervision and with wide latitude for the exercise of independent judgment, work of marked difficulty and responsibility along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring—

  (i) extended specialized, supervisory, or administrative training and experience which has demonstrated important attainments and marked capacity for sound independent action or decision; and

  (ii) intimate grasp of a specialized and complex subject matter, or of the profession, art, or science involved, or of administrative work of marked difficulty;
• 5 U.S.C. § 5104(12)(A)

  Go to provision →
  (A) to perform, under general administrative supervision, with wide latitude for the exercise of independent judgment, work of a very high order of difficulty and responsibility along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring—

  (i) extended specialized, supervisory, or administrative training and experience which has demonstrated leadership and attainments of a high order in specialized or administrative work; and

  (ii) intimate grasp of a specialized and complex subject matter or of the profession, art, or science involved;
• 5 U.S.C. § 5105(a)

  Go to provision →
  (a) The Office of Personnel Management, after consulting the agencies, shall prepare standards for placing positions in their proper classes and grades. The Office may make such inquiries or investigations of the duties, responsibilities, and qualification requirements of positions as it considers necessary for this purpose. The agencies, on request of the Office, shall furnish information for and cooperate in the preparation of the standards. In the standards, which shall be published in such form as the Office may determine, the Office shall—

  (1) define the various classes of positions in terms of duties, responsibilities, and qualification requirements;

  (2) establish the official class titles; and

  (3) set forth the grades in which the classes have been placed by the Office.
• 5 U.S.C. § 5105(a)(3)

  Go to provision →
  (3) set forth the grades in which the classes have been placed by the Office.
• 5 U.S.C. § 5105(b)

  Go to provision →
  (b) The Office, after consulting the agencies to the extent considered necessary, shall revise, supplement, or abolish existing standards, or prepare new standards, so that, as nearly as may be practicable, positions existing at any given time will be covered by current published standards.
• 5 U.S.C. § 5107

  Go to provision →
  Except as otherwise provided by this chapter, each agency shall place each position under its jurisdiction in its appropriate class and grade in conformance with standards published by the Office of Personnel Management or, if no published standards apply directly, consistently with published standards. When facts warrant, an agency may change a position which it has placed in a class or grade under this section from that class or grade to another class or grade. Subject to subchapter VI of chapter 53 of this title, these actions of an agency are the basis for pay and personnel transactions until changed by certificate of the Office.
• 5 U.S.C. § 5108(a)

  Go to provision →
  (a) The Office of Personnel Management may, for any Executive agency—

  (1) establish, and from time to time revise, the maximum number of positions which may at any one time be classified above GS–15; and

  (2) establish standards and procedures published by the Director of the Office of Personnel Management in such form as the Director may determine (including requiring agencies, where necessary in the judgment of the Office, to obtain the prior approval of the Office) in accordance with which positions may be classified above GS–15.
• 5 U.S.C. § 5108(a)(2)

  Go to provision →
  (2) establish standards and procedures published by the Director of the Office of Personnel Management in such form as the Director may determine (including requiring agencies, where necessary in the judgment of the Office, to obtain the prior approval of the Office) in accordance with which positions may be classified above GS–15.
• 5 U.S.C. § 5108(b)

  Go to provision →
  (b) The President, rather than the Office, shall exercise the authority under subsection (a) in the case of positions proposed to be placed in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.
• 5 U.S.C. § 5108(c)

  Go to provision →
  (c) The Librarian of Congress may classify positions in the Library of Congress above GS–15 pursuant to standards established by the Office in subsection (a)(2).
• 5 U.S.C. § 5110(a)

  Go to provision →
  (a) The Office of Personnel Management, from time to time, shall review such number of positions in each agency as will enable the Office to determine whether the agency is placing positions in classes and grades in conformance with or consistently with published standards.
• 5 U.S.C. § 5110(b)

  Go to provision →
  (b) When the Office finds under subsection (a) of this section that a position is not placed in its proper class and grade in conformance with published standards or that a position for which there is no published standard is not placed in the class and grade consistently with published standards, it shall, after consultation with appropriate officials of the agency concerned, place the position in its appropriate class and grade and shall certify this action to the agency. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials.
• 5 U.S.C. § 5111(a)

  Go to provision →
  (a) When the Office of Personnel Management finds that an agency is not placing positions in classes and grades in conformance with or consistently with published standards, it may revoke or suspend the authority granted to the agency by section 5107 of this title and require that prior approval of the Office be secured before an action placing a position in a class and grade becomes effective for payroll and other personnel purposes. The Office may limit the revocation or suspension to—

  (1) the departmental or field service, or any part thereof;

  (2) a geographic area;

  (3) an organization unit or group of organization units;

  (4) certain types of classification actions;

  (5) classes in particular occupational groups or grades; or

  (6) classes for which standards have not been published.
• 5 U.S.C. § 5111(b)

  Go to provision →
  (b) After revocation or suspension, the Office may restore the authority to the extent that it is satisfied that later actions placing positions in classes and grades will be in conformance with or consistent with published standards.
• 5 U.S.C. § 5112(a)

  Go to provision →
  (a) Notwithstanding section 5107 of this title, the Office of Personnel Management may—

  (1) ascertain currently the facts as to the duties, responsibilities, and qualification requirements of a position;

  (2) place in an appropriate class and grade a newly created position or a position coming initially under this chapter;

  (3) decide whether a position is in its appropriate class and grade; and

  (4) change a position from one class or grade to another class or grade when the facts warrant.

  The Office shall certify to the agency concerned its action under paragraph (2) or (4) of this subsection. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials.
• 5 U.S.C. § 5112(b)

  Go to provision →
  (b) An employee affected or an agency may request at any time that the Office exercise the authority granted to it by subsection (a) of this section and the Office shall act on the request.
• 5 U.S.C. § 5113

  Go to provision →
  The Office of Personnel Management may—
• 5 U.S.C. § 5115

  Go to provision →
  The Office of Personnel Management may prescribe regulations necessary for the administration of this chapter, except sections 5109 and 5114.¹
• 5 U.S.C. § 5304(c)(2)(A)

  Go to provision →
  (A) shall be considered to be part of basic pay for purposes of retirement under chapter 83 or 84, as applicable, life insurance under chapter 87, and premium pay under subchapter V of chapter 55, and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe; and
• 5 U.S.C. § 5304(i)

  Go to provision →
  (i) The Office of Personnel Management may prescribe regulations, consistent with the provisions of this section, governing the payment of comparability payments to employees.
• 5 U.S.C. § 5305(a)(1)

  Go to provision →
  (1) Whenever the Office of Personnel Management finds that the Government’s recruitment or retention efforts with respect to 1 or more occupations in 1 or more areas or locations are, or are likely to become, significantly handicapped due to any of the circumstances described in subsection (b), the Office may establish for the areas or locations involved, with respect to individuals in positions paid under any of the pay systems referred to in subsection (c), higher minimum rates of pay for 1 or more grades or levels, occupational groups, series, classes, or subdivisions thereof, and may make corresponding increases in all rates of the pay range for each such grade or level. However, a minimum rate so established may not exceed the maximum rate of basic pay (excluding any locality-based comparability payment under section 5304 or similar provision of law) for the grade or level by more than 30 percent, and no rate may be established under this section in excess of the rate of basic pay payable for level IV of the Executive Schedule. In the case of individuals not subject to the provisions of this title governing appointment in the competitive service, the President may designate another agency to authorize special rates under this section.
• 5 U.S.C. § 5305(a)(2)

  Go to provision →
  (2) The head of an agency may determine that a category of employees of the agency will not be covered by a special rate authorization established under this section. The head of an agency shall provide written notice to the Office of Personnel Management (or other agency designated by the President to authorize special rates under the last sentence of paragraph (1)) which identifies the specific category or categories of employees that will not be covered by special rates authorized under this section. If the head of an agency removes a category of employees from coverage under a special rate authorization after that authorization takes effect, the loss of coverage will take effect on the first day of the first pay period after the date of the notice.
• 5 U.S.C. § 5305(b)(4)

  Go to provision →
  (4) any other circumstances which the Office of Personnel Management (or such other agency as the President may under the last sentence of subsection (a)(1) designate) considers appropriate.
• 5 U.S.C. § 5305(d)

  Go to provision →
  (d) Within the limitations applicable under the preceding provisions of this section, rates of pay established under this section may be revised from time to time by the Office of Personnel Management (or by such other agency as the President may designate under the last sentence of subsection (a)(1)). The actions and revisions have the force and effect of statute.
• 5 U.S.C. § 5305(f)

  Go to provision →
  (f) When a schedule of special rates established under this section is adjusted under subsection (d), a covered employee’s special rate will be adjusted in accordance with conversion rules prescribed by the Office of Personnel Management (or by such other agency as the President may under the last sentence of subsection (a)(1) designate).
• 5 U.S.C. § 5305(g)(1)

  Go to provision →
  (1) The benefit of any comparability payments under section 5304 shall be available to individuals receiving rates of pay established under this section to such extent as the Office of Personnel Management (or such other agency as the President may under the last sentence of subsection (a)(1) designate) considers appropriate, subject to paragraph (2) and subsection (h).
• 5 U.S.C. § 5305(i)

  Go to provision →
  (i) If an employee who is receiving a rate of pay under this section becomes subject, by virtue of moving to a new official duty station, to a different pay schedule, such employee’s new rate of pay shall be initially established under conversion rules prescribed by the Office of Personnel Management (or such other agency as the President may under the last sentence of subsection (a)(1) designate) in conformance with the following:

  (1) First, determine the rate of pay to which such employee would be entitled at the new official duty station based on such employee’s position, grade, and step (or relative position in the rate range) before the move.

  (2) Then, if (in addition to the change in pay schedule) the move also involves any personnel action or other change requiring a rate adjustment under any other provision of law, rule, or regulation, apply the applicable rate adjustment provisions, treating the rate determined under paragraph (1) as if it were the rate last received by the employee before the rate adjustment.
• 5 U.S.C. § 5305(j)

  Go to provision →
  (j) A rate determined under a schedule of special rates established under this section shall be considered to be part of basic pay for purposes of subchapter III of chapter 83, chapter 84, chapter 87, subchapter V of chapter 55, and section 5941, and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe.
• 5 U.S.C. § 5306(a)(1)(B)

  Go to provision →
  (B) employees under the Architect of the Capitol, whose rates of pay are fixed under section 166b–3a¹ of title 40, and the Superintendent of Garages, House office buildings; and
• 5 U.S.C. § 5307(c)

  Go to provision →
  (c) The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this section (subject to subsection (d)), including regulations (consistent with section 5582) concerning how a lump-sum payment under subsection (b) shall be made with respect to any employee who dies before an amount payable to such employee under subsection (b) is made.
• 5 U.S.C. § 5307(d)(3)(A)

  Go to provision →
  (A) The Office of Personnel Management and the Office of Management and Budget jointly shall promulgate such regulations as may be necessary to carry out this subsection, including the criteria and procedures in accordance with which any determinations under this subsection shall be made.
• 5 U.S.C. § 5307(d)(3)(B)

  Go to provision →
  (B) The certification of an agency performance appraisal system under this subsection shall be for a period not to exceed 24 months beginning on the date of certification, unless extended by the Director of the Office of Personnel Management for up to 6 additional months, except that such certification may be terminated at any time upon a finding that the actions of such agency have not remained in conformance with applicable requirements.
• 5 U.S.C. § 5307(d)(3)(C)

  Go to provision →
  (C) Any certification or decertification under this subsection shall be made by the Office of Personnel Management, with the concurrence of the Office of Management and Budget.
• 5 U.S.C. § 5307(d)(4)

  Go to provision →
  (4) Notwithstanding any provision of paragraph (3), any regulations, certifications, or other measures necessary to carry out this subsection with respect to employees within the judicial branch shall be the responsibility of the Director of the Administrative Office of the United States Courts. However, the regulations under this paragraph shall be consistent with those promulgated under paragraph (3).
• 5 U.S.C. § 5307(d)(5)(A)(ii)

  Go to provision →
  (ii) with respect to employees of the Office of the Architect of the Capitol shall be the responsibility of the Architect of the Capitol; and
• 5 U.S.C. § 5312

  Go to provision →
  Level I of the Executive Schedule applies to the following positions for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title:
• 5 U.S.C. § 5313

  Go to provision →
  Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title:
• 5 U.S.C. § 5314

  Go to provision →
  Level III of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title:
• 5 U.S.C. § 5315

  Go to provision →
  Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title:
• 5 U.S.C. § 5316

  Go to provision →
  Level V of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title:
• 5 U.S.C. § 5332a(a)(1)(D)

  Go to provision →
  (D) in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84, holds a position that the Office of Personnel Management determines would satisfy subparagraph (A), (B), or (C) if the employee were subject to subchapter III of chapter 83 or chapter 84;
• 5 U.S.C. § 5333

  Go to provision →
  New appointments shall be made at the minimum rate of the appropriate grade. However, under regulations prescribed by the Office of Personnel Management which provide for such considerations as the existing pay or unusually high or unique qualifications of the candidate, or a special need of the Government for his services, the head of an agency may appoint, with the approval of the Office in each specific case, an individual to a position at such a rate above the minimum rate of the appropriate grade as the Office may authorize for this purpose. The approval of the Office in each specific case is not required with respect to an appointment made by the Librarian of Congress.
• 5 U.S.C. § 5334(a)

  Go to provision →
  (a) The rate of basic pay to which an employee is entitled is governed by regulations prescribed by the Office of Personnel Management in conformity with this subchapter and chapter 51 of this title when—

  (1) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter does not apply;

  (2) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter applies to another such position;

  (3) he is demoted to a position in a lower grade;

  (4) he is reinstated, reappointed, or reemployed in a position to which this subchapter applies following service in any position in the legislative, judicial, or executive branch;

  (5) his type of appointment is changed;

  (6) his employment status is otherwise changed; or

  (7) his position is changed from one grade to another grade.

  For the purpose of this subsection, an individual employed by the Appalachian Regional Commission under section 14306(a)(2) of title 40, who was a Federal employee immediately prior to such employment by a commission and within 6 months after separation from such employment is employed in a position to which this subchapter applies, shall be treated as if transferred from a position in the executive branch to which this subchapter does not apply.
• 5 U.S.C. § 5334(b)

  Go to provision →
  (b) An employee who is promoted or transferred to a position in a higher grade is entitled to basic pay at the lowest rate of the higher grade which exceeds his existing rate of basic pay by not less than two step-increases of the grade from which he is promoted or transferred. If, in the case of an employee so promoted or transferred who is receiving basic pay at a rate in excess of the maximum rate of his grade, there is no rate in the higher grade which is at least two step-increases above his existing rate of basic pay, he is entitled to—

  (1) the maximum rate of the higher grade; or

  (2) his existing rate of basic pay, if that rate is the higher.

  If an employee so promoted or transferred is receiving basic pay at a rate saved to him under subchapter VI of this chapter on reduction in grade, he is entitled to—

  (A) basic pay at a rate two steps above the rate which he would be receiving if subchapter VI of this chapter were not applicable to him; or

  (B) his existing rate of basic pay, if that rate is the higher.

  If an employee’s rate after promotion or transfer is greater than the maximum rate of basic pay for the employee’s grade, that rate shall be treated as a retained rate under section 5363. The Office of Personnel Management shall prescribe by regulation the circumstances under which and the extent to which special rates under section 5305 (or similar provision of law) or locality-adjusted rates under section 5304 (or similar provision of law) are considered to be basic pay in applying this subsection.
• 5 U.S.C. § 5335(b)

  Go to provision →
  (b) Under regulations prescribed by the Office of Personnel Management, the benefit of successive step-increases shall be preserved for employees whose continuous service is interrupted in the public interest by service with the armed forces or by service in essential non-Government civilian employment during a period of war or national emergency.
• 5 U.S.C. § 5335(c)

  Go to provision →
  (c) When a determination is made under subsection (a) of this section that the work of an employee is not of an acceptable level of competence, the employee is entitled to prompt written notice of that determination and an opportunity for reconsideration of the determination within his agency under uniform procedures prescribed by the Office of Personnel Management. If the determination is affirmed on reconsideration, the employee is entitled to appeal to the Merit Systems Protection Board. If the reconsideration or appeal results in a reversal of the earlier determination, the new determination supersedes the earlier determination and is deemed to have been made as of the date of the earlier determination. The authority of the Office to prescribe procedures and the entitlement of the employee to appeal to the Board do not apply to a determination of acceptable level of competence made by the Librarian of Congress.
• 5 U.S.C. § 5335(f)

  Go to provision →
  (f) In computing periods of service under subsection (a) in the case of an employee who moves without a break in service of more than 3 days from a position under a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c) to a position under the Department of Defense or the Coast Guard, respectively, that is subject to this subchapter, service under such instrumentality shall, under regulations prescribed by the Office, be deemed service in a position subject to this subchapter.
• 5 U.S.C. § 5336(a)

  Go to provision →
  (a) Within the limit of available appropriations and under regulations prescribed by the Office of Personnel Management, the head of each agency may grant additional step-increases in recognition of high quality performance above that ordinarily found in the type of position concerned. However, an employee is eligible under this section for only one additional step-increase within any 52-week period.
• 5 U.S.C. § 5338

  Go to provision →
  The Office of Personnel Management may prescribe regulations necessary for the administration of this subchapter.
• 5 U.S.C. § 5342(a)(1)(H)

  Go to provision →
  (H) the Government Accountability Office; or¹
• 5 U.S.C. § 5343(a)(1)

  Go to provision →
  (1) the Office of Personnel Management shall define, as appropriate—

  (A) with respect to prevailing rate employees other than prevailing rate employees under paragraphs (B) and (C) of section 5342(a)(2) of this title, the boundaries of—

  (i) individual local wage areas for prevailing rate employees having regular wage schedules and rates; and

  (ii) wage areas for prevailing rate employees having special wage schedules and rates;

  (B) with respect to prevailing rate employees under paragraphs (B) and (C) of section 5342(a)(2) of this title, the boundaries of—

  (i) individual local wage areas for prevailing rate employees under such paragraphs having regular wage schedules and rates (but such boundaries shall not extend beyond the immediate locality in which the particular prevailing rate employees are employed); and

  (ii) wage areas for prevailing rate employees under such paragraphs having special wage schedules and rates;
• 5 U.S.C. § 5343(a)(2)

  Go to provision →
  (2) the Office of Personnel Management shall designate a lead agency for each wage area;
• 5 U.S.C. § 5343(a)(4)

  Go to provision →
  (4) the head of each agency having prevailing rate employees in a wage area shall apply, to the prevailing rate employees of that agency in that area, the wage schedules and rates established by the lead agency, or by the Office of Personnel Management, as appropriate, for prevailing rate employees in that area; and
• 5 U.S.C. § 5343(a)(5)

  Go to provision →
  (5) the Office of Personnel Management shall establish wage schedules and rates for prevailing rate employees who are United States citizens employed in any area which is outside the several States, the District of Columbia, the Commonwealth of Puerto Rico, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands.
• 5 U.S.C. § 5343(b)

  Go to provision →
  (b) The Office of Personnel Management shall schedule full-scale wage surveys every 2 years and shall schedule interim surveys to be conducted between each 2 consecutive full-scale wage surveys. The Office may schedule more frequent surveys when conditions so suggest.
• 5 U.S.C. § 5343(c)

  Go to provision →
  (c) The Office of Personnel Management, by regulation, shall prescribe practices and procedures for conducting wage surveys, analyzing wage survey data, developing and establishing wage schedules and rates, and administering the prevailing rate system. The regulations shall provide—

  (1) that, subject to subsection (d) of this section, wages surveyed be those paid by private employers in the wage area for similar work performed by regular full-time employees, except that, for prevailing rate employees under paragraphs (B) and (C) of section 5342(a)(2) of this title, the wages surveyed shall be those paid by private employers to full-time employees in a representative number of retail, wholesale, service, and recreational establishments similar to those in which such prevailing rate employees are employed;

  (2) for participation at all levels by representatives of organizations accorded recognition as the representatives of prevailing rate employees in every phase of providing an equitable system for fixing and adjusting the rates of pay for prevailing rate employees, including the planning of the surveys, the drafting of specifications, the selection of data collectors, the collection and the analysis of the data, and the submission of recommendations to the head of the lead agency for wage schedules and rates and for special wage schedules and rates where appropriate;

  (3) for requirements for the accomplishment of wage surveys and for the development of wage schedules and rates for prevailing rate employees, including, but not limited to—

  (A) nonsupervisory and supervisory prevailing rate employees paid under regular wage schedules and rates;

  (B) nonsupervisory and supervisory prevailing rate employees paid under special wage schedules and rates; and

  (C) nonsupervisory and supervisory prevailing rate employees described under paragraphs (B) and (C) of section 5342(a)(2) of this title;

  (4) for proper differentials, as determined by the Office, for duty involving unusually severe working conditions or unusually severe hazards, and for any hardship or hazard related to asbestos, such differentials shall be determined by applying occupational safety and health standards consistent with the permissible exposure limit promulgated by the Secretary of Labor under the Occupational Safety and Health Act of 1970;

  (5) rules governing the administration of pay for individual employees on appointment, transfer, promotion, demotion, and other similar changes in employment status; and

  (6) for a continuing program of maintenance and improvement designed to keep the prevailing rate system fully abreast of changing conditions, practices, and techniques both in and out of the Government of the United States.
• 5 U.S.C. § 5343(c)(4)

  Go to provision →
  (4) for proper differentials, as determined by the Office, for duty involving unusually severe working conditions or unusually severe hazards, and for any hardship or hazard related to asbestos, such differentials shall be determined by applying occupational safety and health standards consistent with the permissible exposure limit promulgated by the Secretary of Labor under the Occupational Safety and Health Act of 1970;
• 5 U.S.C. § 5343(e)(3)

  Go to provision →
  (3) Under regulations prescribed by the Office of Personnel Management, the benefits of successive step increases shall be preserved for prevailing rate employees under a regular wage schedule whose continuous service is interrupted in the public interest by service with the armed forces or by service in essential non-Government civilian employment during a period of war or national emergency.
• 5 U.S.C. § 5346(a)

  Go to provision →
  (a) The Office of Personnel Management, after consulting with the agencies and with employee organizations, shall establish and maintain a job grading system for positions to which this subchapter applies. In carrying out this subsection, the Office shall—

  (1) establish the basic occupational alinement and grade structure or structures for the job grading system;

  (2) establish and define individual occupations and the boundaries of each occupation;

  (3) establish job titles within occupations;

  (4) develop and publish job grading standards; and

  (5) provide a method to assure consistency in the application of job standards.
• 5 U.S.C. § 5346(b)

  Go to provision →
  (b) The Office, from time to time, shall review such numbers of positions in each agency as will enable the Office to determine whether the agency is placing positions in occupations and grades in conformance with or consistently with published job standards. When the Office finds that a position is not placed in its proper occupation and grade in conformance with published standards or that a position for which there is no published standard is not placed in the occupation and grade consistently with published standards, it shall, after consultation with appropriate officials of the agency concerned, place the position in its appropriate occupation and grade and shall certify this action to the agency. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials.
• 5 U.S.C. § 5346(c)

  Go to provision →
  (c) On application, made in accordance with regulations prescribed by the Office, by a prevailing rate employee for the review of the action of an employing agency in placing his position in an occupation and grade for pay purposes, the Office shall—

  (1) ascertain currently the facts as to the duties, responsibilities, and qualification requirements of the position;

  (2) decide whether the position has been placed in the proper occupation and grade; and

  (3) approve, disapprove, or modify, in accordance with its decision, the action of the employing agency in placing the position in an occupation and grade.

  The Office shall certify to the agency concerned its action under paragraph (3) of this subsection. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials.
• 5 U.S.C. § 5347(a)(1)

  Go to provision →
  (1) the Chairman, who shall not hold any other office or position in the Government of the United States or the government of the District of Columbia, and who shall be appointed by the Director of the Office of Personnel Management for a 4-year term;
• 5 U.S.C. § 5347(a)(2)

  Go to provision →
  (2) one member from the Office of the Secretary of Defense, designated by the Secretary of Defense;
• 5 U.S.C. § 5347(a)(3)

  Go to provision →
  (3) two members from the military departments, designated by the Director of the Office of Personnel Management;
• 5 U.S.C. § 5347(a)(4)

  Go to provision →
  (4) one member, designated by the Director of the Office of Personnel Management from time to time from an agency (other than the Department of Defense, a military department, and the Office of Personnel Management);
• 5 U.S.C. § 5347(a)(5)

  Go to provision →
  (5) an employee of the Office of Personnel Management, designated by the Director of the Office of Personnel Management; and
• 5 U.S.C. § 5347(a)(6)

  Go to provision →
  (6) five members, designated by the Director of the Office of Personnel Management, from among the employee organizations representing, under exclusive recognition of the Government of the United States, the largest numbers of prevailing rate employees.
• 5 U.S.C. § 5347(b)

  Go to provision →
  (b) In designating members from among employee organizations under subsection (a)(6) of this section, the Director of the Office of Personnel Management shall designate, as nearly as practicable, a number of members from a particular employee organization in the same proportion to the total number of employee representatives appointed to the Committee under subsection (a)(6) of this section as the number of prevailing rate employees represented by such organization is to the total number of prevailing rate employees. However, there shall not be more than two members from any one employee organization nor more than four members from a single council, federation, alliance, association, or affiliation of employee organizations.
• 5 U.S.C. § 5347(c)

  Go to provision →
  (c) Every 2 years the Director of the Office of Personnel Management shall review employee organization representation to determine adequate or proportional representation under the guidelines of subsection (b) of this section.
• 5 U.S.C. § 5347(d)

  Go to provision →
  (d) The members from the employee organizations serve at the pleasure of the Director of the Office of Personnel Management.
• 5 U.S.C. § 5347(e)

  Go to provision →
  (e) The Committee shall study the prevailing rate system and other matters pertinent to the establishment of prevailing rates under this subchapter and, from time to time, advise the Office of Personnel Management thereon. Conclusions and recommendations of the Committee shall be formulated by majority vote. The Chairman of the Committee may vote only to break a tie vote of the Committee.
• 5 U.S.C. § 5347(h)

  Go to provision →
  (h) The Office of Personnel Management shall provide such clerical and professional personnel as the Chairman of the Committee considers appropriate and necessary to carry out its functions under this subchapter. Such personnel shall be responsible to the Chairman of the Committee.
• 5 U.S.C. § 5349(a)

  Go to provision →
  (a) The pay of employees, described under section 5102(c)(7) of this title, in the Library of Congress, the Botanic Garden, the Government Publishing Office, the Government Accountability Office, the Office of the Architect of the Capitol, the Bureau of Engraving and Printing, and the government of the District of Columbia, shall be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and in accordance with such provisions of this subchapter, including the provisions of section 5344, relating to retroactive pay, and subchapter VI of this chapter, relating to grade and pay retention, as the pay-fixing authority of each such agency may determine. Subject to section 213(f) of title 29, the rates may not be less than the appropriate rates provided for by section 206(a)(1) of title 29. If the pay-fixing authority concerned determines that the provisions of subchapter VI of this chapter should apply to any employee under his jurisdiction, then the employee concerned shall be deemed to have satisfied the requirements of section 5361(1) of this title if the tenure of his appointment is substantially equivalent to the tenure of any appointment referred to in such paragraph.
• 5 U.S.C. § 5351(2)(B)

  Go to provision →
  (B) any other student-employee, assigned or attached primarily for training purposes to a hospital, clinic, or medical or dental laboratory operated by an agency, who is designated by the head of the agency with the approval of the Office of Personnel Management.
• 5 U.S.C. § 5352

  Go to provision →
  The head of each agency, and the District of Columbia Council with respect to the government of the District of Columbia, shall fix the stipends of its student-employees. The stipend may not exceed the applicable maximum prescribed by the Office of Personnel Management.
• 5 U.S.C. § 5361(4)(A)(iii)

  Go to provision →
  (iii) subject to such regulations as the Office of Personnel Management may prescribe, any applicable existing retained rate of pay established under section 5363 or similar provision of law; and
• 5 U.S.C. § 5362(c)(3)

  Go to provision →
  (3) for such other purposes as the Office of Personnel Management may provide by regulation.
• 5 U.S.C. § 5363(a)

  Go to provision →
  (a) Any employee—

  (1) who ceases to be entitled to the benefits of section 5362 of this title by reason of the expiration of the 2-year period of coverage provided under such section;

  (2) who is in a position subject to this subchapter and who is subject to a reduction or termination of a special rate of pay established under section 5305 of this title (or corresponding prior provision of this title);

  (3) who is in a position subject to this subchapter and who (but for this section) would be subject to a reduction in pay under circumstances prescribed by the Office of Personnel Management by regulation to warrant the application of this section; or

  (4) who is in a position subject to this subchapter and who is subject to a reduction or termination of a rate of pay established under subchapter IX of chapter 53;

  is entitled to a rate of basic pay in accordance with regulations prescribed by the Office of Personnel Management in conformity with the provisions of this section.
• 5 U.S.C. § 5363(a)(3)

  Go to provision →
  (3) who is in a position subject to this subchapter and who (but for this section) would be subject to a reduction in pay under circumstances prescribed by the Office of Personnel Management by regulation to warrant the application of this section; or
• 5 U.S.C. § 5363(c)(3)

  Go to provision →
  (3) The rate of basic pay for an employee who is receiving a retained rate at the time of moving to a new official duty station at which different pay schedules apply shall be subject to regulations prescribed by the Office of Personnel Management consistent with the purposes of this section.
• 5 U.S.C. § 5363(d)

  Go to provision →
  (d) A retained rate shall be considered part of basic pay for purposes of this subchapter and for purposes of subchapter III of chapter 83, chapters 84 and 87, subchapter V of chapter 55, section 5941, and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe. The Office shall, for any purpose other than any of the purposes referred to in the preceding sentence, prescribe by regulation what constitutes basic pay for employees receiving a retained rate.
• 5 U.S.C. § 5364

  Go to provision →
  Under regulations prescribed by the Office of Personnel Management, the Office may require any agency—
• 5 U.S.C. § 5364(1)

  Go to provision →
  (1) to report to the Office information with respect to vacancies (including impending vacancies);
• 5 U.S.C. § 5364(4)

  Go to provision →
  (4) to place certain employees, notwithstanding the fact their previous position was in a different agency, but only in circumstances in which the Office determines the exercise of such authority is necessary to carry out the purpose of this section.
• 5 U.S.C. § 5365(a)

  Go to provision →
  (a) The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.
• 5 U.S.C. § 5365(b)

  Go to provision →
  (b) Under such regulations, the Office may provide for the application of all or portions of the provisions of this subchapter (subject to any conditions or limitations the Office may establish)—

  (1) to any individual reduced to a grade of a covered pay schedule from a position not subject to this subchapter;

  (2) to individuals to whom such provisions do not otherwise apply; and

  (3) to situations the application to which is justified for purposes of carrying out the mission of the agency or agencies involved.

  Individuals with respect to whom authority under paragraph (2) may be exercised include individuals who are moved without a break in service of more than 3 days from employment in nonappropriated fund instrumentalities of the Department of Defense or the Coast Guard described in section 2105(c) to employment in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c).
• 5 U.S.C. § 5366(a)(1)

  Go to provision →
  (1) In the case of the termination of any benefits available to an employee under this subchapter on the grounds such employee declined a reasonable offer of a position the grade or pay of which was equal to or greater than his retained grade or pay, such termination may be appealed to the Office of Personnel Management under procedures prescribed by the Office.
• 5 U.S.C. § 5366(a)(2)(B)

  Go to provision →
  (B) under procedures prescribed by the Office of Personnel Management, any reduction-in-force action.
• 5 U.S.C. § 5371(b)

  Go to provision →
  (b) The Office of Personnel Management may, with respect to any employee described in subsection (c), provide that 1 or more provisions of chapter 74 of title 38 shall apply—

  (1) in lieu of any provision of chapter 51 or 61, subchapter V of chapter 55, or any other provision of this chapter; or

  (2) notwithstanding any lack of specific authority for a matter with respect to which chapter 51 or 61, subchapter V of chapter 55, or this chapter, relates.
• 5 U.S.C. § 5372(b)(2)

  Go to provision →
  (2) The Office of Personnel Management shall determine, in accordance with procedures which the Office shall by regulation prescribe, the level in which each administrative-law-judge position shall be placed and the qualifications to be required for appointment to each level.
• 5 U.S.C. § 5372(b)(3)(B)

  Go to provision →
  (B) The Office of Personnel Management may provide for appointment of an administrative law judge in AL–3 at an advanced rate under such circumstances as the Office may determine appropriate.
• 5 U.S.C. § 5372(c)

  Go to provision →
  (c) The Office of Personnel Management shall prescribe regulations necessary to administer this section.
• 5 U.S.C. § 5372b(a)(2)

  Go to provision →
  (2) the term “agency” means an Executive agency, as defined by section 105, but does not include the Government Accountability Office.
• 5 U.S.C. § 5372b(b)

  Go to provision →
  (b) Subject to such regulations as the Office of Personnel Management may prescribe, the head of the agency concerned shall fix the rate of basic pay for each administrative appeals judge position within such agency which is not classified above GS–15 pursuant to section 5108.
• 5 U.S.C. § 5374

  Go to provision →
  The head of the agency concerned shall fix the annual rate of basic pay for each position in the executive branch specifically referred to in, or covered by, a conforming change in statute made by section 305 of the Government Employees Salary Reform Act of 1964 (78 Stat. 422), or other position in the executive branch for which the annual pay is fixed at a rate of $18,500 or more under special provision of statute enacted before August 14, 1964, which is not placed in a level of the Executive Schedule set forth in subchapter II of this chapter, at a rate equal to the pay rate of a grade and step of the General Schedule set forth in section 5332 of this title. The head of the agency concerned shall report each action taken under this section to the Office of Personnel Management and publish a notice thereof in the Federal Register, except when the President determines that the report and publication would be contrary to the interest of national security.
• 5 U.S.C. § 5376(b)(1)

  Go to provision →
  (1) Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be—

  (A) not less than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; and

  (B) subject to paragraph (3), not greater than the rate of basic pay payable for level III of the Executive Schedule.

  The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373.
• 5 U.S.C. § 5377(c)

  Go to provision →
  (c) The Office of Personnel Management, in consultation with the Office of Management and Budget, may, upon the request of the head of an agency, grant authority to fix the rate of basic pay for 1 or more positions in such agency in accordance with this section.
• 5 U.S.C. § 5377(e)(1)

  Go to provision →
  (1) whenever the Office of Personnel Management determines (in accordance with such procedures and subject to such terms or conditions as such Office by regulation prescribes) that 1 or more of the requirements of subsection (b) are no longer met; or
• 5 U.S.C. § 5377(e)(2)

  Go to provision →
  (2) as of such date as such Office may otherwise specify, except that termination under this paragraph may not take effect before the authority has been available for such position for at least 1 calendar year.
• 5 U.S.C. § 5377(f)

  Go to provision →
  (f) The Office of Personnel Management may not authorize the exercise of authority under this section with respect to more than 800 positions at any time, of which not more than 30 may, at any such time, be positions the rate of basic pay for which would otherwise be determined under subchapter II.
• 5 U.S.C. § 5377(g)

  Go to provision →
  (g) The Office of Personnel Management shall consult with the Office of Management and Budget before making any decision to grant or terminate any authority under this section.
• 5 U.S.C. § 5377(h)

  Go to provision →
  (h) The Office of Personnel Management shall report to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate each year, in writing, on the operation of this section. Each report under this subsection shall include—

  (1) the number of positions, in the aggregate and by agency, for which higher rates of pay were authorized or paid under this section during any part of the period covered by such report; and

  (2) the name of each employee to whom a higher rate of pay was paid under this section during any portion of the period covered by such report, the rate on¹ rates paid under this section during such period, the dates between which each such higher rate was paid, and the rate or rates that would have been paid but for this section.
• 5 U.S.C. § 5379(a)(1)(A)

  Go to provision →
  (A) the term “agency” means an agency under subparagraph (A), (B), (C), (D), or (E) of section 4101(1) of this title, the Architect of the Capitol, the Botanic Garden, and the Office of Congressional Accessibility Services; and
• 5 U.S.C. § 5379(g)

  Go to provision →
  (g) The Director of the Office of Personnel Management, after consultation with heads of a representative number and variety of agencies and any other consultation which the Director considers appropriate, shall prescribe regulations containing such standards and requirements as the Director considers necessary to provide for reasonable uniformity among programs under this section.
• 5 U.S.C. § 5379(h)(1)

  Go to provision →
  (1) Each head of an agency shall maintain, and annually submit to the Director of the Office of Personnel Management, information with respect to the agency on—

  (A) the number of Federal employees selected to receive benefits under this section;

  (B) the job classifications for the recipients; and

  (C) the cost to the Federal Government of providing the benefits.
• 5 U.S.C. § 5379(h)(2)

  Go to provision →
  (2) The Director of the Office of Personnel Management shall prepare, and annually submit to Congress, a report containing the information submitted under paragraph (1), and information identifying the agencies that have provided benefits under this section.
• 5 U.S.C. § 5382(a)

  Go to provision →
  (a) Subject to regulations prescribed by the Office of Personnel Management, there shall be established a range of rates of basic pay for the Senior Executive Service, and each senior executive shall be paid at one of the rates within the range, based on individual performance, contribution to the agency’s performance, or both, as determined under a rigorous performance management system. The lowest rate of the range shall not be less than the minimum rate of basic pay payable under section 5376, and the highest rate, for any position under this system or an equivalent system as determined by the President’s Pay Agent designated under section 5304(d), shall not exceed the rate for level III of the Executive Schedule. The payment of the rates shall not be subject to the pay limitation of section 5306(e) or 5373.
• 5 U.S.C. § 5383(a)

  Go to provision →
  (a) Each appointing authority shall determine, in accordance with criteria established by the Office of Personnel Management, which of the rates within a range established under section 5382 shall be paid to each senior executive under such appointing authority.
• 5 U.S.C. § 5383(c)

  Go to provision →
  (c) Except as provided in regulations prescribed by the Office under section 5385, the rate of basic pay for any senior executive may not be adjusted more than once during any 12-month period.
• 5 U.S.C. § 5384(c)(2)

  Go to provision →
  (2) not¹ less than a majority of the members of any review board referred to in paragraph (1) shall be career appointees whenever making recommendations under such paragraph with respect to a career appointee. The requirement of the preceding sentence shall not apply in any case in which the Office of Personnel Management determines that there exists an insufficient number of career appointees available to comply with the requirement.
• 5 U.S.C. § 5384(d)

  Go to provision →
  (d) The Office of Personnel Management may issue guidance to agencies concerning the proportion of Senior Executive Service salary expenses that may be appropriately applied to payment of performance awards and the distribution of awards.
• 5 U.S.C. § 5385

  Go to provision →
  The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.
• 5 U.S.C. § 5392(e)

  Go to provision →
  (e) Subject to subsection (d)(2), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section shall be adjusted by such amount as the Office considers appropriate.
• 5 U.S.C. § 5403(a)

  Go to provision →
  (a) There is hereby established the Human Capital Performance Fund, to be administered by the Office for the purpose of this chapter.
• 5 U.S.C. § 5403(b)(1)(A)

  Go to provision →
  (A) An agency shall submit a plan as described in section 5406 to be eligible for consideration by the Office for an allocation under this section. An allocation shall be made only upon approval by the Office of an agency’s plan.
• 5 U.S.C. § 5403(b)(1)(B)(i)

  Go to provision →
  (i) After the reduction for training required under section 5408, ninety percent of the remaining amount appropriated to the Fund may be allocated by the Office to the agencies. Of the amount to be allocated, an agency’s pro rata distribution may not exceed its pro rata share of Executive branch payroll.
• 5 U.S.C. § 5403(b)(1)(B)(ii)

  Go to provision →
  (ii) If the Office does not allocate an agency’s full pro rata share, the undistributed amount remaining from that share will become available for distribution to other agencies, as provided in subparagraph (C).
• 5 U.S.C. § 5403(b)(2)

  Go to provision →
  (2) Each agency is required to provide to the Office such payroll information as the Office specifies necessary to determine the Executive branch payroll.
• 5 U.S.C. § 5404(a)(1)

  Go to provision →
  (1) Notwithstanding any other provision of law, the Office may authorize an agency to provide human capital performance payments to individual employees based on exceptional performance contributing to the achievement of the agency mission.
• 5 U.S.C. § 5405

  Go to provision →
  The Office shall issue such regulations as it determines to be necessary for the administration of this chapter, including the administration of the Fund. The Office’s regulations shall include criteria governing—
• 5 U.S.C. § 5405(6)

  Go to provision →
  (6) the circumstances under which funds may be allocated by the Office to an agency in amounts below or in excess of the agency’s pro rata share.
• 5 U.S.C. § 5406(a)

  Go to provision →
  (a) To be eligible for consideration by the Office for an allocation under this section, an agency shall—

  (1) develop a plan that incorporates the following elements:

  (A) adherence to merit principles set forth in section 2301;

  (B) a fair, credible, and transparent employee performance appraisal system;

  (C) a link between the pay-for-performance system, the employee performance appraisal system, and the agency’s strategic plan;

  (D) a means for ensuring employee involvement in the design and implementation of the system;

  (E) adequate training and retraining for supervisors, managers, and employees in the implementation and operation of the pay-for-performance system;

  (F) a process for ensuring ongoing performance feedback and dialogue between supervisors, managers, and employees throughout the appraisal period, and setting timetables for review;

  (G) effective safeguards to ensure that the management of the system is fair and equitable and based on employee performance; and

  (H) a means for ensuring that adequate agency resources are allocated for the design, implementation, and administration of the pay-for-performance system;

  (2) upon approval, receive an allocation of funding from the Office;

  (3) make payments to individual employees in accordance with the agency’s approved plan; and

  (4) provide such information to the Office regarding payments made and use of funds received under this section as the Office may specify.
• 5 U.S.C. § 5406(a)(2)

  Go to provision →
  (2) upon approval, receive an allocation of funding from the Office;
• 5 U.S.C. § 5406(a)(4)

  Go to provision →
  (4) provide such information to the Office regarding payments made and use of funds received under this section as the Office may specify.
• 5 U.S.C. § 5406(b)

  Go to provision →
  (b) The Office, in consultation with the Chief Human Capital Officers Council, shall review and approve an agency’s plan before the agency is eligible to receive an allocation of funding from the Office.
• 5 U.S.C. § 5407

  Go to provision →
  Any payment to an employee under this section shall be part of the employee’s basic pay for the purposes of subchapter III of chapter 83, and chapters 84 and 87, and for such other purposes (other than chapter 75) as the Office shall determine by regulation.
• 5 U.S.C. § 5502(a)

  Go to provision →
  (a) Payment for services may not be made from the Treasury of the United States to an individual acting or assuming to act as an officer in the civil service or uniformed services in an office which is not authorized by existing law, unless the office is later sanctioned by law.
• 5 U.S.C. § 5503(a)

  Go to provision →
  (a) Payment for services may not be made from the Treasury of the United States to an individual appointed during a recess of the Senate to fill a vacancy in an existing office, if the vacancy existed while the Senate was in session and was by law required to be filled by and with the advice and consent of the Senate, until the appointee has been confirmed by the Senate. This subsection does not apply—

  (1) if the vacancy arose within 30 days before the end of the session of the Senate;

  (2) if, at the end of the session, a nomination for the office, other than the nomination of an individual appointed during the preceding recess of the Senate, was pending before the Senate for its advice and consent; or

  (3) if a nomination for the office was rejected by the Senate within 30 days before the end of the session and an individual other than the one whose nomination was rejected thereafter receives a recess appointment.
• 5 U.S.C. § 5503(a)(2)

  Go to provision →
  (2) if, at the end of the session, a nomination for the office, other than the nomination of an individual appointed during the preceding recess of the Senate, was pending before the Senate for its advice and consent; or
• 5 U.S.C. § 5503(a)(3)

  Go to provision →
  (3) if a nomination for the office was rejected by the Senate within 30 days before the end of the session and an individual other than the one whose nomination was rejected thereafter receives a recess appointment.
• 5 U.S.C. § 5504(c)(1)(B)

  Go to provision →
  (B) an employee in or under the Office of the Architect of the Capitol, the Botanic Garden, and the Library of Congress, for whom a basic administrative workweek is established under section 6101(a)(5) of this title; and
• 5 U.S.C. § 5504(c)(3)

  Go to provision →
  (3) Notwithstanding paragraph (2), an individual who otherwise would be excluded from the definition of employee shall be deemed to be an employee for purposes of this section if the individual’s employing agency so elects, under guidelines in regulations promulgated by the Office of Personnel Management under subsection (d)(2).
• 5 U.S.C. § 5504(d)(1)

  Go to provision →
  (1) The Office of Personnel Management may prescribe regulations, subject to the approval of the President, necessary for the administration of this section insofar as this section affects employees in or under an Executive agency.
• 5 U.S.C. § 5504(d)(2)

  Go to provision →
  (2) The Office of Personnel Management shall provide guidelines by regulation for exemptions to be made by the heads of agencies under subsection (c)(3). Such guidelines shall provide for such exemptions only under exceptional circumstances.
• 5 U.S.C. § 5508

  Go to provision →
  An officer in the executive branch and an officer of the government of the District of Columbia to whom subchapter I of chapter 63 of this title applies are not entitled to the pay of their offices solely because of their status as officers.
• 5 U.S.C. § 5513

  Go to provision →
  When the Government Accountability Office, on a statement of the account of a disbursing or certifying official of the United States, disallows credit or raises a charge for a payment to an individual in or under an Executive agency otherwise entitled to pay, the pay of the payee shall be withheld in whole or in part until full reimbursement is made under regulations prescribed by the head of the Executive agency from which the payee is entitled to receive pay. This section does not repeal or modify existing statutes relating to the collection of the indebtedness of an accountable, certifying, or disbursing official.
• 5 U.S.C. § 5514(a)(5)(B)

  Go to provision →
  (B) “agency” includes executive departments and agencies, the United States Postal Service, the Postal Regulatory Commission, any nonappropriated fund instrumentality described in section 2105(c) of this title, the United States Senate, the United States House of Representatives, and any court, court administrative office, or instrumentality in the judicial or legislative branches of the Government, and government corporations.
• 5 U.S.C. § 5520a(a)(1)(A)

  Go to provision →
  (A) an executive agency, except for the Government Accountability Office;
• 5 U.S.C. § 5520a(a)(1)(D)

  Go to provision →
  (D) any agency of the legislative branch of the Government, including the Government Accountability Office, each office of a Member of Congress, a committee of the Congress, or other office of the Congress;
• 5 U.S.C. § 5521(3)(A)

  Go to provision →
  (A) the Director of the Administrative Office of the United States Courts with respect to the judicial branch; and
• 5 U.S.C. § 5525

  Go to provision →
  The head of each agency may establish procedures under which each employee of the agency is permitted to make allotments and assignments of amounts out of his pay for such purpose as the head of the agency considers appropriate. For purposes of this section, the term “agency” includes the Office of the Architect of the Capitol.
• 5 U.S.C. § 5531(2)

  Go to provision →
  (2) “position” means a civilian office or position (including a temporary, part-time, or intermittent position), appointive or elective, in the legislative, executive, or judicial branch of the Government of the United States (including a Government corporation, but excluding a nonappropriated fund instrumentality under the jurisdiction of the armed forces) or in the government of the District of Columbia;
• 5 U.S.C. § 5531(4)

  Go to provision →
  (4) “agency in the legislative branch” means the Government Accountability Office, the Government Publishing Office, the Library of Congress, the Office of Technology Assessment, the Office of the Architect of the Capitol, the United States Botanic Garden, the Congressional Budget Office, and the United States Capitol Police;
• 5 U.S.C. § 5533(b)

  Go to provision →
  (b) Except as otherwise provided by subsection (c) of this section, the Office of Personnel Management, subject to the supervision and control of the President, may prescribe regulations under which exceptions may be made to the restrictions in subsection (a) of this section when appropriate authority determines that the exceptions are warranted because personal services otherwise cannot be readily obtained.
• 5 U.S.C. § 5533(c)(1)

  Go to provision →
  (1) Unless otherwise authorized by law and except as otherwise provided by paragraph (2) or (4) of this subsection, appropriated funds are not available for payment to an individual of pay from more than one position if the pay of one of the positions is paid by the Secretary of the Senate, the Chief Administrative Officer of the House of Representatives, or the Chief of the Capitol Police, or one of the positions is under the Office of the Architect of the Capitol, and if the aggregate gross pay from the positions exceeds $7,724 a year ($10,540,¹ in the case of pay disbursed by the Secretary of the Senate).
• 5 U.S.C. § 5534

  Go to provision →
  A Reserve of the armed forces or member of the National Guard may accept a civilian office or position under the Government of the United States or the government of the District of Columbia, and he is entitled to receive the pay of that office or position in addition to pay and allowances as a Reserve or member of the National Guard.
• 5 U.S.C. § 5534a

  Go to provision →
  A member of a uniformed service who has performed active service and who is on terminal leave pending separation from, or release from active duty in, that service under honorable conditions may accept a civilian office or position in the Government of the United States, its territories or possessions, or the government of the District of Columbia, and he is entitled to receive the pay of that office or position in addition to pay and allowances from the uniformed service for the unexpired portion of the terminal leave. Such a member also is entitled to accrue annual leave with pay in the manner specified in section 6303(a) of this title for a retired member of a uniformed service.
• 5 U.S.C. § 5535(a)

  Go to provision →
  (a) An officer may not receive pay in addition to the pay for his regular office for performing the duties of a vacant office as authorized by sections 3345–3347 of this title.
• 5 U.S.C. § 5538(d)

  Go to provision →
  (d) The Office of Personnel Management shall, in consultation with Secretary of Defense, prescribe any regulations necessary to carry out the preceding provisions of this section.
• 5 U.S.C. § 5538(e)(1)

  Go to provision →
  (1) The head of each agency referred to in section 2302(a)(2)(C)(ii) shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of such agency.
• 5 U.S.C. § 5538(e)(2)

  Go to provision →
  (2) The Administrator of the Federal Aviation Administration shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of that agency.
• 5 U.S.C. § 5541(1)(F)

  Go to provision →
  (F) the Office of the Architect of the Capitol; and
• 5 U.S.C. § 5541(2)(C)

  Go to provision →
  (C) an employee in or under the judicial branch, the Library of Congress, the Botanic Garden, and the Office of the Architect of the Capitol, who occupies a position subject to chapter 51 and subchapter III of chapter 53 of this title;
• 5 U.S.C. § 5541(3)(D)(i)

  Go to provision →
  (i) holds a position that the Office of Personnel Management determines would satisfy subparagraph (A), (B), or (C) if the employee were subject to subchapter III of chapter 83 or chapter 84; or
• 5 U.S.C. § 5542(c)

  Go to provision →
  (c) Subsection (a) shall not apply to an employee who is subject to the overtime pay provisions of section 7 of the Fair labor¹ Standards Act of 1938. In the case of an employee who would, were it not for the preceding sentence, be subject to this section, the Office of Personnel Management shall by regulation prescribe what hours shall be deemed to be hours of work and what hours of work shall be deemed to be overtime hours for the purpose of such section 7 so as to ensure that no employee receives less pay by reason of the preceding sentence.
• 5 U.S.C. § 5542(h)(1)(B)

  Go to provision →
  (B) The Director of the Office of Personnel Management—

  (i) shall identify the situations in which a firefighter shall be deemed to have worked hours actually worked by a substituting firefighter under a qualified trade-of-time arrangement; and

  (ii) may adopt necessary policies governing the treatment of both a substituting and substituted firefighter under a qualified trade-of-time arrangement, without regard to how those firefighters would otherwise be treated under other provisions of law or regulation.
• 5 U.S.C. § 5542(h)(2)(A)(ii)(IV)

  Go to provision →
  (IV) in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84, holds a position that the Office of Personnel Management determines would satisfy subclause (I), (II), or (III) if the employee were subject to subchapter III of chapter 83 or chapter 84; and
• 5 U.S.C. § 5544(a)

  Go to provision →
  (a) An employee whose pay is fixed and adjusted from time to time in accordance with prevailing rates under section 5343 or 5349 of this title, or by a wage board or similar administrative authority serving the same purpose, is entitled to overtime pay for overtime work in excess of 8 hours a day or 40 hours a week. However, an employee subject to this subsection who regularly is required to remain at or within the confines of his post of duty in excess of 8 hours a day in a standby or on-call status is entitled to overtime pay only for hours of duty, exclusive of eating and sleeping time, in excess of 40 a week. The overtime hourly rate of pay is computed as follows:

  (1) If the basic rate of pay of the employee is fixed on a basis other than an annual or monthly basis, multiply the basic hourly rate of pay by not less than one and one-half.

  (2) If the basic rate of pay of the employee is fixed on an annual basis, divide the basic annual rate of pay by 2,087, and multiply the quotient by one and one-half.

  (3) If the basic rate of pay of the employee is fixed on a monthly basis, multiply the basic monthly rate of pay by 12 to derive a basic annual rate of pay, divide the basic annual rate of pay by 2,087, and multiply the quotient by one and one-half.

  An employee subject to this subsection whose regular work schedule includes an 8-hour period of service a part of which is on Sunday is entitled to additional pay at the rate of 25 percent of his hourly rate of basic pay for each hour of work performed during that 8-hour period of service. For employees serving outside the United States in areas where Sunday is a routine workday and another day of the week is officially recognized as the day of rest and worship, the Secretary of State may designate the officially recognized day of rest and worship as the day with respect to which the preceding sentence shall apply instead of Sunday. Time spent in a travel status away from the official duty station of an employee subject to this subsection is not hours of work unless the travel (i) involves the performance of work while traveling, (ii) is incident to travel that involves the performance of work while traveling, (iii) is carried out under arduous conditions, or (iv) results from an event which could not be scheduled or controlled administratively (including travel by the employee to such event and the return of the employee from such event to the employee’s official duty station). The first and third sentences of this subsection shall not be applicable to an employee who is subject to the overtime pay provisions of section 7 of the Fair Labor Standards Act of 1938. In the case of an employee who would, were it not for the preceding sentence, be subject to the first and third sentences of this subsection, the Office of Personnel Management shall by regulation prescribe what hours shall be deemed to be hours of work and what hours of work shall be deemed to be overtime hours for the purpose of such section 7 so as to ensure that no employee receives less pay by reason of the preceding sentence.
• 5 U.S.C. § 5544(b)

  Go to provision →
  (b) An employee under the Office of the Architect of the Capitol who is paid on a daily or hourly basis and who is not subject to chapter 51 and subchapter III of chapter 53 of this title is entitled to overtime pay for overtime work in accordance with subsection (a) of this section. The overtime hourly rate of pay is computed in accordance with subsection (a)(1) of this section.
• 5 U.S.C. § 5545(c)

  Go to provision →
  (c) The head of an agency, with the approval of the Office of Personnel Management, may provide that—

  (1) an employee in a position requiring him regularly to remain at, or within the confines of, his station during longer than ordinary periods of duty, a substantial part of which consists of remaining in a standby status rather than performing work, shall receive premium pay for this duty on an annual basis instead of premium pay provided by other provisions of this subchapter, except for irregular, unscheduled overtime duty in excess of his regularly scheduled weekly tour. Premium pay under this paragraph is determined as an appropriate percentage, not in excess of 25 percent, of such part of the rate of basic pay for the position as does not exceed the minimum rate of basic pay for GS–10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law) (or, for a position described in section 5542(a)(3) of this title, of the basic pay of the position), by taking into consideration the number of hours of actual work required in the position, the number of hours required in a standby status at or within the confines of the station, the extent to which the duties of the position are made more onerous by night, Sunday, or holiday work, or by being extended over periods of more than 40 hours a week, and other relevant factors; or

  (2) an employee in a position in which the hours of duty cannot be controlled administratively, and which requires substantial amounts of irregular, unscheduled overtime duty with the employee generally being responsible for recognizing, without supervision, circumstances which require the employee to remain on duty, shall receive premium pay for this duty on an annual basis instead of premium pay provided by other provisions of this subchapter, except for regularly scheduled overtime, night, and Sunday duty, and for holiday duty. Premium pay under this paragraph is an appropriate percentage, not less than 10 percent nor more than 25 percent, of the rate of basic pay for the position, as determined by taking into consideration the frequency and duration of irregular, unscheduled overtime duty required in the position.
• 5 U.S.C. § 5545(d)

  Go to provision →
  (d) The Office shall establish a schedule or schedules of pay differentials for duty involving unusual physical hardship or hazard, and for any hardship or hazard related to asbestos, such differentials shall be determined by applying occupational safety and health standards consistent with the permissible exposure limit promulgated by the Secretary of Labor under the Occupational Safety and Health Act of 1970. Under such regulations as the Office may prescribe, and for such minimum periods as it determines appropriate, an employee to whom chapter 51 and subchapter III of chapter 53 of this title applies is entitled to be paid the appropriate differential for any period in which he is subjected to physical hardship or hazard not usually involved in carrying out the duties of his position. However, the pay differential—

  (1) does not apply to an employee in a position the classification of which takes into account the degree of physical hardship or hazard involved in the performance of the duties thereof, except—

  (A) an employee in an occupational series covering positions for which the primary duties involve the prevention, control, suppression, or management of wildland fires, as determined by the Office; and

  (B) in such other circumstances as the Office may by regulation prescribe; and

  (2) may not exceed an amount equal to 25 percent of the rate of basic pay applicable to the employee.
• 5 U.S.C. § 5545(d)(1)(A)

  Go to provision →
  (A) an employee in an occupational series covering positions for which the primary duties involve the prevention, control, suppression, or management of wildland fires, as determined by the Office; and
• 5 U.S.C. § 5545(d)(1)(B)

  Go to provision →
  (B) in such other circumstances as the Office may by regulation prescribe; and
• 5 U.S.C. § 5545a(h)(2)(B)

  Go to provision →
  (B) such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe.
• 5 U.S.C. § 5545a(i)

  Go to provision →
  (i) The provisions of subsections (a)–(h) providing for availability pay shall apply to any employee of the U.S. Customs and Border Protection’s Air and Marine Operations, or any successor organization, who is a law enforcement officer as defined under section 5541(3). For the purpose of this section, section 5542(d) of this title, and section 13(a)(16) and (b)(30) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(16) and (b)(30)), such employee shall be deemed to be a criminal investigator as defined in this section. The Office of Personnel Management may prescribe regulations to carry out this subsection.
• 5 U.S.C. § 5545a(j)

  Go to provision →
  (j) Notwithstanding any other provision of this section, any Office of Inspector General which employs fewer than 5 criminal investigators may elect not to cover such criminal investigators under this section.
• 5 U.S.C. § 5545a(k)(2)(C)

  Go to provision →
  (C) paragraph (2)(B) of such subsection shall be applied by substituting for “Office of Personnel Management” the following: “Office of Personnel Management or the Secretary of State (to the extent that matters exclusively within the jurisdiction of the Secretary are concerned)”.
• 5 U.S.C. § 5545b(a)

  Go to provision →
  (a) This section applies to an employee whose position is classified in the firefighter occupation in conformance with the GS–081 standard published by the Office of Personnel Management, and whose normal work schedule, as in effect throughout the year, consists of regular tours of duty which average at least 106 hours per biweekly pay period.
• 5 U.S.C. § 5545b(b)(1)

  Go to provision →
  (1) If the regular tour of duty of a firefighter subject to this section generally consists of 24-hour shifts, rather than a basic 40-hour workweek (as determined under regulations prescribed by the Office of Personnel Management), section 5504(b) shall be applied as follows in computing pay—

  (A) paragraph (1) of such section shall be deemed to require that the annual rate be divided by 2756 to derive the hourly rate; and

  (B) the computation of such firefighter’s daily, weekly, or biweekly rate shall be based on the hourly rate under subparagraph (A);
• 5 U.S.C. § 5545b(b)(2)

  Go to provision →
  (2) For the purpose of sections 5595(c), 5941, 8331(3), and 8704(c), and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe, the basic pay of a firefighter subject to this subsection shall include an amount equal to the firefighter’s basic hourly rate (as computed under paragraph (1)(A)) for all hours in such firefighter’s regular tour of duty (including overtime hours).
• 5 U.S.C. § 5545b(c)(1)

  Go to provision →
  (1) If the regular tour of duty of a firefighter subject to this section includes a basic 40-hour workweek (as determined under regulations prescribed by the Office of Personnel Management), section 5504(b) shall be applied as follows in computing pay—

  (A) the provisions of such section shall apply to the hours within the basic 40-hour workweek;

  (B) for hours outside the basic 40-hour workweek, such section shall be deemed to require that the hourly rate be derived by dividing the annual rate by 2756; and

  (C) the computation of such firefighter’s daily, weekly, or biweekly rate shall be based on subparagraphs (A) and (B), as each applies to the hours involved.
• 5 U.S.C. § 5545b(c)(2)

  Go to provision →
  (2) For purposes of sections 5595(c), 5941, 8331(3), and 8704(c), and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe, the basic pay of a firefighter subject to this subsection shall include—

  (A) an amount computed under paragraph (1)(A) for the hours within the basic 40-hour workweek; and

  (B) an amount equal to the firefighter’s basic hourly rate (as computed under paragraph (1)(B)) for all hours outside the basic 40-hour workweek that are within such firefighter’s regular tour of duty (including overtime hours).
• 5 U.S.C. § 5545b(d)(3)

  Go to provision →
  (3) The Office of Personnel Management may prescribe regulations, with respect to firefighters subject to this section, that would permit an agency to reduce or eliminate the variation in the amount of firefighters’ biweekly pay caused by work scheduling cycles that result in varying hours in the regular tours of duty from pay period to pay period. Under such regulations, the pay that a firefighter would otherwise receive for regular tours of duty over the work scheduling cycle shall, to the extent practicable, remain unaffected.
• 5 U.S.C. § 5545c(c)(2)(C)(iii)

  Go to provision →
  (iii) After publishing the report required under clause (ii), the Secretary of Agriculture and the Secretary of the Interior, in consultation with the Director of the Office of Personnel Management, may, in the sole and exclusive discretion of the Secretaries acting jointly, administratively adjust the amount of premium pay paid under this subsection (or take other administrative action) to ensure that the average annual amount of total compensation paid to covered employees, by grade, is more consistent with such amount that was paid to those employees in fiscal year 2023.
• 5 U.S.C. § 5546a(a)(1)(C)

  Go to provision →
  (C) assigned to a flight inspection crew-member position classified not lower than GS–11 located in a flight inspection field office,
• 5 U.S.C. § 5547(b)(1)

  Go to provision →
  (1) Subject to regulations prescribed by the Office of Personnel Management, subsection (a) shall not apply to an employee who is paid premium pay by reason of work in connection with an emergency (including a wildfire emergency) that involves a direct threat to life or property, including work performed in the aftermath of such an emergency.
• 5 U.S.C. § 5547(b)(3)

  Go to provision →
  (3) Subject to regulations prescribed by the Office of Personnel Management, the head of an agency may determine that subsection (a) shall not apply to an employee who is paid premium pay to perform work that is critical to the mission of the agency. Such employees may be paid premium pay under the provisions of law cited in subsection (a) if, or to the extent that, the aggregate of the basic pay and premium pay under those provisions for such employee would not, in any calendar year, exceed the greater of—

  (A) the maximum rate of basic pay payable for GS–15 in effect at the end of such calendar year (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or

  (B) the rate payable for level V of the Executive Schedule in effect at the end of such calendar year.
• 5 U.S.C. § 5547(c)

  Go to provision →
  (c) The Office of Personnel Management shall prescribe regulations governing the methods of applying subsection (b)(2) and (b)(3) to employees who receive premium pay under section 5545(c) or 5545a, or to firefighters covered by section 5545b who receive overtime pay for hours in their regular tour of duty, and the method of payment to such employees. Such regulations may limit the payment of such premium pay on a biweekly basis.
• 5 U.S.C. § 5548(a)

  Go to provision →
  (a) The Office of Personnel Management may prescribe regulations, subject to the approval of the President, necessary for the administration of this subchapter, except section 5545(d), insofar as this subchapter affects employees in or under an Executive agency.
• 5 U.S.C. § 5548(b)

  Go to provision →
  (b) The Office shall prescribe regulations necessary for the administration of section 5545(d).
• 5 U.S.C. § 5550(a)(2)

  Go to provision →
  (2) the term “border patrol agent” means an individual who is appointed to a position assigned to the Border Patrol Enforcement classification series 1896 or any successor series, consistent with classification standards established by the Office of Personnel Management;
• 5 U.S.C. § 5550(b)(1)(B)

  Go to provision →
  (B) The Director of the Office of Personnel Management shall promulgate regulations establishing procedures for elections under subparagraph (A).
• 5 U.S.C. § 5550(b)(1)(G)(i)

  Go to provision →
  (i) Not later than 1 year after the date of enactment of the Border Patrol Agent Pay Reform Act of 2014, and in consultation with the Office of Personnel Management, U.S. Customs and Border Protection shall develop and implement a plan to ensure, to the greatest extent practicable, that the assignment of a border patrol agent under this section during the 3 years of service before the border patrol agent becomes eligible for immediate retirement are consistent with the average border patrol rate of pay level to which the border patrol agent has been assigned during the course of the career of the border patrol agent.
• 5 U.S.C. § 5550(d)(1)(B)

  Go to provision →
  (B) any other purpose that the Director of the Office of Personnel Management may by regulation prescribe; and
• 5 U.S.C. § 5550a(a)

  Go to provision →
  (a) Not later than 30 days after the date of the enactment of this section, the Office of Personnel Management shall prescribe regulations providing for work schedules under which an employee whose personal religious beliefs require the abstention from work during certain periods of time, may elect to engage in overtime work for time lost for meeting those religious requirements. Any employee who so elects such overtime work shall be granted equal compensatory time off from his scheduled tour of duty (in lieu of overtime pay) for such religious reasons, notwithstanding any other provision of law.
• 5 U.S.C. § 5550a(b)

  Go to provision →
  (b) In the case of any agency described in subparagraphs (C) through (G) of section 5541(1) of this title, the head of such agency (in lieu of the Office) shall prescribe the regulations referred to in subsection (a) of this section.
• 5 U.S.C. § 5553

  Go to provision →
  The Office of Personnel Management may prescribe regulations necessary for the administration of this subchapter.
• 5 U.S.C. § 5582(a)(1)

  Go to provision →
  (1) by the Director of the Office of Personnel Management or his designee, in the case of an employee of an executive agency;
• 5 U.S.C. § 5583(a)

  Go to provision →
  (a) Under such regulations as the Director of the Office of Personnel Management may prescribe, the employing agency shall pay money due a deceased employee to the beneficiary designated by the employee under section 5582(b) of this title, or, if none, to the widow or widower of the employee.
• 5 U.S.C. § 5584(a)(3)

  Go to provision →
  (3) the Director of the Administrative Office of the United States Courts when the claim is in an amount aggregating not more than $10,000 and involves an officer or employee of the Administrative Office of the United States Courts, the Federal Judicial Center, or any of the courts set forth in section 610 of title 28.
• 5 U.S.C. § 5584(b)(2)

  Go to provision →
  (2) except in the case of employees of the Government Publishing Office, the Library of Congress, the Office of the Architect of the Capitol, or the Botanic Garden, if application for waiver is received in his office, after the expiration of three years immediately following the date on which the erroneous payment of pay was discovered or three years immediately following October 21, 1968, whichever is later;
• 5 U.S.C. § 5584(b)(3)

  Go to provision →
  (3) except in the case of employees of the Government Publishing Office, the Library of Congress, the Office of the Architect of the Capitol, or the Botanic Garden, if application for waiver is received in his office after the expiration of three years immediately following the date on which the erroneous payment of allowances was discovered or three years immediately following October 2, 1972, whichever is later;
• 5 U.S.C. § 5584(b)(4)

  Go to provision →
  (4) in the case of employees of the Government Publishing Office, the Library of Congress, the Office of the Architect of the Capitol, or the Botanic Garden, if application for waiver is received in his office after the expiration of 3 years immediately following the date on which the erroneous payment of pay or allowances was discovered or 3 years immediately following July 25, 1974, whichever is later; or
• 5 U.S.C. § 5584(b)(5)

  Go to provision →
  (5) in the case of a claim involving an erroneous payment of travel, transportation or relocation expenses and allowances, if application for waiver is received in his office after the expiration of 3 years immediately following the date on which the erroneous payment was discovered.
• 5 U.S.C. § 5584(g)

  Go to provision →
  (g) For the purpose of this section, “agency” means—

  (1) an Executive agency;

  (2) the Government Publishing Office;

  (3) the Library of Congress;

  (4) the Office of the Architect of the Capitol;

  (5) the Botanic Garden;

  (6) the Administrative Office of the United States Courts, the Federal Judicial Center, and any of the courts set forth in section 610 of title 28; and

  (7) the Congressional Budget Office.

  For purposes of this section, the Director of the Administrative Office of the United States Courts shall be the head of the agency in the case of those entities set forth in paragraph (6) of this subsection.
• 5 U.S.C. § 5584(g)(2)

  Go to provision →
  (2) the Government Publishing Office;
• 5 U.S.C. § 5584(g)(4)

  Go to provision →
  (4) the Office of the Architect of the Capitol;
• 5 U.S.C. § 5584(g)(6)

  Go to provision →
  (6) the Administrative Office of the United States Courts, the Federal Judicial Center, and any of the courts set forth in section 610 of title 28; and
• 5 U.S.C. § 5584(g)(7)

  Go to provision →
  (7) the Congressional Budget Office.
• 5 U.S.C. § 5595(a)(1)(E)

  Go to provision →
  (E) the Administrative Office of the United States Courts, the Federal Judicial Center, and the courts named by section 610 of title 28; and
• 5 U.S.C. § 5595(a)(1)(F)

  Go to provision →
  (F) the Office of the Architect of the Capitol; and
• 5 U.S.C. § 5595(a)(2)(viii)

  Go to provision →
  (viii) an employee of the Office of the Architect of the Capitol, who is employed on a temporary when actually employed basis;
• 5 U.S.C. § 5595(b)

  Go to provision →
  (b) Under regulations prescribed by the President or such officer or agency as he may designate, an employee who—

  (1) has been employed currently for a continuous period of at least 12 months; and

  (2) is involuntarily separated from the service, not by removal for cause on charges of misconduct, delinquency, or inefficiency;

  is entitled to be paid severance pay in regular pay periods by the agency from which separated. However, the Director of the Administrative Office of the United States Courts may prescribe regulations to effect the application and operation of this section to the agencies specified in subsection (a)(1)(E) of this section. The Architect of the Capitol may prescribe regulations to effect the application and operation of this section to the agency specified in subsection (a)(1)(F) of this section. The Director of the Government Publishing Office may prescribe regulations to effect the application and operation of this section to the agency specified in subsection (a)(1)(C) of this section.
• 5 U.S.C. § 5596(a)(2)

  Go to provision →
  (2) the Administrative Office of the United States Courts, the Federal Judicial Center, and the courts named by section 610 of title 28;
• 5 U.S.C. § 5596(b)(1)(B)(i)

  Go to provision →
  (i) annual leave restored under this paragraph which is in excess of the maximum leave accumulation permitted by law shall be credited to a separate leave account for the employee and shall be available for use by the employee within the time limits prescribed by regulations of the Office of Personnel Management, and
• 5 U.S.C. § 5596(b)(1)(B)(ii)

  Go to provision →
  (ii) annual leave credited under clause (i) of this subparagraph but unused and still available to the employee under regulations prescribed by the Office shall be included in the lump-sum payment under section 5551 or 5552(1) of this title but may not be retained to the credit of the employee under section 5552(2) of this title.
• 5 U.S.C. § 5596(c)

  Go to provision →
  (c) The Office of Personnel Management shall prescribe regulations to carry out this section. However, the regulations are not applicable to the Tennessee Valley Authority and its employees, or to the agencies specified in subsection (a)(2) of this section.
• 5 U.S.C. § 5597(g)(2)

  Go to provision →
  (2) If the employment is with an Executive agency, the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.
• 5 U.S.C. § 5597(g)(4)

  Go to provision →
  (4) If the employment is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.
• 5 U.S.C. § 5597(h)(1)(A)

  Go to provision →
  (A) In addition to any other payment that it is required to make under subchapter III of chapter 83 or chapter 84, the Department of Defense shall remit to the Office of Personnel Management an amount equal to 15 percent of the final basic pay of each covered employee.
• 5 U.S.C. § 5701(1)(C)

  Go to provision →
  (C) an office, agency, or other establishment in the legislative branch;
• 5 U.S.C. § 5701(1)(D)

  Go to provision →
  (D) an office, agency, or other establishment in the judicial branch; and
• 5 U.S.C. § 5701(1)(iii)

  Go to provision →
  (iii) an office or committee of either House of Congress or of the two Houses;
• 5 U.S.C. § 5707(a)(1)

  Go to provision →
  (1) The Administrator of General Services shall prescribe regulations necessary for the administration of this subchapter, except that the Director of the Administrative Office of the United States Courts shall prescribe such regulations with respect to official travel by employees of the judicial branch of the Government.
• 5 U.S.C. § 5707(c)(1)

  Go to provision →
  (1) Not later than November 30 of each year, the head of each agency shall submit to the Administrator of General Services, in a format prescribed by the Administrator and approved by the Director of the Office of Management and Budget—

  (A) data on total agency payments for such items as travel and transportation of people, average costs and durations of trips, and purposes of official travel;

  (B) data on estimated total agency payments for employee relocation; and

  (C) an analysis of the total costs of transportation service by type, and the total number of trips utilizing each transportation type for purposes of official travel.
• 5 U.S.C. § 5707(c)(3)

  Go to provision →
  (3) Not later than January 31 of each year, the Administrator of General Services shall submit to the Director of the Office of Management and Budget, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate—

  (A) an analysis of the data submitted pursuant to paragraph (1) for the agencies listed in section 901(b) of title 31 and a survey of such data for each other agency; and

  (B) a description of any new regulations promulgated or changes to existing regulations authorized under this section.
• 5 U.S.C. § 5711(f)(2)

  Go to provision →
  (2) The Patent and Trademark Office shall conduct a program under this subsection.
• 5 U.S.C. § 5711(f)(3)

  Go to provision →
  (3) In conducting the program under this subsection, the Patent and Trademark Office may pay any travel expenses of an employee for travel to and from a Patent and Trademark Office worksite or provide an employee with the option to waive any payment authorized or required under this subchapter, if—

  (A) the employee is employed at a Patent and Trademark Office worksite and enters into an approved telework arrangement;

  (B) the employee requests to telework from a location beyond the local commuting area of the Patent and Trademark Office worksite; and

  (C) the Patent and Trademark Office approves the requested arrangement for reasons of employee convenience instead of an agency need for the employee to relocate in order to perform duties specific to the new location.
• 5 U.S.C. § 5711(f)(3)(A)

  Go to provision →
  (A) the employee is employed at a Patent and Trademark Office worksite and enters into an approved telework arrangement;
• 5 U.S.C. § 5711(f)(3)(B)

  Go to provision →
  (B) the employee requests to telework from a location beyond the local commuting area of the Patent and Trademark Office worksite; and
• 5 U.S.C. § 5711(f)(3)(C)

  Go to provision →
  (C) the Patent and Trademark Office approves the requested arrangement for reasons of employee convenience instead of an agency need for the employee to relocate in order to perform duties specific to the new location.
• 5 U.S.C. § 5711(f)(4)(A)

  Go to provision →
  (A) The Patent and Trademark Office shall establish an oversight committee comprising an equal number of members representing management and labor, including representatives from each collective bargaining unit.
• 5 U.S.C. § 5711(f)(4)(B)(ii)(II)

  Go to provision →
  (II) the program is applied consistently and equitably throughout the Patent and Trademark Office; and
• 5 U.S.C. § 5711(f)(5)(B)

  Go to provision →
  (B) The Director of the Patent and Trademark Office shall prepare and submit to the appropriate committees of Congress an annual report on the operation of the program under this subsection, which shall include—

  (i) the costs and benefits of the program; and

  (ii) an analysis of the effectiveness of the program, as determined under criteria developed by the Director.
• 5 U.S.C. § 5711(f)(5)(C)

  Go to provision →
  (C) With respect to an employee of the Patent and Trademark Office who voluntarily relocates from the pre-existing duty station of that employee, the operating procedures of the program may include a reasonable maximum number of occasional visits to the pre-existing duty station before that employee is eligible for payment of any accrued travel expenses by the Office.
• 5 U.S.C. § 5721(1)(D)

  Go to provision →
  (D) the Administrative Office of the United States Courts;
• 5 U.S.C. § 5753(a)(1)(B)

  Go to provision →
  (B) employees in a category approved by the Office of Personnel Management at the request of the head of an Executive agency.
• 5 U.S.C. § 5753(b)

  Go to provision →
  (b) The Office of Personnel Management may authorize the head of an agency to pay a bonus under this section to an individual only if—

  (1) the position to which such individual is appointed (as described in paragraph (2)(A)) or to which such individual moves or must relocate (as described in paragraph (2)(B)) is likely to be difficult to fill in the absence of such a bonus; and

  (2) the individual—

  (A) is newly appointed as an employee of the Federal Government; or

  (i) is currently employed by the Federal Government; and

  (I) moves to a new position in the same geographic area under circumstances described in regulations of the Office; or

  (II) must relocate to accept a position in a different geographic area.
• 5 U.S.C. § 5753(b)(2)(B)(ii)(I)

  Go to provision →
  (I) moves to a new position in the same geographic area under circumstances described in regulations of the Office; or
• 5 U.S.C. § 5753(c)(1)

  Go to provision →
  (1) Payment of a bonus under this section shall be contingent upon the employee entering into a written service agreement to complete a period of employment with the agency, not longer than 4 years. The Office may, by regulation, prescribe a minimum service period for purposes of this section.
• 5 U.S.C. § 5753(c)(2)(A)(iv)

  Go to provision →
  (iv) other terms and conditions under which the bonus is payable, subject to the requirements of this section and regulations of the Office.
• 5 U.S.C. § 5753(c)(2)(C)

  Go to provision →
  (C) The required service period shall commence upon the commencement of service with the agency or movement to a new position or geographic area, as applicable, unless the service agreement provides for a later commencement date in circumstances and to the extent allowable under regulations of the Office, such as when there is an initial period of formal basic training.
• 5 U.S.C. § 5753(d)(1)

  Go to provision →
  (1) Except as provided in subsection (e), a bonus under this section shall not exceed 25 percent of the annual rate of basic pay of the employee at the beginning of the service period multiplied by the number of years (including a fractional part of a year, as determined under regulations of the Office) in the required service period of the employee involved.
• 5 U.S.C. § 5753(d)(4)

  Go to provision →
  (4) Under regulations of the Office, a recruitment bonus under this section may be paid to an eligible individual before that individual enters on duty.
• 5 U.S.C. § 5753(e)

  Go to provision →
  (e) The Office may authorize the head of an agency to waive the limitation under subsection (d)(1) based on a critical agency need, subject to regulations prescribed by the Office. Under such a waiver, the maximum bonus allowable shall—

  (1) be equal to the maximum that would be determined if subsection (d)(1) were applied by substituting “50” for “25”; but

  (2) in no event exceed 100 percent of the annual rate of basic pay of the employee at the beginning of the service period.

  Nothing in this subsection shall be considered to permit the waiver of any requirement under subsection (c).
• 5 U.S.C. § 5753(f)

  Go to provision →
  (f) The Office shall require that an agency establish a plan for the payment of recruitment bonuses before paying any such bonuses, and a plan for the payment of relocation bonuses before paying any such bonuses, subject to regulations prescribed by the Office.
• 5 U.S.C. § 5753(g)

  Go to provision →
  (g) The Office may prescribe regulations to carry out this section, including regulations relating to the repayment of a bonus under this section in appropriate circumstances when the agreed-upon service period has not been completed.
• 5 U.S.C. § 5754(a)(1)(B)

  Go to provision →
  (B) employees in a category approved by the Office of Personnel Management at the request of the head of an Executive agency.
• 5 U.S.C. § 5754(b)

  Go to provision →
  (b) The Office of Personnel Management may authorize the head of an agency to pay a retention bonus to an employee if—

  (1) the unusually high or unique qualifications of the employee or a special need of the agency for the employee’s services makes it essential to retain the employee; and

  (2) the agency determines that, in the absence of a retention bonus, the employee would be likely to leave—

  (A) the Federal service; or

  (B) for a different position in the Federal service under conditions described in regulations of the Office.
• 5 U.S.C. § 5754(b)(2)(B)

  Go to provision →
  (B) for a different position in the Federal service under conditions described in regulations of the Office.
• 5 U.S.C. § 5754(c)

  Go to provision →
  (c) The Office may authorize the head of an agency to pay retention bonuses to a group of employees in 1 or more categories of positions in 1 or more geographic areas, subject to the requirements of subsection (b)(1) and regulations prescribed by the Office, if there is a high risk that a significant portion of employees in the group would be likely to leave in the absence of retention bonuses.
• 5 U.S.C. § 5754(d)(2)(A)(iv)

  Go to provision →
  (iv) other terms and conditions under which the bonus is payable, subject to the requirements of this section and regulations of the Office.
• 5 U.S.C. § 5754(d)(3)(B)

  Go to provision →
  (B) If an agency pays a retention bonus in accordance with subparagraph (A) and makes a determination to terminate the payments, the agency shall provide written notice to the employee of that determination. Except as provided in regulations of the Office, the employee shall continue to be paid the retention bonus through the end of the pay period in which such written notice is provided.
• 5 U.S.C. § 5754(f)

  Go to provision →
  (f) Upon the request of the head of an agency, the Office may waive the limit established under subsection (e)(1) and permit the agency head to pay an otherwise eligible employee or category of employees retention bonuses of up to 50 percent of basic pay, based on a critical agency need.
• 5 U.S.C. § 5754(g)

  Go to provision →
  (g) The Office shall require that, before paying any bonuses under this section, an agency shall establish a plan for the payment of any such bonuses, subject to regulations prescribed by the Office.
• 5 U.S.C. § 5754(h)

  Go to provision →
  (h) The Office may prescribe regulations to carry out this section.
• 5 U.S.C. § 5755(a)(1)

  Go to provision →
  (1) The Office of Personnel Management may authorize the head of an agency to pay a differential to an employee under the General Schedule who has supervisory responsibility for 1 or more employees not under the General Schedule, if 1 or more of the subordinate employees would, in the absence of such a differential, be paid more than the supervisory employee.
• 5 U.S.C. § 5755(a)(2)

  Go to provision →
  (2) For the purposes of comparing the pay of a supervisory employee under the General Schedule with the pay of a subordinate employee not under the General Schedule, comparability payments under section 5304, differentials, and allowances that are not a part of basic pay may be taken into consideration, as provided by regulations of the Office.
• 5 U.S.C. § 5755(d)

  Go to provision →
  (d) The Office shall prescribe such regulations as it considers necessary for the administration of this section.
• 5 U.S.C. § 5756(b)(2)

  Go to provision →
  (2) The regulations shall include a limitation on the maximum amount payable with respect to an employee’s residence. The Administrator shall establish the limitation in consultation with the Director of the Office of Management and Budget. For fiscal years 1997 and 1998, the maximum amount shall be the amount equal to five percent of the sale price of the residence.
• 5 U.S.C. § 5757(f)

  Go to provision →
• 5 U.S.C. § 5759(a)

  Go to provision →
  (a) The Director of the Federal Bureau of Investigation, after consultation with the Director of the Office of Personnel Management, may pay, on a case-by-case basis, a bonus under this section to an employee of the Bureau if—

  (A) the unusually high or unique qualifications of the employee or a special need of the Bureau for the employee’s services makes it essential to retain the employee; and

  (B) the Director of the Federal Bureau of Investigation determines that, in the absence of such a bonus, the employee would be likely to leave—

  (i) the Federal service; or

  (ii) for a different position in the Federal service; or

  (2) the individual is subject to a mobility agreement and is transferred to a position in a different geographical area in which there is a shortage of critical skills (as determined by the Director of the Federal Bureau of Investigation).
• 5 U.S.C. § 5901(a)(1)

  Go to provision →
  (1) furnish to each of these employees a uniform at a cost not to exceed $400 a year (or such higher maximum amount as the Office of Personnel Management may establish under section 5902); or
• 5 U.S.C. § 5901(a)(2)

  Go to provision →
  (2) pay to each of these employees an allowance for a uniform not to exceed $400 a year (or such higher maximum amount as the Office of Personnel Management may establish under section 5902).
• 5 U.S.C. § 5902

  Go to provision →
  The Office of Personnel Management may, from time to time, by regulation adjust the maximum amount for the cost of uniforms and the maximum allowance for uniforms under section 5901.
• 5 U.S.C. § 5903

  Go to provision →
  The Office of Personnel Management may prescribe such regulations as it considers necessary for the administration of this subchapter.
• 5 U.S.C. § 6101(a)(5)

  Go to provision →
  (5) The Architect of the Capitol may apply this subsection to employees under the Office of the Architect of the Capitol or the Botanic Garden. The Librarian of Congress may apply this subsection to employees under the Library of Congress.
• 5 U.S.C. § 6101(c)

  Go to provision →
  (c) The Office of Personnel Management may prescribe regulations, subject to the approval of the President, necessary for the administration of this section insofar as this section affects employees in or under an Executive agency.
• 5 U.S.C. § 6124

  Go to provision →
  Notwithstanding sections 6103 and 6104 of this title, if any employee on a flexible schedule under section 6122 of this title is relieved or prevented from working on a day designated as a holiday by Federal statute or Executive order, such employee is entitled to pay with respect to that day for 8 hours (or, in the case of a part-time employee, an appropriate portion of the employee’s biweekly basic work requirement as determined under regulations prescribed by the Office of Personnel Management).
• 5 U.S.C. § 6125

  Go to provision →
  Notwithstanding section 6106 of this title, the Office of Personnel Management or any agency may use recording clocks as part of programs under section 6122 of this title.
• 5 U.S.C. § 6126(a)

  Go to provision →
  (a) Subject to any limitation prescribed by the Office of Personnel Management or the agency, a full-time employee on a flexible schedule can accumulate not more than 24 credit hours, and a part-time employee can accumulate not more than one-fourth of the hours in such employee’s biweekly basic work requirement, for carryover from a biweekly pay period to a succeeding biweekly pay period for credit to the basic work requirement for such period.
• 5 U.S.C. § 6133(a)

  Go to provision →
  (a) The Office of Personnel Management shall prescribe regulations necessary for the administration of the programs established under this subchapter.
• 5 U.S.C. § 6133(b)(1)

  Go to provision →
  (1) The Office shall provide educational material, and technical aids and assistance, for use by an agency in connection with establishing and maintaining programs under this subchapter.
• 5 U.S.C. § 6133(b)(2)

  Go to provision →
  (2) In order to provide the most effective materials, aids, and assistance under paragraph (1), the Office shall conduct periodic reviews of programs established by agencies under this subchapter particularly insofar as such programs may affect—

  (A) the efficiency of Government operations;

  (B) mass transit facilities and traffic;

  (C) levels of energy consumption;

  (D) service to the public;

  (E) increased opportunities for full-time and part-time employment; and

  (F) employees’ job satisfaction and nonworklife.
• 5 U.S.C. § 6133(c)(1)

  Go to provision →
  (1) With respect to employees in the Library of Congress, the authority granted to the Office of Personnel Management under this subchapter shall be exercised by the Librarian of Congress.
• 5 U.S.C. § 6133(c)(2)

  Go to provision →
  (2) With respect to employees in the Government Publishing Office, the authority granted to the Office of Personnel Management under this subchapter shall be exercised by the Director of the Government Publishing Office.
• 5 U.S.C. § 6133(c)(3)

  Go to provision →
  (3) With respect to employees of the Architect of the Capitol and the Botanic Garden, the authority granted to the Office of Personnel Management under this subchapter shall be exercised by the Architect of the Capitol.
• 5 U.S.C. § 6303(e)(1)

  Go to provision →
  (1) Not later than 180 days after the date of the enactment of this subsection, the Office of Personnel Management shall prescribe regulations under which, for purposes of determining years of service under subsection (a), credit shall, in the case of a newly appointed employee, be given for any prior service of such employee that would not otherwise be creditable for such purposes, if—

  (A) such service—

  (i) was performed in a position the duties of which directly relate to the duties of the position to which such employee is so appointed; and

  (ii) meets such other requirements as the Office may prescribe; and

  (B) in the judgment of the head of the appointing agency, the application of this subsection is necessary in order to achieve an important agency mission or performance goal.
• 5 U.S.C. § 6303(e)(1)(A)(ii)

  Go to provision →
  (ii) meets such other requirements as the Office may prescribe; and
• 5 U.S.C. § 6303(f)(2)

  Go to provision →
  (2) a pay system equivalent to either of the foregoing, as determined by the Office of Personnel Management.
• 5 U.S.C. § 6304(d)(2)

  Go to provision →
  (2) Annual leave restored under paragraph (1) of this subsection, or under clause (2) of section 5562(a) of this title, which is in excess of the maximum leave accumulation permitted by law shall be credited to a separate leave account for the employee and shall be available for use by the employee within the time limits prescribed by regulations of the Office of Personnel Management. Leave credited under this paragraph but unused and still available to the employee under the regulations prescribed by the Office shall be included in the lump-sum payment under section 5551 or 5552(1) of this title but may not be retained to the credit of the employee under section 5552(2) of this title.
• 5 U.S.C. § 6305(c)

  Go to provision →
  (c) An officer, crewmember, or other employee serving aboard an oceangoing vessel on an extended voyage may be granted leave of absence, under regulations of the Office of Personnel Management, at a rate not to exceed 2 days for each 30 calendar days of that service without regard to other leave provided by this subchapter. Leave so granted—

  (1) accumulates for future use without regard to the limitation in section 6304(b) of this title;

  (2) may not be made the basis for a lump-sum payment, except that civil service mariners of the Military Sealift Command on temporary promotion aboard ship may be paid the difference between their temporary and permanent rates of pay for leave accrued under this section and section 6303 and not otherwise used during the temporary promotion upon the expiration or termination of the temporary promotion; and

  (3) may not be made the basis for terminal leave except under such special or emergency circumstances as may be prescribed under the regulations of the Office.
• 5 U.S.C. § 6305(c)(3)

  Go to provision →
  (3) may not be made the basis for terminal leave except under such special or emergency circumstances as may be prescribed under the regulations of the Office.
• 5 U.S.C. § 6306(b)

  Go to provision →
  (b) An amount refunded under subsection (a) of this section shall be deposited in the Treasury of the United States to the credit of the employing agency. When an individual is reemployed under the same leave system, an amount of leave equal to the leave represented by the refund shall be recredited to him in the employing agency. When an individual is reemployed under a different leave system, an amount of leave equal to the leave represented by the refund shall be recredited to him in the employing agency on an adjusted basis under regulations prescribed by the Office of Personnel Management. When an individual is reemployed in a position excepted from this subchapter by section 6301(2)(x)–(xiii) of this title, an amount of leave equal to the leave represented by the refund is deemed, on separation from the service, death, or transfer to another position in the service, to have remained to his credit.
• 5 U.S.C. § 6307(d)

  Go to provision →
  (d) When required by the exigencies of the situation, a maximum of 30 days sick leave with pay may be advanced for serious disability or ailment, or for purposes relating to the adoption of a child, except that a maximum of 24 days sick leave with pay may be advanced to a member of the Firefighting Division of the Fire Department of the District of Columbia.
• 5 U.S.C. § 6307(d)(3)(B)

  Go to provision →
  (B) In the case of a part-time employee or an employee on an uncommon tour of duty, the Office of Personnel Management shall establish limitations that are proportional to those prescribed under subparagraph (A).
• 5 U.S.C. § 6307(d)(4)(B)

  Go to provision →
  (B) Not later than 6 months before the date on which this subsection is scheduled to cease to be effective, the Office shall submit a report to Congress in which it shall evaluate the operation of this subsection and make recommendations as to whether or not this subsection should be continued beyond such date.
• 5 U.S.C. § 6308(a)

  Go to provision →
  (a) The annual and sick leave to the credit of an employee who transfers between positions under different leave systems without a break in service shall be transferred to his credit in the employing agency on an adjusted basis under regulations prescribed by the Office of Personnel Management, unless the individual is excepted from this subchapter by section 6301(2)(ii), (iii), (vi), or (vii) of this title. However, when a former member receiving a retirement annuity under sections 521–535 of title 4, District of Columbia Code, is reemployed in a position to which this subchapter applies, his sick leave balance may not be recredited to his account on the later reemployment.
• 5 U.S.C. § 6311

  Go to provision →
  The Office of Personnel Management may prescribe regulations necessary for the administration of this subchapter.
• 5 U.S.C. § 6312(b)

  Go to provision →
  (b) The provisions of subsections (a) and (b) of section 6308 for transfer of leave between leave systems shall apply to the leave systems established for such county office employees and employees of such Department of Defense and Coast Guard nonappropriated fund instrumentalities, respectively.
• 5 U.S.C. § 6322(c)

  Go to provision →
  (c) The Office of Personnel Management may prescribe regulations for the administration of this section.
• 5 U.S.C. § 6326(b)

  Go to provision →
  (b) The Office of Personnel Management is authorized to issue regulations for the administration of this section.
• 5 U.S.C. § 6327(c)

  Go to provision →
  (c) The Office of Personnel Management may prescribe regulations for the administration of this section.
• 5 U.S.C. § 6329(c)(1)

  Go to provision →
  (1) In order to verify that leave credited to an employee pursuant to subsection (a) is used for treating a service-connected disability, such employee shall submit to the head of the employing agency certification, in such form and manner as the Director of the Office of Personnel Management may prescribe, that such employee used such leave for purposes of being furnished treatment for such disability by a health care provider.
• 5 U.S.C. § 6329(c)(2)

  Go to provision →
  (2) In the case of an employee of an office of the legislative branch, the certification described in paragraph (1) shall be prescribed—

  (A) in the case of an employee of the House of Representatives, by the Committee on House Administration of the House of Representatives;

  (B) in the case of an employee of the Senate, by the Committee on Rules and Administration of the Senate; or

  (C) in the case of an employee of any other office of the legislative branch, by the head of the office.
• 5 U.S.C. § 6329(c)(2)(C)

  Go to provision →
  (C) in the case of an employee of any other office of the legislative branch, by the head of the office.
• 5 U.S.C. § 6329a(a)(2)(C)

  Go to provision →
  (C) does not include the Government Accountability Office; and
• 5 U.S.C. § 6329a(c)(1)

  Go to provision →
  (1) Not later than 270 calendar days after the date of enactment of this section, the Director of the Office of Personnel Management shall—

  (A) prescribe regulations to carry out this section; and

  (B) prescribe regulations that provide guidance to agencies regarding—

  (i) acceptable agency uses of administrative leave; and

  (ii) the proper recording of—

  (I) administrative leave; and

  (II) other leave authorized by law.
• 5 U.S.C. § 6329a(c)(2)

  Go to provision →
  (2) Not later than 270 calendar days after the date on which the Director of the Office of Personnel Management prescribes regulations under paragraph (1), each agency shall revise and implement the internal policies of the agency to meet the requirements of this section.
• 5 U.S.C. § 6329b(a)(1)(C)

  Go to provision →
  (C) does not include the Government Accountability Office;
• 5 U.S.C. § 6329b(a)(4)

  Go to provision →
  (4) the term “Director” means the Director of the Office of Personnel Management;
• 5 U.S.C. § 6329b(a)(6)(B)

  Go to provision →
  (B) the Office of Inspector General of an agency granting investigative leave under this section;
• 5 U.S.C. § 6329b(a)(6)(D)

  Go to provision →
  (D) the Office of Special Counsel;
• 5 U.S.C. § 6329b(c)(4)(A)

  Go to provision →
  (A) In the case of an employee of an Office of Inspector General—

  (i) the Inspector General or the designee of the Inspector General, rather than the Chief Human Capital Officer or the designee of the Chief Human Capital Officer, shall approve an extension of a period of investigative leave for the employee under paragraph (1); or

  (ii) at the request of the Inspector General, the head of the agency within which the Office of Inspector General is located shall designate an official of the agency to approve an extension of a period of investigative leave for the employee under paragraph (1).
• 5 U.S.C. § 6329b(c)(4)(A)(ii)

  Go to provision →
  (ii) at the request of the Inspector General, the head of the agency within which the Office of Inspector General is located shall designate an official of the agency to approve an extension of a period of investigative leave for the employee under paragraph (1).
• 5 U.S.C. § 6329b(c)(4)(B)

  Go to provision →
  (B) Not later than 270 calendar days after the date of enactment of this section, the Council of the Inspectors General on Integrity and Efficiency shall issue guidance to ensure that if the Inspector General or the head of an agency, at the request of the Inspector General, delegates the authority to approve an extension under subparagraph (A) to a designee, the designee is at a sufficiently high level within the Office of Inspector General or the agency, as applicable, to make an impartial and independent determination regarding the extension.
• 5 U.S.C. § 6329b(d)(1)(A)

  Go to provision →
  (A) the title, position, office or agency subcomponent, job series, pay grade, and salary of the employee;
• 5 U.S.C. § 6329b(f)(2)(B)

  Go to provision →
  (B) to the Office of Personnel Management; and
• 5 U.S.C. § 6329c(a)(1)(C)

  Go to provision →
  (C) does not include the Government Accountability Office; and
• 5 U.S.C. § 6329c(d)

  Go to provision →
  (d) Not later than 270 days after the date of enactment of this section, the Director of the Office of Personnel Management shall prescribe regulations to carry out this section, including—

  (1) guidance to agencies regarding the appropriate purposes for providing leave under this section; and

  (2) the proper recording of leave provided under this section.
• 5 U.S.C. § 6332

  Go to provision →
  Notwithstanding any provision of subchapter I, and subject to the provisions of this subchapter, the Office of Personnel Management shall establish a program under which annual leave accrued or accumulated by an employee may be transferred to the annual leave account of any other employee if such other employee requires additional leave because of a medical emer­gency.
• 5 U.S.C. § 6333(b)(2)(C)(ii)

  Go to provision →
  (ii) the term “medical treatment” has such meaning as the Office of Personnel Management shall by regulation prescribe.
• 5 U.S.C. § 6334(c)

  Go to provision →
  (c) The Office of Personnel Management shall prescribe regulations to include procedures to carry out this subchapter when the leave donor and the leave recipient are employed by different agencies.
• 5 U.S.C. § 6335(b)(1)

  Go to provision →
  (1) The employing agency of a leave recipient shall, consistent with guidelines prescribed by the Office of Personnel Management, establish procedures to ensure that a leave recipient is not permitted to use or receive any transferred leave under this subchapter after the medical emergency terminates.
• 5 U.S.C. § 6336(a)(1)

  Go to provision →
  (1) The Office of Personnel Management shall establish procedures under which, except as provided in paragraph (2), any transferred leave remaining to the credit of a leave recipient when the medical emergency affecting the leave recipient terminates shall be restored on a prorated basis by transfer to the appropriate accounts of the respective leave donors.
• 5 U.S.C. § 6336(a)(2)(A)

  Go to provision →
  (A) if the amount of leave which would be restored to such donor would be less than 1 hour or any other shorter period of time which the Office may by regulation prescribe;
• 5 U.S.C. § 6336(a)(2)(C)

  Go to provision →
  (C) if such restoration is not administratively feasible, as determined under regulations prescribed by the Office.
• 5 U.S.C. § 6336(c)

  Go to provision →
  (c) The Office shall prescribe regulations under which this section shall be applied in the case of an employee who is paid other than on the basis of biweekly pay periods.
• 5 U.S.C. § 6339(c)(2)

  Go to provision →
  (2) To the extent practicable and consistent with the protection of intelligence sources and methods, any program established under paragraph (1) shall be consistent with the provisions of this subchapter outside of this section and with any regulations issued by the Office of Personnel Management implementing this subchapter.
• 5 U.S.C. § 6339(d)

  Go to provision →
  (d) The Office shall provide the head of an excepted agency with such advice and assistance as the head of such agency may request in order to carry out the purposes of this section.
• 5 U.S.C. § 6340

  Go to provision →
  Except to the extent that the Office of Personnel Management may prescribe regulations, nothing in section 7351 shall apply with respect to a solicitation, donation, or acceptance of leave under this subchapter.
• 5 U.S.C. § 6362

  Go to provision →
  Notwithstanding any provision of subchapter I, and subject to the provisions of this subchapter, the Office of Personnel Management shall establish a program under which—
• 5 U.S.C. § 6363

  Go to provision →
  Each agency that establishes a leave bank program under section 6362 shall establish 1 or more leave banks in accordance with regulations prescribed by the Office of Personnel Management.
• 5 U.S.C. § 6364(a)(1)

  Go to provision →
  (1) Each agency that establishes a leave bank shall establish a Leave Bank Board consisting of 3 members, at least one of whom shall represent a labor organization or employee group, to administer the leave bank under the provisions of this subchapter, in consultation with the Office of Personnel Management.
• 5 U.S.C. § 6365(d)

  Go to provision →
  (d) The Office of Personnel Management shall prescribe regulations establishing an open enrollment period during which an employee may contribute leave under subsection (a) for a leave year.
• 5 U.S.C. § 6366(b)(2)

  Go to provision →
  (2) Notwithstanding the provisions of paragraph (1), the Leave Bank Board of an agency, after consultation with the Office of Personnel Management, may—

  (A) reduce the minimum number of hours required under paragraph (1) for any leave year, if such Board determines there is a surplus of leave in the leave bank; and

  (B) increase the number of minimum hours required under paragraph (1) for the succeeding leave year, in any leave year in which the Board determines there is a shortage of leave in the leave bank.
• 5 U.S.C. § 6367(e)

  Go to provision →
  (e) Except to the extent that the Office of Personnel Management may prescribe regulations, nothing in the provisions of section 7351 shall apply to any solicitation, contribution, or use of leave to or from a leave bank under this subchapter.
• 5 U.S.C. § 6368(b)(1)

  Go to provision →
  (1) The Leave Bank Board of a recipient shall, consistent with guidelines prescribed by the Office of Personnel Management, establish procedures to ensure that a leave recipient is not permitted to use or receive any transferred leave under this subchapter after the medical emergency terminates.
• 5 U.S.C. § 6369

  Go to provision →
  The Office of Personnel Management shall establish procedures under which any transferred leave remaining to the credit of a leave recipient when the medical emergency affecting the leave recipient terminates, shall be restored to the leave bank.
• 5 U.S.C. § 6372(d)

  Go to provision →
  (d) The Office of Personnel Management shall provide the head of an excepted agency with such advice and assistance as the head of such agency may request in order to carry out the purposes of this section.
• 5 U.S.C. § 6373(a)

  Go to provision →
  (a) The Office of Personnel Management shall prescribe regulations under which an employee participating in a leave bank program under this subchapter may, subject to such terms or conditions as the Office may establish, also make or receive donations of leave under subchapter III.
• 5 U.S.C. § 6381(1)(A)

  Go to provision →
  (A) is an “employee”, as defined by section 6301(2), including any individual employed in a position referred to in clause (ix) of section 6301(2), but excluding any individual employed by the government of the District of Columbia¹ any individual employed on a temporary or intermittent basis, and any employee of the Government Accountability Office or the Library of Congress; and
• 5 U.S.C. § 6381(2)(B)

  Go to provision →
  (B) any other person determined by the Director of the Office of Personnel Management to be capable of providing health care services;
• 5 U.S.C. § 6381(11)(A)

  Go to provision →
  (A) in the case of a member of the Armed Forces (including a member of the National Guard or Reserves), means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating; and
• 5 U.S.C. § 6383(f)

  Go to provision →
  (f) An employing agency may require that a request for leave under paragraph (1)(E) or (3) of section 6382(a) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe.
• 5 U.S.C. § 6387

  Go to provision →
  The Office of Personnel Management shall prescribe regulations necessary for the administration of this subchapter. The regulations prescribed under this subchapter shall, to the extent appropriate, be consistent with the regulations prescribed by the Secretary of Labor to carry out title I of the Family and Medical Leave Act of 1993.
• 5 U.S.C. § 6391(b)

  Go to provision →
  (b) In the event of a major disaster or emergency, as declared by the President, that results in severe adverse effects for a substantial number of employees, the President may direct the Office of Personnel Management to establish an emergency leave transfer program under which any employee in any agency may donate unused annual leave for transfer to employees of the same or other agencies who are adversely affected by such disaster or emergency.
• 5 U.S.C. § 6391(c)

  Go to provision →
  (c) The Office shall establish appropriate requirements for the operation of the emergency leave transfer program under subsection (b), including appropriate limitations on the donation and use of annual leave under the program. An employee may receive and use leave under the program without regard to any requirement that any annual leave and sick leave to a leave recipient’s credit must be exhausted before any transferred annual leave may be used.
• 5 U.S.C. § 6391(d)

  Go to provision →
  (d) A leave bank established under subchapter IV may, to the extent provided in regulations prescribed by the Office, donate annual leave to the emergency leave transfer program established under subsection (b).
• 5 U.S.C. § 6391(e)

  Go to provision →
  (e) Except to the extent that the Office may prescribe by regulation, nothing in section 7351 shall apply to any solicitation, donation, or acceptance of leave under this section.
• 5 U.S.C. § 6391(f)

  Go to provision →
  (f) After consultation with the Administrative Office of the United States Courts, the Office of Personnel Management shall provide for the participation of employees in the judicial branch in any emergency leave transfer program under this section.
• 5 U.S.C. § 6391(g)

  Go to provision →
  (g) The Office shall prescribe regulations necessary for the administration of this section.
• 5 U.S.C. § 6503(a)(4)

  Go to provision →
  (4) when determining what constitutes diminished employee performance, the agency shall consult the performance management guidelines of the Office of Personnel Management.
• 5 U.S.C. § 6504(a)

  Go to provision →
  (a) Each executive agency shall consult with the Office of Personnel Management in developing telework policies.
• 5 U.S.C. § 6504(b)

  Go to provision →
  (b) The Office of Personnel Management shall—

  (1) provide policy and policy guidance for telework in the areas of pay and leave, agency closure, performance management, official worksite, recruitment and retention, and accommodations for employees with disabilities;

  (2) assist each agency in establishing appropriate qualitative and quantitative measures and teleworking goals; and

  (3) consult with—

  (A) the Federal Emergency Management Agency on policy and policy guidance for telework in the areas of continuation of operations and long-term emergencies;

  (B) the General Services Administration on policy and policy guidance for telework in the areas of telework centers, travel, technology, equipment, and dependent care; and

  (C) the National Archives and Records Administration on policy and policy guidance for telework in the areas of efficient and effective records management and the preservation of records, including Presidential and Vice-Presidential records.
• 5 U.S.C. § 6504(c)(1)

  Go to provision →
  (1) The Director of the Office of Management and Budget, in coordination with the Department of Homeland Security and the National Institute of Standards and Technology, shall issue guidelines not later than 180 days after the date of the enactment of this chapter to ensure the adequacy of information and security protections for information and information systems used while teleworking.
• 5 U.S.C. § 6504(e)

  Go to provision →
  (e) The Office of Personnel Management shall—

  (1) maintain a central telework website; and

  (2) include on that website related—

  (A) telework links;

  (B) announcements;

  (C) guidance developed by the Office of Personnel Management; and

  (D) guidance submitted by the Federal Emergency Management Agency, and the General Services Administration to the Office of Personnel Management not later than 10 business days after the date of submission.
• 5 U.S.C. § 6504(e)(2)(C)

  Go to provision →
  (C) guidance developed by the Office of Personnel Management; and
• 5 U.S.C. § 6504(e)(2)(D)

  Go to provision →
  (D) guidance submitted by the Federal Emergency Management Agency, and the General Services Administration to the Office of Personnel Management not later than 10 business days after the date of submission.
• 5 U.S.C. § 6504(f)

  Go to provision →
  (f) Not later than 120 days after the date of the enactment of this chapter, the Director of the Office of Management and Budget shall issue policy guidance requiring each executive agency when purchasing computer systems, to purchase computer systems that enable and support telework, unless the head of the agency determines that there is a mission-specific reason not to do so.
• 5 U.S.C. § 6505(a)

  Go to provision →
  (a) The head of each executive agency shall designate an employee of the agency as the Telework Managing Officer. The Telework Managing Officer shall be established within the Office of the Chief Human Capital Officer or a comparable office with similar functions.
• 5 U.S.C. § 6505(b)(2)(C)

  Go to provision →
  (C) a primary agency point of contact for the Office of Personnel Management on telework matters; and
• 5 U.S.C. § 6505(d)

  Go to provision →
  (d) Nothing in this section shall be construed to prohibit an individual who holds another office or position in an agency from serving as the Telework Managing Officer for the agency under this chapter.
• 5 U.S.C. § 6506(a)

  Go to provision →
  (a) In this section, the term “executive agency” shall not include the Government Accountability Office.
• 5 U.S.C. § 6506(b)(1)

  Go to provision →
  (1) Not later than 18 months after the date of enactment of this chapter and on an annual basis thereafter, the Director of the Office of Personnel Management, in consultation with Chief¹ Human Capital Officers Council, shall—

  (A) submit a report addressing the telework programs of each executive agency to—

  (i) the Committee on Homeland Security and Governmental Affairs of the Senate; and

  (ii) the Committee on Oversight and Government Reform of the House of Representatives; and

  (B) transmit a copy of the report to the Comptroller General and the Office of Management and Budget.
• 5 U.S.C. § 6506(b)(1)(B)

  Go to provision →
  (B) transmit a copy of the report to the Comptroller General and the Office of Management and Budget.
• 5 U.S.C. § 6506(c)(1)(A)

  Go to provision →
  (A) Not later than 18 months after the date of enactment of this chapter and on an annual basis thereafter, the Comptroller General shall submit a report addressing the telework program of the Government Accountability Office to—

  (i) the Committee on Homeland Security and Governmental Affairs of the Senate; and

  (ii) the Committee on Oversight and Government Reform of the House of Representatives.
• 5 U.S.C. § 6506(c)(1)(B)

  Go to provision →
  (B) Each report submitted by the Comptroller General shall include the same information as required under subsection (b) applicable to the Government Accountability Office.
• 5 U.S.C. § 7103(a)(3)(A)

  Go to provision →
  (A) the Government Accountability Office;
• 5 U.S.C. § 7104(a)

  Go to provision →
  (a) The Federal Labor Relations Authority is composed of three members, not more than 2 of whom may be adherents of the same political party. No member shall engage in any other business or employment or hold another office or position in the Government of the United States except as otherwise provided by law.
• 5 U.S.C. § 7104(b)

  Go to provision →
  (b) Members of the Authority shall be appointed by the President by and with the advice and consent of the Senate, and may be removed by the President only upon notice and hearing and only for inefficiency, neglect of duty, or malfeasance in office. The President shall designate one member to serve as Chairman of the Authority. The Chairman is the chief executive and administrative officer of the Authority.
• 5 U.S.C. § 7104(c)(1)

  Go to provision →
  (1) the date on which the member’s successor takes office, or
• 5 U.S.C. § 7104(c)(2)

  Go to provision →
  (2) the last day of the Congress beginning after the date on which the member’s term of office would (but for this paragraph) expire.
• 5 U.S.C. § 7104(f)(1)

  Go to provision →
  (1) The General Counsel of the Authority shall be appointed by the President, by and with the advice and consent of the Senate, for a term of 5 years. The General Counsel may be removed at any time by the President. The General Counsel shall hold no other office or position in the Government of the United States except as provided by law.
• 5 U.S.C. § 7104(f)(3)

  Go to provision →
  (3) The General Counsel shall have direct authority over, and responsibility for, all employees in the office of General Counsel, including employees of the General Counsel in the regional offices of the Authority.
• 5 U.S.C. § 7105(c)

  Go to provision →
  (c) The principal office of the Authority shall be in or about the District of Columbia, but the Authority may meet and exercise any or all of its powers at any time or place. Except as otherwise expressly provided by law, the Authority may, by one or more of its members or by such agents as it may designate, make any appropriate inquiry necessary to carry out its duties wherever persons subject to this chapter are located. Any member who participates in the inquiry shall not be disqualified from later participating in a decision of the Authority in any case relating to the inquiry.
• 5 U.S.C. § 7105(i)

  Go to provision →
  (i) In the exercise of the functions of the Authority under this title, the Authority may request from the Director of the Office of Personnel Management an advisory opinion concerning the proper interpretation of rules, regulations, or policy directives issued by the Office of Personnel Management in connection with any matter before the Authority.
• 5 U.S.C. § 7118(b)

  Go to provision →
  (b) In connection with any matter before the Authority in any proceeding under this section, the Authority may request, in accordance with the provisions of section 7105(i) of this title, from the Director of the Office of Personnel Management an advisory opinion concerning the proper interpretation of rules, regulations, or other policy directives issued by the Office of Personnel Management.
• 5 U.S.C. § 7120(a)(2)

  Go to provision →
  (2) the exclusion from office in the organization of persons affiliated with communist or other totalitarian movements and persons identified with corrupt influences;
• 5 U.S.C. § 7121(g)(4)(C)

  Go to provision →
  (C) the remedy described in paragraph (3)(C) if such person has sought corrective action from the Office of Special Counsel by making an allegation under section 1214(a)(1).
• 5 U.S.C. § 7132(a)

  Go to provision →
  (a) Any member of the Authority, the General Counsel, or the Panel, any administrative law judge appointed by the Authority under section 3105 of this title, and any employee of the Authority designated by the Authority may—

  (1) issue subpenas requiring the attendance and testimony of witnesses and the production of documentary or other evidence from any place in the United States; and

  (2) administer oaths, take or order the taking of depositions, order responses to written interrogatories, examine witnesses, and receive evidence.

  No subpena shall be issued under this section which requires the disclosure of intramanagement guidance, advice, counsel, or training within an agency or between an agency and the Office of Personnel Management.
• 5 U.S.C. § 7201(a)(1)

  Go to provision →
  (1) “underrepresentation” means a situation in which the number of members of a minority group designation (determined by the Equal Employment Opportunity Commission in consultation with the Office of Personnel Management, on the basis of the policy set forth in subsection (b) of this section) within a category of civil service employment constitutes a lower percentage of the total number of employees within the employment category than the percentage that the minority constituted within the labor force of the United States, as determined under the most recent decennial or mid-decade census, or current population survey, under title 13, and
• 5 U.S.C. § 7201(a)(2)(C)

  Go to provision →
  (C) such occupational, professional, or other groupings (including occupational series) within the categories established under subparagraphs (A) and (B) of this paragraph as the Office determines appropriate.
• 5 U.S.C. § 7201(c)

  Go to provision →
  (c) Not later than 180 days after the date of the enactment of the Civil Service Reform Act of 1978, the Office of Personnel Management shall, by regulation, implement a minority recruitment program which shall provide, to the maximum extent practicable—

  (1) that each Executive agency conduct a continuing program for the recruitment of members of minorities for positions in the agency to carry out the policy set forth in subsection (b) in a manner designed to eliminate underrepresentation of minorities in the various categories of civil service employment within the Federal service, with special efforts directed at recruiting in minority communities, in educational institutions, and from other sources from which minorities can be recruited; and

  (2) that the Office conduct a continuing program of—

  (A) assistance to agencies in carrying out programs under paragraph (1) of this subsection, and

  (B) evaluation and oversight and such recruitment programs to determine their effectiveness in eliminating such minority underrepresentation.
• 5 U.S.C. § 7201(c)(2)

  Go to provision →
  (2) that the Office conduct a continuing program of—

  (A) assistance to agencies in carrying out programs under paragraph (1) of this subsection, and

  (B) evaluation and oversight and such recruitment programs to determine their effectiveness in eliminating such minority underrepresentation.
• 5 U.S.C. § 7201(d)(3)

  Go to provision →
  (3) transmit to the Executive agencies involved, to the Office of Personnel Management, and to the Congress the determinations made under paragraph (2) of this subsection.
• 5 U.S.C. § 7201(e)

  Go to provision →
  (e) Not later than January 31 of each year, the Office shall prepare and transmit to each House of the Congress a report on the activities of the Office and of Executive agencies under subsection (c) of this section, including the affirmative action plans submitted under section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16), the personnel data file maintained by the Office of Personnel Management, and any other data necessary to evaluate the effectiveness of the program for each category of civil service employment and for each minority group designation, for the preceding fiscal year, together with recommendations for administrative or legislative action the Office considers appropriate.
• 5 U.S.C. § 7203

  Go to provision →
  The President may prescribe rules which shall prohibit, as nearly as conditions of good administration warrant, discrimination because of handicapping condition in an Executive agency or in the competitive service with respect to a position the duties of which, in the opinion of the Office of Personnel Management, can be performed efficiently by an individual with a handicapping condition, except that the employment may not endanger the health or safety of the individual or others.
• 5 U.S.C. § 7204(c)

  Go to provision →
  (c) The Office of Personnel Management may prescribe regulations necessary for the administration of subsection (b) of this section.
• 5 U.S.C. § 7302(a)

  Go to provision →
  (a) Not later than the effective date of the amendments made by section 1106 of the National Defense Authorization Act for Fiscal Year 2004,¹ or 180 days after the date of the enactment of that Act, whichever is later, the Office of Personnel Management shall, in consultation with the Attorney General and the Office of Government Ethics, promulgate regulations requiring that each Executive branch agency notify any employee of that agency who is subject to the provisions of section 207(c)(1) of title 18, as a result of the amendment to section 207(c)(2)(A)(ii) of that title by that Act.
• 5 U.S.C. § 7312

  Go to provision →
  Removal under section 7532 of this title does not affect the right of an individual so removed to seek or accept employment in an agency of the United States other than the agency from which removed. However, the appointment of an individual so removed may be made only after the head of the agency concerned has consulted with the Office of Personnel Management. The Office, on written request of the head of the agency or the individual so removed, may determine whether the individual is eligible for employment in an agency other than the agency from which removed.
• 5 U.S.C. § 7322(1)

  Go to provision →
  (1) “employee” means any individual, other than the President and the Vice President, employed or holding office in—

  (A) an Executive agency other than the Government Accountability Office; or

  (B) a position within the competitive service which is not in an Executive agency;

  but does not include a member of the uniformed services or an individual employed or holding office in the government of the District of Columbia;
• 5 U.S.C. § 7322(1)(A)

  Go to provision →
  (A) an Executive agency other than the Government Accountability Office; or
• 5 U.S.C. § 7322(2)

  Go to provision →
  (2) “partisan political office” means any office for which any candidate is nominated or elected as representing a party any of whose candidates for Presidential elector received votes in the last preceding election at which Presidential electors were selected, but shall exclude any office or position within a political party or affiliated organization; and
• 5 U.S.C. § 7323(a)(4)(A)

  Go to provision →
  (A) has an application for any compensation, grant, contract, ruling, license, permit, or certificate pending before the employing office of such employee; or
• 5 U.S.C. § 7323(a)(4)(B)

  Go to provision →
  (B) is the subject of or a participant in an ongoing audit, investigation, or enforcement action being carried out by the employing office of such employee.
• 5 U.S.C. § 7323(b)(2)(B)(i)(IX)

  Go to provision →
  (IX) the Office of Special Counsel;
• 5 U.S.C. § 7323(b)(2)(B)(i)(X)

  Go to provision →
  (X) the Office of Criminal Investigation of the Internal Revenue Service;
• 5 U.S.C. § 7323(b)(2)(B)(i)(XI)

  Go to provision →
  (XI) the Office of Investigative Programs of the United States Customs Service;
• 5 U.S.C. § 7323(b)(2)(B)(i)(XII)

  Go to provision →
  (XII) the Office of Law Enforcement of the Bureau of Alcohol, Tobacco, and Firearms;
• 5 U.S.C. § 7323(b)(2)(B)(i)(XIV)

  Go to provision →
  (XIV) the Office of the Director of National Intelligence; or
• 5 U.S.C. § 7324(a)(2)

  Go to provision →
  (2) in any room or building occupied in the discharge of official duties by an individual employed or holding office in the Government of the United States or any agency or instrumentality thereof;
• 5 U.S.C. § 7324(a)(3)

  Go to provision →
  (3) while wearing a uniform or official insignia identifying the office or position of the employee; or
• 5 U.S.C. § 7324(b)(2)(B)(i)

  Go to provision →
  (i) an employee paid from an appropriation for the Executive Office of the President; or
• 5 U.S.C. § 7325

  Go to provision →
  The Office of Personnel Management may prescribe regulations permitting employees, without regard to the prohibitions in paragraphs (2) and (3) of section 7323(a) and paragraph (2) of section 7323(b) of this title, to take an active part in political management and political campaigns involving the municipality or other political subdivision in which they reside, to the extent the Office considers it to be in their domestic interest, when—
• 5 U.S.C. § 7325(2)

  Go to provision →
  (2) the Office determines that because of special or unusual circumstances which exist in the municipality or political subdivision it is in the domestic interest of the employees and individuals to permit that political participation.
• 5 U.S.C. § 7342(a)(1)(C)

  Go to provision →
  (C) an individual employed by, or occupying an office or position in, the government of a territory or possession of the United States or the government of the District of Columbia;
• 5 U.S.C. § 7342(a)(6)(C)

  Go to provision →
  (C) the Administrative Office of the United States Courts, for judges and judicial branch employees; and
• 5 U.S.C. § 7342(a)(6)(D)

  Go to provision →
  (D) the department, agency, office, or other entity in which an employee is employed, for other legislative branch employees and for all executive branch employees.
• 5 U.S.C. § 7351(c)

  Go to provision →
  (c) Each supervising ethics office (as defined in section 7353(d)(1)) is authorized to issue regulations implementing this section, including regulations exempting voluntary gifts or contributions that are given or received for special occasions such as marriage or retirement or under other circumstances in which gifts are traditionally given or exchanged.
• 5 U.S.C. § 7353(b)(1)

  Go to provision →
  (1) Each supervising ethics office is authorized to issue rules or regulations implementing the provisions of this section and providing for such reasonable exceptions as may be appropriate.
• 5 U.S.C. § 7353(b)(2)(A)

  Go to provision →
  (A) Subject to subparagraph (B), a Member, officer, or employee may accept a gift pursuant to rules or regulations established by such individual’s supervising ethics office pursuant to paragraph (1).
• 5 U.S.C. § 7353(d)(1)

  Go to provision →
  (1) the term “supervising ethics office” means—

  (A) the Committee on Standards of Official Conduct of the House of Representatives or the House of Representatives as a whole, for Members, officers, and employees of the House of Representatives;

  (B) the Select Committee on Ethics of the Senate, or the Senate as a whole, for Senators, officers, and employees of the Senate;

  (C) the Judicial Conference of the United States for judges and judicial branch officers and employees;

  (D) the Office of Government Ethics for all executive branch officers and employees; and

  (E) in the case of legislative branch officers and employees other than those specified in subparagraphs (A) and (B), the committee referred to in either such subparagraph to which reports filed by such officers and employees under subchapter I of chapter 131 of this title are transmitted under such subchapter, except that the authority of this section may be delegated by such committee with respect to such officers and employees; and
• 5 U.S.C. § 7353(d)(1)(D)

  Go to provision →
  (D) the Office of Government Ethics for all executive branch officers and employees; and
• 5 U.S.C. § 7361(a)

  Go to provision →
  (a) The Office of Personnel Management shall be responsible for developing, in cooperation with the President, with the Secretary of Health and Human Services (acting through the National Institute on Drug Abuse), and with other agencies, and in accordance with applicable provisions of this subchapter, appropriate prevention, treatment, and rehabilitation programs and services for drug abuse among employees. Such agencies are encouraged to extend, to the extent feasible, such programs and services to the families of employees and to employees who have family members who are drug abusers. Such programs and services shall make optimal use of existing governmental facilities, services, and skills.
• 5 U.S.C. § 7361(c)

  Go to provision →
  (c) Each agency shall, with respect to any programs or services provided by such agency, submit such written reports as the Office may require in connection with any report required under section 7363 of this title.
• 5 U.S.C. § 7362(a)

  Go to provision →
  (a) The Office of Personnel Management shall be responsible for developing, in cooperation with the Secretary of Health and Human Services and with other agencies, and in accordance with applicable provisions of this subpart, appropriate prevention, treatment, and rehabilitation programs and services for alcohol abuse and alcoholism among employees. Such agencies are encouraged to extend, to the extent feasible, such programs and services to the families of alcoholic employees and to employees who have family members who are alcoholics. Such programs and services shall make optimal use of existing governmental facilities, services, and skills.
• 5 U.S.C. § 7362(c)

  Go to provision →
  (c) Each agency shall, with respect to any programs or services provided by such agency, submit such written reports as the Office may require in connection with any report required under section 7363 of this title.
• 5 U.S.C. § 7363(a)

  Go to provision →
  (a) The Office of Personnel Management shall, within 6 months after the date of the enactment of the Federal Employee Substance Abuse Education and Treatment Act of 1986 and annually thereafter, submit to each House of Congress a report containing the matters described in subsection (b).
• 5 U.S.C. § 7363(b)(5)

  Go to provision →
  (5) any recommendations for legislation considered appropriate by the Office and any proposed administrative actions; and
• 5 U.S.C. § 7363(b)(6)

  Go to provision →
  (6) information describing any other related activities under section 7904 of this title, and any other matter which the Office considers appropriate.
• 5 U.S.C. § 7503(a)

  Go to provision →
  (a) Under regulations prescribed by the Office of Personnel Management, an employee may be suspended for 14 days or less for such cause as will promote the efficiency of the service (including discourteous conduct to the public confirmed by an immediate supervisor’s report of four such instances within any one-year period or any other pattern of discourteous conduct).
• 5 U.S.C. § 7504

  Go to provision →
  The Office of Personnel Management may prescribe regulations to carry out the purpose of this subchapter.
• 5 U.S.C. § 7511(b)(2)(B)

  Go to provision →
  (B) the Office of Personnel Management for a position that the Office has excepted from the competitive service; or
• 5 U.S.C. § 7511(b)(7)

  Go to provision →
  (7) whose position is within the Central Intelligence Agency or the Government Accountability Office;
• 5 U.S.C. § 7511(c)

  Go to provision →
  (c) The Office may provide for the application of this subchapter to any position or group of positions excepted from the competitive service by regulation of the Office which is not otherwise covered by this subchapter.
• 5 U.S.C. § 7512(F)

  Go to provision →
  (F) a suitability action taken by the Office under regulations prescribed by the Office, subject to the rules prescribed by the President under this title for the administration of the competitive service.
• 5 U.S.C. § 7513(a)

  Go to provision →
  (a) Under regulations prescribed by the Office of Personnel Management, an agency may take an action covered by this subchapter against an employee only for such cause as will promote the efficiency of the service.
• 5 U.S.C. § 7514

  Go to provision →
  The Office of Personnel Management may prescribe regulations to carry out the purpose of this subchapter, except as it concerns any matter with respect to which the Merit Systems Protection Board may prescribe regulations.
• 5 U.S.C. § 7543(a)

  Go to provision →
  (a) Under regulations prescribed by the Office of Personnel Management, an agency may take an action covered by this subchapter against an employee only for misconduct, neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.
• 5 U.S.C. § 7701(b)(1)

  Go to provision →
  (1) The Board may hear any case appealed to it or may refer the case to an administrative law judge appointed under section 3105 of this title or other employee of the Board designated by the Board to hear such cases, except that in any case involving a removal from the service, the case shall be heard by the Board, an employee experienced in hearing appeals, or an administrative law judge. The Board, administrative law judge, or other employee (as the case may be) shall make a decision after receipt of the written representations of the parties to the appeal and after opportunity for a hearing under subsection (a)(1) of this section. A copy of the decision shall be furnished to each party to the appeal and to the Office of Personnel Management.
• 5 U.S.C. § 7701(d)(1)

  Go to provision →
  (1) In any case in which—

  (A) the interpretation or application of any civil service law, rule, or regulation, under the jurisdiction of the Office of Personnel Management is at issue in any proceeding under this section; and

  (B) the Director of the Office of Personnel Management is of the opinion that an erroneous decision would have a substantial impact on any civil service law, rule, or regulation under the jurisdiction of the Office;

  the Director may as a matter of right intervene or otherwise participate in that proceeding before the Board. If the Director exercises his right to participate in a proceeding before the Board, he shall do so as early in the proceeding as practicable. Nothing in this title shall be construed to permit the Office to interfere with the independent decisionmaking of the Merit Systems Protection Board.
• 5 U.S.C. § 7701(d)(1)(A)

  Go to provision →
  (A) the interpretation or application of any civil service law, rule, or regulation, under the jurisdiction of the Office of Personnel Management is at issue in any proceeding under this section; and
• 5 U.S.C. § 7701(d)(1)(B)

  Go to provision →
  (B) the Director of the Office of Personnel Management is of the opinion that an erroneous decision would have a substantial impact on any civil service law, rule, or regulation under the jurisdiction of the Office;
• 5 U.S.C. § 7701(d)(2)

  Go to provision →
  (2) The Board shall promptly notify the Director whenever the interpretation of any civil service law, rule, or regulation under the jurisdiction of the Office is at issue in any proceeding under this section.
• 5 U.S.C. § 7701(e)(2)

  Go to provision →
  (2) The Director may petition the Board for a review under paragraph (1) of this subsection only if the Director is of the opinion that the decision is erroneous and will have a substantial impact on any civil service law, rule, or regulation under the jurisdiction of the Office.
• 5 U.S.C. § 7701(h)

  Go to provision →
  (h) The Board may, by regulation, provide for one or more alternative methods for settling matters subject to the appellate jurisdiction of the Board which shall be applicable at the election of an applicant for employment or of an employee who is not in a unit for which a labor organization is accorded exclusive recognition, and shall be in lieu of other procedures provided for under this section. A decision under such a method shall be final, unless the Board reopens and reconsiders a case at the request of the Office of Personnel Management under subsection (e) of this section.
• 5 U.S.C. § 7702(d)(6)(A)

  Go to provision →
  (A) Each time the Board takes any action under subsection (c)(2) of this section, a special panel shall be convened which shall consist of—

  (i) an individual appointed by the President, by and with the advice and consent of the Senate, to serve for a term of 6 years as chairman of the special panel each time it is convened;

  (ii) one member of the Board designated by the Chairman of the Board each time a panel is convened; and

  (iii) one member of the Commission designated by the Chairman of the Commission each time a panel is convened.

  The chairman of the special panel may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office.
• 5 U.S.C. § 7703(d)(1)

  Go to provision →
  (1) Except as provided under paragraph (2), this paragraph shall apply to any review obtained by the Director of the Office of Personnel Management. The Director may obtain review of any final order or decision of the Board by filing, within 60 days after the Board issues notice of the final order or decision of the Board, a petition for judicial review in the United States Court of Appeals for the Federal Circuit if the Director determines, in the discretion of the Director, that the Board erred in interpreting a civil service law, rule, or regulation affecting personnel management and that the Board’s decision will have a substantial impact on a civil service law, rule, regulation, or policy directive. If the Director did not intervene in a matter before the Board, the Director may not petition for review of a Board decision under this section unless the Director first petitions the Board for a reconsideration of its decision, and such petition is denied. In addition to the named respondent, the Board and all other parties to the proceedings before the Board shall have the right to appear in the proceeding before the Court of Appeals. The granting of the petition for judicial review shall be at the discretion of the Court of Appeals.
• 5 U.S.C. § 7703(d)(2)

  Go to provision →
  (2) This paragraph shall apply to any review obtained by the Director of the Office of Personnel Management that raises no challenge to the Board’s disposition of allegations of a prohibited personnel practice described in section 2302(b) other than practices described in section 2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or (D). The Director may obtain review of any final order or decision of the Board by filing, within 60 days after the Board issues notice of the final order or decision of the Board, a petition for judicial review in the United States Court of Appeals for the Federal Circuit or any court of appeals of competent jurisdiction if the Director determines, in the discretion of the Director, that the Board erred in interpreting a civil service law, rule, or regulation affecting personnel management and that the Board’s decision will have a substantial impact on a civil service law, rule, regulation, or policy directive. If the Director did not intervene in a matter before the Board, the Director may not petition for review of a Board decision under this section unless the Director first petitions the Board for a reconsideration of its decision, and such petition is denied. In addition to the named respondent, the Board and all other parties to the proceedings before the Board shall have the right to appear in the proceeding before the court of appeals. The granting of the petition for judicial review shall be at the discretion of the court of appeals.
• 5 U.S.C. § 7904(b)

  Go to provision →
  (b) The Office of Personnel Management shall, after such consultations as the Office considers appropriate, prescribe guidelines for programs and services under this section.
• 5 U.S.C. § 7905(a)(3)

  Go to provision →
  (3) the term “entity of the legislative branch” means the House of Representatives, the Senate, the Office of the Architect of the Capitol (including the Botanic Garden), the Capitol Police, the Congressional Budget Office, the Copyright Royalty Tribunal, the Government Publishing Office, the Library of Congress, and the Office of Technology Assessment; and
• 5 U.S.C. § 7905(c)(1)

  Go to provision →
  (1) with respect to the judicial branch, be carried out by the Director of the Administrative Office of the United States Courts;
• 5 U.S.C. § 7906(c)

  Go to provision →
  (c) The Office of Personnel Management shall, after such consultation as the Office considers appropriate, prescribe guidelines for the operation of this section. Under the guidelines, the responsibilities of a post-combat case coordinator shall include—

  (1) acting as the main point of contact for qualified employees seeking administrative guidance or assistance relating to benefits under chapter 81 or 89;

  (2) assisting qualified employees in the collection of documentation or other supporting evidence for the expeditious processing of claims under chapter 81 or 89;

  (3) assisting qualified employees in connection with the receipt of prescribed medical care and the coordination of benefits under chapter 81 or 89;

  (4) resolving problems relating to the receipt of benefits under chapter 81 or 89; and

  (5) ensuring that qualified employees are properly screened and receive appropriate treatment—

  (A) for post-traumatic stress disorder or other similar disorder stemming from combat trauma; or

  (B) for suicidal or homicidal thoughts or behaviors.
• 5 U.S.C. § 8101(1)(E)

  Go to provision →
  (E) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838);
• 5 U.S.C. § 8121(2)

  Go to provision →
  (2) be delivered to the office of the Secretary of Labor or to an individual whom the Secretary may designate by regulation, or deposited in the mail properly stamped and addressed to the Secretary or his designee;
• 5 U.S.C. § 8147(a)

  Go to provision →
  (a) There is in the Treasury of the United States the Employees’ Compensation Fund which consists of sums that Congress, from time to time, may appropriate for or transfer to it, and amounts that otherwise accrue to it under this subchapter or other statute. The Fund is available without time limit for the payment of compensation and other benefits and expenses, except administrative expenses, authorized by this subchapter or any extension or application thereof, except as otherwise provided by this subchapter or other statute. The Secretary of Labor shall submit annually to the Office of Management and Budget estimates of appropriations necessary for the maintenance of the Fund. For the purpose of this subsection, “administrative expenses” does not include expenses for legal services performed by or for the Secretary under sections 8131 and 8132 of this title.
• 5 U.S.C. § 8151(b)

  Go to provision →
  (b) Under regulations issued by the Office of Personnel Management—

  (1) the department or agency which was the last employer shall immediately and unconditionally accord the employee, if the injury or disability has been overcome within one year after the date of commencement of compensation or from the time compensable disability recurs if the recurrence begins after the injured employee resumes regular full-time employment with the United States, the right to resume his former or an equivalent position, as well as all other attendant rights which the employee would have had, or acquired, in his former position had he not been injured or disabled, including the rights to tenure, promotion, and safeguards in reductions-in-force procedures, and

  (2) the department or agency which was the last employer shall, if the injury or disability is overcome within a period of more than one year after the date of commencement of compensation, make all reasonable efforts to place, and accord priority to placing, the employee in his former or equivalent position within such department or agency, or within any other department or agency.
• 5 U.S.C. § 8171(d)

  Go to provision →
  (d) Judicial proceedings under sections 18 and 21 of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 918 and 921) with respect to an injury or death occurring outside the continental United States shall be instituted in the district court within the territorial jurisdiction of which is located the office of the deputy commissioner having jurisdiction with respect to the injury or death.
• 5 U.S.C. § 8315(a)

  Go to provision →
  (a) An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual knowingly and willfully made or makes a false, fictitious, or fraudulent statement or representation, or knowingly and willfully concealed or conceals a material fact—

  (1) before, on, or after September 1, 1954, concerning his—

  (A) past or present membership in, affiliation or association with, or support of the Communist Party, or a chapter, branch, or subdivision thereof, in or outside the United States, or other organization, party, or group advocating—

  (i) the overthrow, by force, violence, or other unconstitutional means, of the Government of the United States;

  (ii) the establishment, by force, violence, or other unconstitutional means, of a Communist totalitarian dictatorship in the United States; or

  (iii) the right to strike against the United States;

  (B) conviction of an offense named by subsection (b) of section 8312 of this title, to the extent provided by that subsection; or

  (C) failure or refusal to appear, testify, or produce a book, paper, record, or other document, as specified by section 8314 of this title; or

  (2) before, on, or after September 26, 1961, concerning his conviction of an offense named by subsection (c) of section 8312 of this title, to the extent provided by that subsection;

  in a document executed by the individual in connection with his employment in, or application for, a civilian or military office or position in or under the legislative, executive, or judicial branch of the Government of the United States or the government of the District of Columbia.
• 5 U.S.C. § 8331(1)(I)

  Go to provision →
  (I) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838);
• 5 U.S.C. § 8331(1)(K)

  Go to provision →
  (K) an individual appointed to a position on the office staff of a former President, or a former Vice President under section 5 of the Presidential Transition Act of 1963, as amended (78 Stat. 153), who immediately before the date of such appointment was an employee as defined under any other subparagraph of this paragraph; and
• 5 U.S.C. § 8331(1)(iii)

  Go to provision →
  (iii) an employee or group of employees in or under an Executive agency excluded by the Office of Personnel Management under section 8347(g) of this title;
• 5 U.S.C. § 8331(1)(iv)

  Go to provision →
  (iv) an individual or group of individuals employed by the government of the District of Columbia excluded by the Office under section 8347(h) of this title;
• 5 U.S.C. § 8331(1)(v)

  Go to provision →
  (v) an employee of the Administrative Office of the United States Courts, the Federal Judicial Center, or a court named by section 610 of title 28, excluded by the Director of the Administrative Office under section 8347(o) of this title;
• 5 U.S.C. § 8331(1)(vii)

  Go to provision →
  (vii) an employee under the Office of the Architect of the Capitol excluded by the Architect of the Capitol under section 8347(i) of this title;
• 5 U.S.C. § 8331(14)

  Go to provision →
  (14) “Member service” means service as a Member and includes the period from the date of the beginning of the term for which elected or appointed to the date on which he takes office as a Member;
• 5 U.S.C. § 8331(17)

  Go to provision →
  (17) “normal-cost percentage” means the entry-age normal cost computed by the Office of Personnel Management in accordance with generally accepted actuarial practice and standards (using dynamic assumptions) and expressed as a level percentage of aggregate basic pay;
• 5 U.S.C. § 8331(18)

  Go to provision →
  (18) “Fund balance” means the current net assets of the Fund available for payment of benefits, as determined by the Office in accordance with appropriate accounting standards, but does not include any amount attributable to—

  (A) the Federal Employees’ Retirement System; or

  (B) contributions made under the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983 by or on behalf of any individual who became subject to the Federal Employees’ Retirement System;
• 5 U.S.C. § 8331(20)

  Go to provision →
  (20) “law enforcement officer” means an employee, the duties of whose position are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States, including an employee engaged in this activity who is transferred to a supervisory or administrative position. For the purpose of this paragraph, “detention” includes the duties of—

  (A) employees of the Bureau of Prisons and Federal Prison Industries, Incorporated;

  (B) employees of the Public Health Service assigned to the field service of the Bureau of Prisons or of the Federal Prison Industries, Incorporated;

  (C) employees in the field service at Army or Navy disciplinary barracks or at confinement and rehabilitation facilities operated by any of the armed forces; and

  (D) employees of the Department of Corrections of the District of Columbia, its industries and utilities;

  whose duties in connection with individuals in detention suspected or convicted of offenses against the criminal laws of the United States or of the District of Columbia or offenses against the punitive articles of the Uniformed Code of Military Justice (chapter 47 of title 10) require frequent (as determined by the appropriate administrative authority with the concurrence of the Office) direct contact with these individuals in their detention, direction, supervision, inspection, training, employment, care, transportation, or rehabilitation;
• 5 U.S.C. § 8331(32)

  Go to provision →
  (32) “Director” means the Director of the Office of Personnel Management; and
• 5 U.S.C. § 8332(b)

  Go to provision →
  (b) The service of an employee shall be credited from the date of original employment to the date of separation on which title to annuity is based in the civilian service of the Government. Except as provided in paragraph (13)¹ of this subsection, credit may not be allowed for a period of separation from the service in excess of 3 calendar days. The service includes—

  (1) employment as a substitute in the postal field service;

  (2) service in the Pan American Sanitary Bureau;

  (3) subject to sections 8334(c) and 8339(i) of this title, service performed before July 10, 1960, as an employee of a county committee established under section 590h(b) of title 16 or of a committee or an association of producers described by section 610(b) of title 7;

  (4) service as a student-employee as defined by section 5351 of this title only if he later becomes subject to this subchapter;

  (5) a period of satisfactory service of a volunteer or volunteer leader under chapter 34 of title 22 only if he later becomes subject to this subchapter;

  (6) employment under section 709 of title 32 or any prior corresponding provision of law;

  (7) a period of service of a volunteer under part A of title VIII of the Economic Opportunity Act of 1964, or a period of service of a full-time volunteer enrolled in a program of at least one year’s duration under part A, B,² or C of title I of the Domestic Volunteer Service Act of 1973 only if he later becomes subject to this subchapter;

  (8) subject to sections 8334(c) and 8339(i) of this title, service performed after February 18, 1929, and before noon on January 3, 1971, as a United States Capitol Guide;

  (9) subject to sections 8334(c) and 8339(i) of this title, service as a substitute teacher for the government of the District of Columbia after July 1, 1955, if such service is not credited for benefits under any other retirement system established by a law of the United States;

  (10) periods of imprisonment of a foreign national for which compensation is provided under section 410 of the Foreign Service Act of 1980, if the individual (A) was subject to this subchapter during employment with the Government last preceding imprisonment, or (B) is qualified for an annuity under this subchapter on the basis of other service of the individual;

  (11) subject to sections 8334(c) and 8339(i) of this title, service in any capacity of at least 130 days (or its equivalent) per calendar year performed after July 1, 1946, for the National Committee for a Free Europe; Free Europe Committee, Incorporated; Free Europe, Incorporated; Radio Liberation Committee; Radio Liberty Committee; subdivisions of any of those organizations; Radio Free Europe/Radio Liberty, Incorporated, Radio Free Asia; the Asia Foundation; or the Armed Forces Network, Europe (AFN–E), but only if such service is not credited for benefits under any other retirement system which is established for such entities and funded in whole or in part by the Government and only if the individual later becomes subject to this subchapter;

  (12) service as a justice or judge of the United States, as defined by section 451 of title 28, and service as a judge of a court created by Act of Congress in a territory which is invested with any jurisdiction of a district court of the United States, but no credit shall be allowed for such service if the employee is entitled to a salary or an annuity under section 371, 372, or 373 of title 28;

  (13) subject to sections 8334(c) and 8339(i) of this title, service performed on or after December 6, 1967, and before the effective date of this paragraph as an employee of the House Beauty Shop, only if he serves as such an employee for a period of at least five years after such effective date;

  (14) one year of service to be credited for each year in which a Native of the Pribilof Islands performs service in the taking and curing of fur seal skins and other activities in connection with the administration of the Pribilof Islands, notwithstanding any period of separation from the service, and regardless of whether the Native who performs the service retires before, on, or after the effective date of this paragraph;

  (15) subject to sections 8334(c) and 8339(i) of this title, service performed on or after January 3, 1969, and before January 4, 1973, as the Washington Representative for Guam or the Washington Representative for the Virgin Islands, only if the individual serves as a Member for a period of at least five years after January 2, 1973;

  (16) service performed by any individual as an employee described in section 2105(c) of this title after June 18, 1952, and before January 1, 1966, if (A) such service involved conducting an arts and crafts, drama, music, library, service club, youth activities, sports, or recreation program (including any outdoor recreation program) for personnel of the armed forces, and (B) such individual is an employee subject to this subchapter on the day before the date of the enactment of the Nonappropriated Fund Instrumentalities Employees’ Retirement Credit Act of 1986; and

  (17) service performed by any individual as an employee paid from nonappropriated funds of an instrumentality of the Department of Defense or the Coast Guard described in section 2105(c) that is not covered by paragraph (16) and that is not otherwise creditable, if the individual elects (in accordance with regulations prescribed by the Office) to have such service credited under this paragraph.

  The Office of Personnel Management shall accept the certification of the Secretary of Agriculture or his designee concerning service for the purpose of this subchapter of the type performed by an employee named by paragraph (3) of this subsection. The Office of Personnel Management shall accept the certification of the Secretary of Commerce or his designee concerning service for the purpose of this subchapter of the type performed by an employee named by paragraph (14) of this subsection. The Office of Personnel Management shall accept the certification of the Capitol Guide Board concerning service for the purpose of this subchapter of the type described in paragraph (8) of this subsection and performed by an employee. The Office of Personnel Management shall accept the certification of the Chief Administrative Officer of the House of Representatives concerning service for the purpose of this subchapter of the type described in paragraph (13) of this subsection. For the purpose of paragraph (5) of this subsection—

  (A) a volunteer and a volunteer leader are deemed receiving pay during their service at the respective rates of readjustment allowances payable under sections 2504(c) and 2505(1) of title 22; and

  (B) the period of an individual’s service as a volunteer or volunteer leader under chapter 34 of title 22 is the period between enrollment as a volunteer or volunteer leader and the termination of that service by the President or by death or resignation.

  The Office of Personnel Management shall accept the certification of the Executive Director of the Board for International Broadcasting, and the Secretary of State with respect to the Asia Foundation and the Secretary of Defense with respect to the Armed Forces Network, Europe (AFN–E), concerning services for the purposes of this subchapter of the type described in paragraph (11) of this subsection. For the purpose of this subchapter, service of the type described in paragraph (15) of this subsection shall be considered Member service. The Office of Personnel Management shall accept, for the purposes of this subchapter, the certification of the head of a nonappropriated fund instrumentality of the United States concerning service of the type described in paragraph (16) or (17) of this subsection which was performed for such appropriated fund instrumentality. Service credited under paragraph (17) may not also be credited under any other retirement system provided for employees paid from nonappropriated funds of a nonappropriated fund instrumentality.
• 5 U.S.C. § 8332(b)(17)

  Go to provision →
  (17) service performed by any individual as an employee paid from nonappropriated funds of an instrumentality of the Department of Defense or the Coast Guard described in section 2105(c) that is not covered by paragraph (16) and that is not otherwise creditable, if the individual elects (in accordance with regulations prescribed by the Office) to have such service credited under this paragraph.
• 5 U.S.C. § 8332(c)(3)(C)

  Go to provision →
  (C) The Office of Personnel Management shall prescribe regulations to carry out this paragraph, including regulations under which—

  (i) a survivor may elect not to be covered by this paragraph; and

  (ii) this paragraph shall be carried out in any case which involves a former spouse.
• 5 U.S.C. § 8332(c)(4)

  Go to provision →
  (4) If, after January 1, 1997, an employee or Member waives retired pay that is subject to a court order for which there has been effective service on the Secretary concerned for purposes of section 1408 of title 10, the military service on which the retired pay is based may be credited as service for purposes of this subchapter only if the employee or Member authorizes the Director to deduct and withhold from the annuity payable to the employee or Member under this subchapter an amount equal to the amount that, if the annuity payment was instead a payment of the employee’s or Member’s retired pay, would have been deducted and withheld and paid to the former spouse covered by the court order under such section 1408. The amount deducted and withheld under this paragraph shall be paid to that former spouse. The period of civil service employment by the employee or Member shall not be taken into consideration in determining the amount of the deductions and withholding or the amount of the payment to the former spouse. The Director of the Office of Personnel Management shall prescribe regulations to carry out this paragraph.
• 5 U.S.C. § 8332(d)(1)

  Go to provision →
  (1) shall be allowed credit only for periods of military service not exceeding 5 years, plus military service performed by the Member on leaving his office, for the purpose of performing military service, during a war or national emergency proclaimed by the President or declared by Congress and before his final separation from service as Member; and
• 5 U.S.C. § 8332(j)(1)

  Go to provision →
  (1) Notwithstanding any other provision of this section, military service, except military service covered by military leave with pay from a civilian position, performed by an individual after December 1956, the period of an individual’s services as a volunteer under part A of title VIII of the Economic Opportunity Act of 1964, the period of an individual’s service as a full-time volunteer enrolled in a program of at least 1 year’s duration under part A, B,² or C of title I of the Domestic Volunteer Service Act of 1973, and the period of an individual’s service as a volunteer or volunteer leader under chapter 34 of title 22, shall be excluded in determining the aggregate period of service on which an annuity payable under this subchapter to the individual or to his spouse, former spouse or child is based, if the individual, spouse, former spouse, or child is entitled, or would on proper application be entitled, at the time of that determination, to monthly old-age or survivors benefits under section 402 of title 42 based on the individual’s wages and self-employment income. If the military service or service as a volunteer under part A of title VIII of the Economic Opportunity Act of 1964, as a full-time volunteer enrolled in a program of at least 1 year’s duration under part A, B,² or C of title I of the Domestic Volunteer Service Act of 1973, or as a volunteer or volunteer leader under chapter 34 of title 22 is not excluded by the preceding sentence, but on becoming 62 years of age, the individual or spouse, former spouse⁴ becomes entitled, or would on proper application be entitled, to the described benefits, the Office of Personnel Management shall redetermine the aggregate period of service on which the annuity is based, effective as of the first day of the month in which he or she becomes 62 years of age, so as to exclude that service. The Secretary of Health, Education, and Welfare, on request of the Office, shall inform the Office whether or not the individual, spouse, former spouse, or child is entitled at any named time to the described benefits. For the purpose of this subsection, the period of an individual’s service as a volunteer or volunteer leader under chapter 34 of title 22 is the period between enrollment as a volunteer or volunteer leader and termination of that service by the President or by death or resignation, and the period of an individual’s service as a volunteer under part A of title VIII of the Economic Opportunity Act of 1964 or under part A, B,² or C of title I of the Domestic Volunteer Service Act of 1973 is the period between enrollment as a volunteer and termination of that service by the Director of the Office of Economic Opportunity or the Chief Executive Officer of the Corporation for National and Community Service, as appropriate, or by death or resignation.
• 5 U.S.C. § 8332(m)(1)

  Go to provision →
  (1) Upon application to the Office of Personnel Management, any individual who is an employee on the date of the enactment of this subsection, and who has on such date or thereafter acquires 5 years or more of creditable civilian service under this section (exclusive of service for which credit is allowed under this subsection) shall be allowed credit (as service as a Congressional employee) for service before the date of the enactment of this subsection while employed by the Democratic Senatorial Campaign Committee, the Republican Senatorial Campaign Committee, the Democratic National Congressional Committee, or the Republican National Congressional Committee, if—

  (A) such employee has at least 4 years and 6 months of service on such committees as of December 12, 1980; and

  (B) such employee makes a deposit to the Fund in an amount equal to the amount which would be required under section 8334(c) of this title if such service were service as a Congressional employee.
• 5 U.S.C. § 8332(m)(2)

  Go to provision →
  (2) Upon application to the Office of Personnel Management, any individual who was an employee on the date of enactment of this paragraph, and who has on such date or thereafter acquires 5 years or more of creditable civilian service under this section (exclusive of service for which credit is allowed under this subsection) shall be allowed credit (as service as a congressional employee) for service before December 31, 1990, while employed by the Democratic Senatorial Campaign Committee, the Republican Senatorial Campaign Committee, the Democratic National Congressional Committee, or the Republican National Congressional Committee, if—

  (A) such employee has at least 4 years and 6 months of service on such committees as of December 31, 1990; and

  (B) such employee makes a deposit to the Fund in an amount equal to the amount which would be required under section 8334(c) if such service were service as a congressional employee.
• 5 U.S.C. § 8332(m)(3)

  Go to provision →
  (3) The Office shall accept the certification of the President of the Senate (or his designee) or the Speaker of the House (or his designee), as the case may be, concerning the service of, and the amount of compensation received by, an employee with respect to which credit is to be sought under this subsection.
• 5 U.S.C. § 8332(o)(5)

  Go to provision →
  (5) The Office of Personnel Management shall prescribe any regulations necessary to carry out this subsection. Such regulations shall include—

  (A) provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b); and

  (B) provisions under which the Office may provide for—

  (i) the payment, to the spouse or children of any individual referred to in the first sentence of paragraph (1), of any amounts which (but for this clause) would otherwise have been nonpayable by reason of such first sentence, subject to paragraph (6); and

  (ii) an appropriate adjustment in the amount of any lump-sum payment under the second sentence of paragraph (1) to reflect the application of clause (i).
• 5 U.S.C. § 8332(o)(5)(B)

  Go to provision →
  (B) provisions under which the Office may provide for—

  (i) the payment, to the spouse or children of any individual referred to in the first sentence of paragraph (1), of any amounts which (but for this clause) would otherwise have been nonpayable by reason of such first sentence, subject to paragraph (6); and

  (ii) an appropriate adjustment in the amount of any lump-sum payment under the second sentence of paragraph (1) to reflect the application of clause (i).
• 5 U.S.C. § 8334(a)(1)(B)(i)

  Go to provision →
  (i) Except as provided in clause (ii), an equal amount shall be contributed from the appropriation or fund used to pay the employee or, in the case of an elected official, from an appropriation or fund available for payment of other salaries of the same office or establishment. When an employee in the legislative branch is paid by the Chief Administrative Officer of the House of Representatives, the Chief Administrative Officer may pay from the applicable accounts of the House of Representatives the contribution that otherwise would be contributed from the appropriation or fund used to pay the employee.
• 5 U.S.C. § 8334(d)(2)(C)

  Go to provision →
  (C) The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this paragraph.
• 5 U.S.C. § 8334(e)(1)

  Go to provision →
  (1) Interest under subsection (c), (d)(1), (j), (k), or (l) of this section is computed in accordance with paragraphs (2) and (3) of this subsection and regulations prescribed by the Office of Personnel Management.
• 5 U.S.C. § 8334(f)

  Go to provision →
  (f) Under such regulations as the Office of Personnel Management may prescribe, amounts deducted under subsection (a) or (k) of this section and deposited under subsections (c) and (d)(1) of this section shall be entered on individual retirement records.
• 5 U.S.C. § 8334(i)(1)

  Go to provision →
  (1) The Director of the Administrative Office of the United States Courts shall pay to the Fund the amount which an employee may deposit under subsection (c) of this section for service creditable under section 8332(b)(12) of this title if such creditable service immediately precedes service as an employee subject to this subchapter with a break in service of no more than ninety working days. The Director shall pay such amount from any appropriation available to him as a necessary expense of the appropriation concerned.
• 5 U.S.C. § 8334(i)(4)

  Go to provision →
  (4) Notwithstanding any other provision of law, a bankruptcy judge or magistrate judge who is covered by section 377 of title 28 or section 2(c) of the Retirement and Survivors’ Annuities for Bankruptcy Judges and Magistrates Act of 1988 shall not be subject to deductions and contributions to the Fund, if the judge or magistrate judge notifies the Director of the Administrative Office of the United States Courts of an election of a retirement annuity under those provisions. Upon such an election, the judge or magistrate judge shall be entitled to a lump-sum credit under section 8342(a) of this title.
• 5 U.S.C. § 8334(i)(5)

  Go to provision →
  (5) Notwithstanding any other provision of law, a judge who is covered by section 7296 of title 38 shall not be subject to deductions and contributions to the Fund, if the judge notifies the Director of the Office of Personnel Management of an election of a retirement annuity under that section. Upon such an election, the judge shall be entitled to a lump-sum credit under section 8342(a) of this title.
• 5 U.S.C. § 8334(i)(6)

  Go to provision →
  (6) Notwithstanding any other provision of law, a judge of the United States Court of Federal Claims who is covered by section 178 of title 28 shall not be subject to deductions and contributions to the Fund if the judge notifies the Director of the Administrative Office of the United States Courts of an election of a retirement annuity under those provisions. Upon such an election, the judge shall be entitled to a lump-sum credit under section 8342(a) of this title.
• 5 U.S.C. § 8334(j)(1)(A)

  Go to provision →
  (A) Except as provided in subparagraph (B), and subject to paragraph (5), each employee or Member who has performed military service before the date of the separation on which the entitlement to any annuity under this subchapter is based may pay, in accordance with such regulations as the Office shall issue, to the agency by which the employee is employed, or, in the case of a Member or a Congressional employee, to the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, as appropriate, an amount equal to 7 percent of the amount of the basic pay paid under section 204 of title 37 to the employee or Member for each period of military service after December 1956. The amount of such payments shall be based on such evidence of basic pay for military service as the employee or Member may provide, or if the Office determines sufficient evidence has not been so provided to adequately determine basic pay for military service, such payment shall be based upon estimates of such basic pay provided to the Office under paragraph (4).
• 5 U.S.C. § 8334(j)(3)

  Go to provision →
  (3) Any payment received by an agency, the Secretary of the Senate, or the Chief Administrative Officer of the House of Representatives under this subsection shall be immediately remitted to the Office for deposit in the Treasury of the United States to the credit of the Fund.
• 5 U.S.C. § 8334(j)(4)

  Go to provision →
  (4) The Secretary of Defense, the Secretary of Transportation, the Secretary of Commerce, or the Secretary of Health and Human Services, as appropriate, shall furnish such information to the Office as the Office may determine to be necessary for the administration of this subsection.
• 5 U.S.C. § 8334(j)(6)(C)

  Go to provision →
  (C) The Director of the Office of Personnel Management shall issue such regulations as are necessary to carry out this paragraph.
• 5 U.S.C. § 8334(l)(1)

  Go to provision →
  (1) Each employee or Member who has performed service as a volunteer or volunteer leader under part A of title VIII of the Economic Opportunity Act of 1964, as a full-time volunteer enrolled in a program of at least 1 year’s duration under part A, B,³ or C of title I of the Domestic Volunteer Service Act of 1973, or as a volunteer or volunteer leader under the Peace Corps Act before the date of the separation on which the entitlement to any annuity under this subchapter is based may pay, in accordance with such regulations as the Office of Personnel Management shall issue, an amount equal to 7 percent of the readjustment allowance paid to the employee or Member under title VIII of the Economic Opportunity Act of 1964 or section 5(c) or 6(1) of the Peace Corps Act or the stipend paid to the employee or Member under part A, B,³ or C of title I of the Domestic Volunteer Service Act of 1973, for each period of service as such a volunteer or volunteer leader. This paragraph shall be subject to paragraph (4).
• 5 U.S.C. § 8334(l)(3)

  Go to provision →
  (3) The Director of the Peace Corps and the Chief Executive Officer of the Corporation for National and Community Service shall furnish such information to the Office of Personnel Management as the Office may determine to be necessary for the administration of this subsection.
• 5 U.S.C. § 8334(l)(5)(B)

  Go to provision →
  (B) In calculating and processing the deposit under paragraph (1) with respect to an employee, Member, or annuitant, if the Office of Personnel Management makes an administrative error that causes additional interest assessed to accrue on the deposit, the Office of Personnel Management may pay, on behalf of the employee, Member, or annuitant, any additional interest assessed due to the administrative error.
• 5 U.S.C. § 8334(l)(5)(D)

  Go to provision →
  (D) The Director of the Office of Personnel Management shall issue such regulations as are necessary to carry out this paragraph.
• 5 U.S.C. § 8335(b)(1)

  Go to provision →
  (1) A law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer who is otherwise eligible for immediate retirement under section 8336(c) shall be separated from the service on the last day of the month in which that officer, firefighter, or courier, as the case may be, becomes 57 years of age or completes 20 years of service if then over that age. The head of the agency, when in his judgment the public interest so requires, may exempt such an employee from automatic separation under this subsection until that employee becomes 60 years of age. The employing office shall notify the employee in writing of the date of separation at least 60 days in advance thereof. Action to separate the employee is not effective, without the consent of the employee, until the last day of the month in which the 60-day notice expires.
• 5 U.S.C. § 8336(c)(3)(E)

  Go to provision →
  (E) In accordance with procedures established by the Director of the Office of Personnel Management, an affected individual may file an election to have any creditable service performed by the affected individual treated in accordance with this chapter without regard to subparagraph (B).
• 5 U.S.C. § 8336(d)(2)(D)

  Go to provision →
  (D) is separated from the service voluntarily during a period in which, as determined by the office¹ of Personnel Management (upon request of the agency) under regulations prescribed by the Office—

  (i) such agency (or, if applicable, the component in which the employee is serving) is undergoing substantial delayering, substantial reorganization, substantial reductions in force, substantial transfer of function, or other substantial workforce restructuring (or shaping);

  (ii) a significant percentage of employees servicing² in such agency (or component) are likely to be separated or subject to an immediate reduction in the rate of basic pay (without regard to subchapter VI of chapter 53, or comparable provisions); or

  (iii) identified as being in positions which are becoming surplus or excess to the agency’s future ability to carry out its mission effectively; and
• 5 U.S.C. § 8336(d)(2)(E)

  Go to provision →
  (E) as determined by the agency under regulations prescribed by the Office, is within the scope of the offer of voluntary early retirement, which may be made on the basis of—

  (i) 1 or more organizational units;

  (ii) 1 or more occupational series or levels;

  (iii) 1 or more geographical locations;

  (iv) specific periods;

  (v) skills, knowledge, or other factors related to a position; or

  (vi) any appropriate combination of such factors;
• 5 U.S.C. § 8336(p)(3)(E)(iv)

  Go to provision →
  (iv) Any other similar objective and nonpersonal criteria that the Office of Personnel Management determines appropriate.
• 5 U.S.C. § 8336(p)(4)

  Go to provision →
  (4) Under regulations prescribed by the Office of Personnel Management, the determinations of whether an employee meets—

  (A) the requirements of subparagraph (A) of paragraph (3) shall be made by the Office, upon the request of the Secretary of Defense; and

  (B) the requirements of subparagraph (E) of such paragraph shall be made by the Secretary of Defense.
• 5 U.S.C. § 8336(p)(4)(A)

  Go to provision →
  (A) the requirements of subparagraph (A) of paragraph (3) shall be made by the Office, upon the request of the Secretary of Defense; and
• 5 U.S.C. § 8337(a)

  Go to provision →
  (a) An employee who completes 5 years of civilian service and has become disabled shall be retired on the employee’s own application or on application by the employee’s agency. Any employee shall be considered to be disabled only if the employee is found by the Office of Personnel Management to be unable, because of disease or injury, to render useful and efficient service in the employee’s position and is not qualified for reassignment, under procedures prescribed by the Office, to a vacant position which is in the agency at the same grade or level and in which the employee would be able to render useful and efficient service. For the purpose of the preceding sentence, an employee of the United States Postal Service shall be considered not qualified for a reassignment described in that sentence if the reassignment is to a position in a different craft or is inconsistent with the terms of a collective bargaining agreement covering the employee. A judge of the United States Court of Appeals for the Armed Forces who completes 5 years of civilian service and who is found by the Office to be disabled for useful and efficient service as a judge of such court or who is removed for mental or physical disability under section 942(c) of title 10 shall be retired on the judge’s own application or upon such removal. A Member who completes 5 years of Member service and is found by the Office to be disabled for useful and efficient service as a Member because of disease or injury shall be retired on the Member’s own application. An annuity authorized by this section is computed under section 8339(g) of this title, unless the employee or Member is eligible for a higher annuity computed under section 8339(a) through (e), (n), (q), (r), or (s).
• 5 U.S.C. § 8337(b)

  Go to provision →
  (b) A claim may be allowed under this section only if the application is filed with the Office before the employee or Member is separated from the service or within 1 year thereafter. This time limitation may be waived by the Office for an employee or Member who at the date of separation from service or within 1 year thereafter is mentally incompetent, if the application is filed with the Office within 1 year from the date of restoration of the employee or Member to competency or the appointment of a fiduciary, whichever is earlier.
• 5 U.S.C. § 8337(c)

  Go to provision →
  (c) An annuitant receiving disability retirement annuity from the Fund shall be examined under the direction of the Office—

  (1) at the end of 1 year from the date of the disability retirement; and

  (2) annually thereafter until he becomes 60 years of age;

  unless his disability is permanent in character. If the annuitant fails to submit to examination as required by this section, payment of the annuity shall be suspended until continuance of the disability is satisfactorily established.
• 5 U.S.C. § 8337(h)(3)

  Go to provision →
  (3) Any individual applying for or receiving any annuity pursuant to this subsection shall, in accordance with regulations prescribed by the Office, be considered by any agency of the Government before any vacant position in the agency is filled if—

  (A) the position is located within the commuting area of the individual’s former position;

  (B) the individual is qualified to serve in such position, as determined by the head of the agency; and

  (C) the position is at the same grade or equivalent level as the position from which the individual was separated under section 709(e)(1) of title 32 or section 10216 of title 10.
• 5 U.S.C. § 8339(j)(1)

  Go to provision →
  (1) The annuity computed under subsections (a)–(i), (n), (q), (r), and (s) (or a portion of the annuity, if jointly designated for this purpose by the employee or Member and the spouse of the employee or Member under procedures prescribed by the Office of Personnel Management) for an employee or Member who is married at the time of retiring under this subchapter is reduced as provided in paragraph (4) of this subsection in order to provide a survivor annuity for the spouse under section 8341(b) of this title, unless the employee or Member and the spouse jointly waive the spouse’s right to a survivor annuity in a written election filed with the Office at the time that the employee or Member retires. Each such election shall be made in accordance with such requirements as the Office shall, by regulation, prescribe, and shall be irrevocable. The Office shall provide, by regulation, that an employee or Member may waive the survivor annuity without the spouse’s consent if the employee or Member establishes to the satisfaction of the Office—

  (A) that the spouse’s whereabouts cannot be determined, or

  (B) that, due to exceptional circumstances, requiring the employee or Member to seek the spouse’s consent would otherwise be inappropriate.
• 5 U.S.C. § 8339(j)(3)

  Go to provision →
  (3) An employee or Member who has a former spouse may elect, under procedures prescribed by the Office, to have the annuity computed under subsections (a)–(i), (n), (q), (r), and (s) or a portion thereof reduced as provided in paragraph (4) of this subsection in order to provide a survivor annuity for such former spouse under section 8341(h) of this title, unless all rights to survivor benefits for such former spouse under this subchapter based on marriage to such employee or Member were waived under paragraph (1) of this subsection. An election under this paragraph shall be made at the time of retirement or, if later, within 2 years after the date on which the marriage of the former spouse to the employee or Member is dissolved, subject to a deposit in the Fund by the retired employee or Member of an amount determined by the Office, as nearly as may be administratively feasible, to reflect the amount by which the annuity of such employee or Member would have been reduced if the election had been continuously in effect since the date the annuity commenced, plus interest. For the purposes of the preceding sentence, the annual rate of interest for each year during which the annuity would have been reduced if the election had been in effect since the date the annuity commenced shall be 6 percent. The Office shall, by regulation, provide for payment of the deposit required under this paragraph by a reduction in the annuity of the employee or Member. The reduction shall, to the extent practicable, be designed so that the present value of the future reduction is actuarially equivalent to the deposit required under this paragraph, except that the total reductions in the annuity of an employee or Member to pay deposits required by the provisions of this paragraph, paragraph (5), or subsection (k)(2) shall not exceed 25 percent of the annuity computed under subsections (a) through (i), (n), (q), and (r), including adjustments under section 8340. The reduction, which shall be effective on the same date as the election under this paragraph, shall be permanent and unaffected by any future termination of the entitlement of the former spouse. Such reduction shall be independent of and in addition to the reduction required under the first sentence of this paragraph. An election under this paragraph—

  (A) shall not be effective to the extent that it—

  (i) conflicts with—

  (I) any court order or decree referred to in subsection (h)(1) of section 8341 of this title, which was issued before the date of such election; or

  (II) any agreement referred to in such subsection which was entered into before such date; or

  (ii) would cause the total of survivor annuities payable under subsections (b), (d), (f), and (h) of section 8341 of this title based on the service of the employee or Member to exceed 55 percent of the annuity to which the employee or Member is entitled under subsections (a)–(i), (n), (q), (r), and (s); and

  (B) shall not be effective, in the case of an employee or Member who is then married, unless it is made with the spouse’s written consent.

  The Office shall provide by regulation that subparagraph (B) of this paragraph may be waived for either of the reasons set forth in the last sentence of paragraph (1) of this subsection. In the case of a retired employee or Member whose annuity is being reduced in order to provide a survivor annuity for a former spouse, an election to provide or increase a survivor annuity for any other former spouse (and to continue an appropriate reduction) may be made within the same period that, and subject to the same conditions under which, an election could be made under paragraph (5)(B) of this subsection for a current spouse (subject to the provisions of this paragraph relating to consent of a current spouse, if the retired employee or Member is then married). The opportunity to make an election under the preceding sentence is in addition to any opportunity otherwise afforded under this paragraph.
• 5 U.S.C. § 8339(j)(5)(C)(i)

  Go to provision →
  (i) Upon remarriage, a retired employee or Member who was married at the time of retirement (including an employee or Member whose annuity was not reduced to provide a survivor annuity for the employee or Member’s spouse or former spouse as of the time of retirement) may irrevocably elect during such marriage, in a signed writing received by the Office within 2 years after such remarriage or, if later, within 2 years after the death or remarriage of any former spouse of such employee or Member who was entitled to a survivor annuity under section 8341(h) of this title (or of the last such surviving former spouse, if there was more than one), a reduction in the employee or Member’s annuity under paragraph (4) of this subsection for the purpose of providing an annuity for such employee or Member’s spouse in the event such spouse survives the employee or Member.
• 5 U.S.C. § 8339(j)(5)(C)(ii)

  Go to provision →
  (ii) Such election and reduction shall be effective the first day of the second month after the election is received by the Office, but not less than 9 months after the date of the remarriage, and the retired employee or Member shall deposit in the Fund an amount determined by the Office of Personnel Management, as nearly as may be administratively feasible, to reflect the amount by which the annuity of such retired employee or Member would have been reduced if the election had been in effect since the date of retirement or, if later, the date the previous reduction in such retired employee or Member’s annuity was terminated under subparagraph (A) or (B) of this paragraph, plus interest. For the purposes of the preceding sentence, the annual rate of interest for each year during which an annuity would have been reduced if the election had been in effect on and after the applicable date referred to in such sentence shall be 6 percent.
• 5 U.S.C. § 8339(j)(5)(C)(iii)

  Go to provision →
  (iii) The Office shall, by regulation, provide for payment of the deposit required under clause (ii) by a reduction in the annuity of the employee or Member. The reduction shall, to the extent practicable, be designed so that the present value of the future reduction is actuarially equivalent to the deposit required under clause (ii), except that total reductions in the annuity of an employee or Member to pay deposits required by the provisions of this paragraph or paragraph (3) shall not exceed 25 percent of the annuity computed under subsections (a) through (i), (n), (q), and (r), including adjustments under section 8340. The reduction required by this clause, which shall be effective on the same date as the election under clause (i), shall be permanent and unaffected by any future termination of the marriage. Such reduction shall be independent of and in addition to the reduction required under clause (i).
• 5 U.S.C. § 8339(k)(1)

  Go to provision →
  (1) At the time of retiring under section 8336 or 8338 of this title, an employee or Member who is found to be in good health by the Office may elect a reduced annuity instead of an annuity computed under subsections (a)–(i), (n), (q), (r), and (s) and name in writing an individual having an insurable interest in the employee or Member to receive an annuity under section 8341(c) of this title after the death of the retired employee or Member. The annuity of the employee or Member making the election is reduced by 10 percent, and by 5 percent for each full 5 years the individual named is younger than the retiring employee or Member. However, the total reduction may not exceed 40 percent. An annuity which is reduced under this paragraph or any similar prior provision of law shall, effective the first day of the month following the death of the individual named under this paragraph, be recomputed and paid as if the annuity had not been so reduced. In the case of a married employee or Member, an election under this paragraph on behalf of the spouse may be made only if any right of such spouse to a survivor annuity based on the service of such employee or Member is waived in accordance with subsection (j)(1) of this section.
• 5 U.S.C. § 8339(k)(2)(A)

  Go to provision →
  (A) An employee or Member, who is unmarried at the time of retiring under a provision of law which permits election of a reduced annuity with a survivor annuity payable to such employee or Member’s spouse and who later marries, may irrevocably elect, in a signed writing received in the Office within 2 years after such employee or Member marries or, if later, within 2 years after the death or remarriage of any former spouse of such employee or Member who was entitled to a survivor annuity under section 8341(h) of this title (or of the last such surviving former spouse, if there was more than one), a reduction in the retired employee or Member’s current annuity as provided in subsection (j) of this section.
• 5 U.S.C. § 8339(k)(2)(B)(ii)

  Go to provision →
  (ii) The retired employee or Member shall deposit in the Fund an amount determined by the Office of Personnel Management, as nearly as may be administratively feasible, to reflect the amount by which the retired employee or Member’s annuity would have been reduced under subsection (j)(4) of this section since the commencing date of the annuity, if the employee or Member had been married at the time of retirement and had elected to provide a survivor annuity at that time, plus interest. For the purposes of the preceding sentence, the annual rate of interest for each year during which the annuity would have been reduced if the election had been in effect since the date of the annuity commenced shall be 6 percent.
• 5 U.S.C. § 8339(k)(2)(C)

  Go to provision →
  (C) The Office shall, by regulation, provide for payment of the deposit required under subparagraph (B)(ii) by a reduction in the annuity of the employee or Member. The reduction shall, to the extent practicable, be designed so that the present value of the future reduction is actuarially equivalent to the deposit required under subparagraph (B)(ii), except that total reductions in the annuity of an employee or Member to pay deposits required by this subsection or subsection (j)(3) shall not exceed 25 percent of the annuity computed under subsections (a) through (i), (n), (q), and (r), including adjustments under section 8340. The reduction required by this subparagraph, which shall be effective on the same date as the election under subparagraph (A), shall be permanent and unaffected by any future termination of the marriage. Such reduction shall be independent of and in addition to the reduction required under subparagraph (A).
• 5 U.S.C. § 8339(o)(1)(A)(ii)

  Go to provision →
  (ii) who notifies the Office at such time (in accordance with subsection (j)) that a survivor annuity under section 8341(b) of this title is not desired,
• 5 U.S.C. § 8339(o)(6)

  Go to provision →
  (6) The Office shall, on an annual basis, inform each employee or Member who is eligible to make an election under this subsection of the right to make such election and the procedures and deadlines applicable to such election.
• 5 U.S.C. § 8339(u)

  Go to provision →
  (u) ² The annuity of an employee retiring under this subchapter with service credited under section 8332(b)(17) shall be reduced by the amount necessary to ensure that the present value of the annuity payable to the employee is actuarially equivalent to the present value of the annuity that would be payable to the employee under this subchapter if it were computed—

  (1) on the basis of service that does not include service credited under section 8332(b)(17); and

  (2) assuming the employee separated from service on the actual date of the separation of the employee.

  The amount of the reduction shall be computed under regulations prescribed by the Office of Personnel Management for the administration of this subsection.
• 5 U.S.C. § 8341(a)(3)

  Go to provision →
  (3) “dependent”, in the case of any child, means that the employee or Member involved was, at the time of the employee or Member’s death, either living with or contributing to the support of such child, as determined in accordance with such regulations as the Office of Personnel Management shall prescribe; and
• 5 U.S.C. § 8341(a)(4)

  Go to provision →
  (4) “child” means—

  (A) an unmarried dependent child under 18 years of age, including (i) an adopted child, and (ii) a stepchild but only if the stepchild lived with the employee or Member in a regular parent-child relationship, and (iii) a recognized natural child, and (iv) a child who lived with and for whom a petition of adoption was filed by an employee or Member, and who is adopted by the surviving spouse of the employee or Member after his death;

  (B) such unmarried dependent child regardless of age who is incapable of self-support because of mental or physical disability incurred before age 18; or

  (C) such unmarried dependent child between 18 and 22 years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution.

  For the purpose of this paragraph and subsection (e) of this section, a child whose 22nd birthday occurs before July 1 or after August 31 of a calendar year, and while he is regularly pursuing such a course of study or training, is deemed to have become 22 years of age on the first day of July after that birthday. A child who is a student is deemed not to have ceased to be a student during an interim between school years if the interim is not more than 5 months and if he shows to the satisfaction of the Office of Personnel Management that he has a bona fide intention of continuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately after the interim.
• 5 U.S.C. § 8341(f)(2)

  Go to provision →
  (2) may elect to receive the lump-sum credit instead of annuity if the spouse is the individual who would be entitled to the lump-sum credit and files application therefor with the Office before the award of the annuity.
• 5 U.S.C. § 8341(h)(3)(A)(ii)

  Go to provision →
  (ii) the first day of the second month beginning after the date on which the Office receives written notice of the order, decree, agreement, or election, as the case may be, together with such additional information or documentation as the Office may prescribe,
• 5 U.S.C. § 8341(k)(2)

  Go to provision →
  (2) A remarriage described in paragraph (1) shall not be taken into account for purposes of section 8339(j)(5)(B) or (C) or any other provision of this chapter which the Office may by regulation identify in order to carry out the purposes of this subsection.
• 5 U.S.C. § 8342(a)

  Go to provision →
  (a) Subject to subsection (j) of this section, an employee or Member who—

  (A) is separated from the service for at least thirty-one consecutive days; or

  (B) is transferred to a position in which he is not subject to this subchapter, or chapter 84 of this title, and remains in such a position for at least thirty-one consecutive days;

  (2) files an application with the Office of Personnel Management for payment of the lump-sum credit;

  (3) is not reemployed in a position in which he is subject to this subchapter, or chapter 84 of this title, at the time he files the application; and

  (4) will not become eligible to receive an annuity within thirty-one days after filing the application,

  is entitled to be paid the lump-sum credit. Except as provided in section 8343a or 8334(d)(2) of this title, the receipt of the payment of the lump-sum credit by the employee or Member voids all annuity rights under this subchapter based on the service on which the lump-sum credit is based, until the employee or Member is reemployed in the service subject to this subchapter. In applying this subsection to an employee or Member who becomes subject to chapter 84 (other than by an election under title III of the Federal Employees’ Retirement System Act of 1986) and who, while subject to such chapter, files an application with the Office for a payment under this subsection—

  (i) entitlement to payment of the lump-sum credit shall be determined without regard to paragraph (1) or (3) if, or to the extent that, such lump-sum credit relates to service of a type described in clauses (i) through (iii) of section 302(a)(1)(C) of the Federal Employees’ Retirement System Act of 1986; and

  (ii) if, or to the extent that, the lump-sum credit so relates to service of a type referred to in clause (i), it shall (notwithstanding section 8331(8)) consist of—

  (I) the amount by which any unrefunded amount described in section 8331(8)(A) or (B) relating to such service, exceeds 1.3 percent of basic pay for such service; and

  (II) interest on the amount payable under subclause (I), computed in a manner consistent with applicable provisions of section 8331(8).
• 5 U.S.C. § 8342(a)(2)

  Go to provision →
  (2) files an application with the Office of Personnel Management for payment of the lump-sum credit;
• 5 U.S.C. § 8342(b)

  Go to provision →
  (b) Under regulations prescribed by the Office, a present or former employee or Member may designate a beneficiary or beneficiaries for the purpose of this subchapter.
• 5 U.S.C. § 8342(c)

  Go to provision →
  (c) Lump-sum benefits authorized by subsections (d)–(f) of this section shall be paid to the person or persons surviving the employee or Member and alive at the date title to the payment arises in the following order of precedence, and the payment bars recovery by any other person:

  First, to the beneficiary or beneficiaries designated by the employee or Member in a signed and witnessed writing received in the Office before his death. For this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed has no force or effect.

  Second, if there is no designated beneficiary, to the widow or widower of the employee or Member.

  Third, if none of the above, to the child or children of the employee or Member and descendants of deceased children by representation.

  Fourth, if none of the above, to the parents of the employee or Member or the survivor of them.

  Fifth, if none of the above, to the duly appointed executor or administrator of the estate of the employee or Member.

  Sixth, if none of the above, to such other next of kin of the employee or Member as the Office determines to be entitled under the laws of the domicile of the employee or Member at the date of his death.

  For the purpose of this subsection, “child” includes a natural child and an adopted child, but does not include a stepchild.
• 5 U.S.C. § 8342(g)

  Go to provision →
  (g) Annuity accrued and unpaid on the termination, except by death, of the annuity of an annuitant or survivor annuitant shall be paid to that individual. Annuity accrued and unpaid on the death of a survivor annuitant shall be paid in the following order of precedence, and the payment bars recovery by any other person:

  First, to the duly appointed executor or administrator of the estate of the survivor annuitant.

  Second, if there is no executor or administrator, payment may be made, after 30 days from the date of death of the survivor annuitant, to such next of kin of the survivor annuitant as the Office determines to be entitled under the laws of the domicile of the survivor annuitant at the date of his death.
• 5 U.S.C. § 8342(j)(1)(B)

  Go to provision →
  (B) The Office shall prescribe regulations under which the lump-sum credit shall not be paid without the consent of a spouse or former spouse of the employee or Member where the Office has received such additional information and documentation as the Office may require that—

  (i) a court order bars payment of the lump-sum credit in order to preserve the court’s ability to award an annuity under section 8341(h) or section 8345(j); or

  (ii) payment of the lump-sum credit would extinguish the entitlement of the spouse or former spouse, under a court order on file with the Office, to a survivor annuity under section 8341(h) or to any portion of an annuity under section 8345(j).
• 5 U.S.C. § 8342(j)(1)(B)(ii)

  Go to provision →
  (ii) payment of the lump-sum credit would extinguish the entitlement of the spouse or former spouse, under a court order on file with the Office, to a survivor annuity under section 8341(h) or to any portion of an annuity under section 8345(j).
• 5 U.S.C. § 8342(j)(2)(A)

  Go to provision →
  (A) Notification of a spouse or former spouse under this subsection shall be made in accordance with such requirements as the Office shall by regulation prescribe.
• 5 U.S.C. § 8342(j)(2)(B)

  Go to provision →
  (B) Under the regulations, the Office may provide that paragraph (1)(A) of this subsection may be waived with respect to a spouse or former spouse if the employee or Member establishes to the satisfaction of the Office that the whereabouts of such spouse or former spouse cannot be determined.
• 5 U.S.C. § 8342(j)(3)

  Go to provision →
  (3) The Office shall prescribe regulations under which this subsection shall be applied in any case in which the Office receives two or more such orders or decrees.
• 5 U.S.C. § 8343(a)

  Go to provision →
  (a) Under regulations prescribed by the Office of Personnel Management, an employee or Member may voluntarily contribute additional sums in multiples of $25, but the total may not exceed 10 percent of his basic pay for creditable service after July 31, 1920. The voluntary contribution account in each case is the sum of unrefunded contributions, plus interest at 3 percent a year through December 31, 1984, and thereafter at the rate computed under section 8334(e) of this title, compounded annually to—

  (1) the date of payment under subsection (d) of this section, separation, or transfer to a position in which he does not continue subject to this subchapter, whichever is earliest; or

  (2) the commencing date fixed for a deferred annuity or date of death, whichever is earlier, in the case of an individual who is separated with title to deferred annuity and does not claim the voluntary contribution account.
• 5 U.S.C. § 8343(d)

  Go to provision →
  (d) A present or former employee or Member is entitled to be paid the voluntary contribution account if he files application for payment with the Office before receiving an additional annuity. An individual who has been paid the voluntary contribution account may not again deposit additional sums under this section until, after a separation from the service of more than 3 calendar days, he again becomes subject to this subchapter.
• 5 U.S.C. § 8343a(a)

  Go to provision →
  (a) The Office of Personnel Management shall prescribe regulations under which any employee or Member who has a life-threatening affliction or other critical medical condition may, at the time of retiring under this subchapter (other than under section 8337 of this title), elect annuity benefits under this section instead of any other benefits under this subchapter (including any benefits under section 8341 of this title) based on the service of the employee or Member.
• 5 U.S.C. § 8343a(b)

  Go to provision →
  (b) Subject to subsection (c), the Office shall by regulation provide for such alternative forms of annuities as the Office considers appropriate, except that among the alternatives offered shall be—

  (1) an alternative which provides for—

  (A) payment of the lump-sum credit to the employee or Member; and

  (B) payment of an annuity to the employee or Member for life; and

  (2) in the case of an employee or Member who is married at the time of retirement, an alternative which provides for—

  (A) payment of the lump-sum credit to the employee or Member; and

  (B) payment of an annuity to the employee or Member for life, with a survivor annuity payable for the life of a surviving spouse.
• 5 U.S.C. § 8343a(d)(2)

  Go to provision →
  (2) has a former spouse, shall be ineligible to make an election under this section if the former spouse is entitled to benefits under section 8341(h) or 8345(j) of this title (based on the service of the employee or Member) under the terms of a decree of divorce or annulment, or a court order or court-approved property settlement incident to any such decree, with respect to which the Office has been duly notified.
• 5 U.S.C. § 8344(a)

  Go to provision →
  (a) If an annuitant receiving annuity from the Fund, except—

  (1) a disability annuitant whose annuity is terminated because of his recovery or restoration of earning capacity;

  (2) an annuitant whose annuity, based on an involuntary separation (other than an automatic separation or an involuntary separation for cause on charges of misconduct or delinquency), is terminated under subsection (b) of this section;

  (3) an annuitant whose annuity is terminated under subsection (c) of this section; or

  (4) a Member receiving annuity from the Fund;

  becomes employed in an appointive or elective position, his service on and after the date he is so employed is covered by this subchapter. Deductions for the Fund may not be withheld from his pay unless the individual elects to have such deductions withheld under subparagraph (A). An amount equal to the annuity allocable to the period of actual employment shall be deducted from his pay, except for lump-sum leave payment purposes under section 5551 of this title. The amounts so deducted shall be deposited in the Treasury of the United States to the credit of the Fund. If the annuitant serves on a full-time basis, except as President, for at least 1 year, or on a part-time basis for periods equivalent to at least 1 year of full-time service, in employment not excluding him from coverage under section 8331(1)(i) or (ii) of this title—

  (A) deductions for the Fund may be withheld from his pay (if the employee so elects), and his annuity on termination of employment is increased by an annuity computed under section 8339(a), (b), (d), (e), (h), (i), (n), (q), (r), and (s) as may apply based on the period of employment and the basic pay, before deduction, averaged during that employment; and

  (B) his lump-sum credit may not be reduced by annuity paid during that employment.

  If the annuitant is receiving a reduced annuity as provided in section 8339(j) or section 8339(k)(2) of this title, the increase in annuity payable under subparagraph (A) of this subsection is reduced by 10 percent and the survivor annuity payable under section 8341(b) of this title is increased by 55 percent of the increase in annuity payable under such subparagraph (A), unless, at the time of claiming the increase payable under such subparagraph (A), the annuitant notifies the Office of Personnel Management in writing that he does not desire the survivor annuity to be increased. If the annuitant dies while still reemployed, the survivor annuity payable is increased as though the reemployment had otherwise terminated. If the described employment of the annuitant continues for at least 5 years, or the equivalent of 5 years in the case of part-time employment, he may elect, instead of the benefit provided by subparagraph (A) of this subsection, to deposit in the Fund (to the extent deposits or deductions have not otherwise been made) an amount computed under section 8334(c) of this title covering that employment and have his rights redetermined under this subchapter. If the annuitant dies while still reemployed and the described employment had continued for at least 5 years, or the equivalent of 5 years in the case of part-time employment, the person entitled to survivor annuity under section 8341(b) of this title may elect to deposit in the Fund and have his rights redetermined under this subchapter.
• 5 U.S.C. § 8344(d)(4)

  Go to provision →
  (4) if the retired Member takes office as Member and gives notice as provided by section 8331(2) of this title, his service as Member during that period shall be credited in determining his right to and the amount of later annuity.
• 5 U.S.C. § 8344(i)(1)

  Go to provision →
  (1) The Director of the Office of Personnel Management may, at the request of the head of an Executive agency—

  (A) waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for which there is exceptional difficulty in recruiting or retaining a qualified employee; or

  (B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a case-by-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances.
• 5 U.S.C. § 8344(i)(2)

  Go to provision →
  (2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for terminating a delegation of authority under paragraph (1)(B).
• 5 U.S.C. § 8344(j)(1)

  Go to provision →
  (1) If warranted by circumstances described in subsection (i)(1)(A) or (B) (as applicable), the Director of the Administrative Office of the United States Courts shall, with respect to an employee in the judicial branch, have the same waiver authority as would be available to the Director of the Office of Personnel Management, or a duly authorized agency head, under subsection (i) with respect to an employee of an Executive agency.
• 5 U.S.C. § 8344(k)(1)

  Go to provision →
  (1) If warranted by circumstances described in subsection (i)(1)(A) or (B) (as applicable), an official or committee designated in paragraph (2) shall, with respect to the employees specified in the applicable subparagraph of such paragraph, have the same waiver authority as would be available to the Director of the Office of Personnel Management, or a duly authorized agency head, under subsection (i) with respect to an employee of an Executive agency.
• 5 U.S.C. § 8344(l)(1)(A)(i)

  Go to provision →
  (i) the head of an Executive agency, other than the Department of Defense or the Government Accountability Office;
• 5 U.S.C. § 8344(l)(1)(A)(iii)

  Go to provision →
  (iii) the Director of the Administrative Office of the United States Courts, with respect to employees of the judicial branch; and
• 5 U.S.C. § 8344(l)(1)(A)(iv)

  Go to provision →
  (iv) any employing authority described under subsection (k)(2), other than the Government Accountability Office; and
• 5 U.S.C. § 8344(l)(4)(B)

  Go to provision →
  (B) If the total number of annuitants to whom a waiver by the head of an agency under this subsection or section 8468(i) applies exceeds 1 percent of the total number of full-time employees of that agency, the head of that agency shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Office of Personnel Management—

  (i) a report with an explanation that justifies the need for the waivers in excess of that percentage; and

  (ii) not later than 180 days after submitting the report under clause (i), a succession plan.
• 5 U.S.C. § 8344(l)(5)(A)

  Go to provision →
  (A) The Director of the Office of Personnel Management may promulgate regulations providing for the administration of this subsection.
• 5 U.S.C. § 8344(l)(5)(B)(ii)

  Go to provision →
  (ii) to the extent not otherwise expressly prohibited by law, require employing agencies to provide records of such employment to the Office of Personnel Management or other employing agencies as necessary to ensure compliance with paragraph (3);
• 5 U.S.C. § 8344(l)(5)(B)(iv)

  Go to provision →
  (iv) include such other administrative requirements as the Director of the Office of Personnel Management may find appropriate to provide for the effective operation of, or to ensure compliance with, this subsection; and
• 5 U.S.C. § 8344(m)(1)

  Go to provision →
  (1) For the purpose of subsections (i) through (l), “Executive agency” shall not include the Government Accountability Office.
• 5 U.S.C. § 8345(d)

  Go to provision →
  (d) An individual entitled to annuity from the Fund may decline to accept all or any part of the annuity by a waiver signed and filed with the Office of Personnel Management. The waiver may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver was in effect.
• 5 U.S.C. § 8345(e)(1)

  Go to provision →
  (1) Payment due a minor, or an individual mentally incompetent or under other legal disability, may be made to the person (including an organization) who is constituted guardian or other fiduciary by the law of the State of residence of the claimant or is otherwise legally vested with the care of the claimant or his estate. If a guardian or other fiduciary of the individual under legal disability has not been appointed under the law of the State of residence of the claimant, payment may be made to any person (including an organization) who, in the judgment of the Office, is responsible for the care of the claimant and may appropriately receive such payments on behalf of the claimant, and the payment bars recovery by any other person.
• 5 U.S.C. § 8345(e)(2)

  Go to provision →
  (2) If the Office determines that direct payment of a benefit to an individual mentally incompetent or under other legal disability would cause substantial harm to the individual, the Office may defer or suspend direct payment of the benefit until such time as the appointment of a representative payee is made. The Office shall resume payment as soon as practicable, including all amounts due.
• 5 U.S.C. § 8345(f)

  Go to provision →
  (f) The Office may not authorize a person to receive payments on behalf of a minor or individual of legal disability under subsection (e) if that person has been convicted of a violation of—

  (1) section 8345a or 8466a;

  (2) section 208 or 1632 of the Social Security Act (42 U.S.C. 408, 1383a); or

  (3) section 6101 of title 38.
• 5 U.S.C. § 8345(g)

  Go to provision →
  (g) The Office shall prescribe regulations to provide that the amount of any monthly annuity payable under this section accruing for any month and which is computed with regard to service that includes any service referred to in section 8332(b)(6) performed by an individual prior to January 1, 1969, shall be reduced by the portion of any benefits under any State retirement system to which such individual is entitled (or on proper application would be entitled) for such month which is attributable to such service performed by such individual before such date.
• 5 U.S.C. § 8345(h)

  Go to provision →
  (h) An individual entitled to an annuity from the Fund may make allotments or assignments of amounts from his annuity for such purposes as the Office of Personnel Management in its sole discretion considers appropriate.
• 5 U.S.C. § 8345(i)(1)

  Go to provision →
  (1) No payment shall be made from the Fund unless an application for benefits based on the service of an employee or Member is received in the Office of Personnel Management before the one hundred and fifteenth anniversary of his birth.
• 5 U.S.C. § 8345(i)(2)

  Go to provision →
  (2) Notwithstanding paragraph (1) of this subsection, after the death of an employee, Member, or annuitant, no benefit based on his service shall be paid from the Fund unless an application therefor is received in the Office of Personnel Management within 30 years after the death or other event which gives rise to title to the benefit.
• 5 U.S.C. § 8345(j)(1)

  Go to provision →
  (1) Payments under this subchapter which would otherwise be made to an employee, Member, or annuitant based on service of that individual shall be paid (in whole or in part) by the Office to another person if and to the extent expressly provided for in the terms of—

  (A) any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation; or

  (B) any court order or other similar process in the nature of garnishment for the enforcement of a judgment rendered against such employee, Member, or annuitant, for physically, sexually, or emotionally abusing a child.

  In the event that the Office is served with more than 1 decree, order, or other legal process with respect to the same moneys due or payable to any individual, such moneys shall be available to satisfy such processes on a first-come, first-served basis, with any such process being satisfied out of such moneys as remain after the satisfaction of all such processes which have been previously served.
• 5 U.S.C. § 8345(j)(2)

  Go to provision →
  (2) Paragraph (1) shall only apply to payments made by the Office under this subchapter after the date of receipt in the Office of written notice of such decree, order, other legal process, or agreement, and such additional information and documentation as the Office may prescribe.
• 5 U.S.C. § 8345(k)(1)

  Go to provision →
  (1) The Office shall, in accordance with this subsection, enter into an agreement with any State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the Office shall withhold State income tax in the case of the monthly annuity of any annuitant who voluntarily requests, in writing, such withholding. The amounts withheld during any calendar quarter shall be held in the Fund and disbursed to the States during the month following that calendar quarter.
• 5 U.S.C. § 8345(k)(3)

  Go to provision →
  (3) Subject to paragraph (2) of this subsection, an annuitant may change the State designated by that annuitant for purposes of having withholdings made, and may request that the withholdings be remitted in accordance with such change. An annuitant also may revoke any request of that annuitant for withholding. Any change in the State designated or revocation is effective on the first day of the month after the month in which the request or the revocation is processed by the Office, but in no event later than on the first day of the second month beginning after the day on which such request or revocation is received by the Office.
• 5 U.S.C. § 8345(k)(4)

  Go to provision →
  (4) This subsection does not give the consent of the United States to the application of a statute which imposes more burdensome requirements on the United States than on employers generally, or which subjects the United States or any annuitant to a penalty or liability because of this subsection. The Office may not accept pay from a State for services performed in withholding State income taxes from annuities. Any amount erroneously withheld from an annuity and paid to a State by the Office shall be repaid by the State in accordance with regulations issued by the Office.
• 5 U.S.C. § 8345a(a)(2)

  Go to provision →
  (2) If the Office determines that a representative payee has embezzled or converted payments as described in paragraph (1), the Office shall promptly—

  (A) revoke the certification for payment of benefits to the representative payee; and

  (B) certify payment—

  (i) to another representative payee; or

  (ii) if the interest of the individual under this title would be served thereby, to the individual.
• 5 U.S.C. § 8346(b)

  Go to provision →
  (b) Recovery of payments under this subchapter may not be made from an individual when, in the judgment of the Office of Personnel Management, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money mentioned by this subchapter on account of a certification or payment made by a former employee of the United States in the discharge of his official duties may be made only if the head of the agency on behalf of which the certification or payment was made certifies to the Office that the certification or payment involved fraud on the part of the former employee.
• 5 U.S.C. § 8347(a)

  Go to provision →
  (a) The Office of Personnel Management shall administer this subchapter. Except as otherwise specifically provided herein, the Office shall perform, or cause to be performed, such acts and prescribe such regulations as are necessary and proper to carry out this subchapter.
• 5 U.S.C. § 8347(b)

  Go to provision →
  (b) Applications under this subchapter shall be in such form as the Office prescribes. Agencies shall support the applications by such certificates as the Office considers necessary to the determination of the rights of applicants. The Office shall adjudicate all claims under this subchapter.
• 5 U.S.C. § 8347(c)

  Go to provision →
  (c) The Office shall determine questions of disability and dependency arising under this subchapter. Except to the extent provided under subsection (d) of this section, the decisions of the Office concerning these matters are final and conclusive and are not subject to review. The Office may direct at any time such medical or other examinations as it considers necessary to determine the facts concerning disability or dependency of an individual receiving or applying for annuity under this subchapter. The Office may suspend or deny annuity for failure to submit to examination.
• 5 U.S.C. § 8347(d)(2)

  Go to provision →
  (2) In the case of any individual found by the Office to be disabled in whole or in part on the basis of the individual’s mental condition, and that finding was made pursuant to an application by an agency for purposes of disability retirement under section 8337(a) of this title, the procedures under section 7701 of this title shall apply and the decision of the Board shall be subject to judicial review under section 7703 of this title.
• 5 U.S.C. § 8347(e)

  Go to provision →
  (e) The Office shall fix the fees for examinations made under this subchapter by physicians or surgeons who are not medical officers of the United States. The fees and reasonable traveling and other expenses incurred in connection with the examinations are paid from appropriations for the cost of administering this subchapter.
• 5 U.S.C. § 8347(f)

  Go to provision →
  (f) The Office shall select three actuaries, to be known as the Board of Actuaries of the Civil Service Retirement System. The Office shall fix the pay of the members of the Board, except members otherwise in the employ of the United States. The Board shall report annually on the actuarial status of the System and furnish its advice and opinion on matters referred to it by the Office. The Board may recommend to the Office and to Congress such changes as in the Board’s judgment are necessary to protect the public interest and maintain the System on a sound financial basis. The Office shall keep, or cause to be kept, such records as it considers necessary for making periodic actuarial valuations of the System. The Board shall make actuarial valuations every 5 years, or oftener if considered necessary by the Office.
• 5 U.S.C. § 8347(g)

  Go to provision →
  (g) The Office may exclude from the operation of this subchapter an employee or group of employees in or under an Executive agency whose employment is temporary or intermittent. However, the Office may not exclude any employee who occupies a position on a part-time career employment basis (as defined in section 3401(2) of this title).
• 5 U.S.C. § 8347(h)

  Go to provision →
  (h) The Office, on recommendation by the Mayor of the District of Columbia, may exclude from the operation of this subchapter an individual or group of individuals employed by the government of the District of Columbia whose employment is temporary or intermittent.
• 5 U.S.C. § 8347(i)

  Go to provision →
  (i) The Architect of the Capitol may exclude from the operation of this subchapter an employee under the Office of the Architect of the Capitol whose employment is temporary or of uncertain duration.
• 5 U.S.C. § 8347(m)

  Go to provision →
  (m) Notwithstanding any other provision of law, for the purpose of ensuring the accuracy of information used in the administration of this chapter, at the request of the Director of the Office of Personnel Management—

  (1) the Secretary of Defense or the Secretary’s designee shall provide information on retired or retainer pay provided under title 10;

  (2) the Secretary of Veterans Affairs shall provide information on pensions or compensation provided under title 38;

  (3) the Commissioner of Social Security or the Secretary’s¹ designee shall provide information contained in the records of the Social Security Administration; and

  (4) the Secretary of Labor or the Secretary’s designee shall provide information on benefits paid under subchapter I of chapter 81 of this title.

  The Director shall request only such information as the Director determines is necessary. The Director, in consultation with the officials from whom information is requested, shall establish, by regulation and otherwise, such safeguards as are necessary to ensure that information made available under this subsection is used only for the purpose authorized.
• 5 U.S.C. § 8347(n)(1)

  Go to provision →
  (1) Notwithstanding any other provision of this subchapter, the Director of Central Intelligence shall, in a manner consistent with the administration of this subchapter by the Office, and to the extent considered appropriate by the Director of Central Intelligence—

  (A) determine entitlement to benefits under this subchapter based on the service of employees of the Central Intelligence Agency;

  (B) maintain records relating to the service of such employees;

  (C) compute benefits under this subchapter based on the service of such employees;

  (D) collect deposits to the Fund made by such employees, their spouses, and their former spouses;

  (E) authorize and direct disbursements from the Fund to the extent based on service of such employees; and

  (F) perform such other functions under this subchapter as the Director of Central Intelligence, in consultation with the Director of the Office of Personnel Management, determines to be appropriate.
• 5 U.S.C. § 8347(n)(1)(F)

  Go to provision →
  (F) perform such other functions under this subchapter as the Director of Central Intelligence, in consultation with the Director of the Office of Personnel Management, determines to be appropriate.
• 5 U.S.C. § 8347(n)(2)

  Go to provision →
  (2) The Director of the Office of Personnel Management shall furnish such information and, on a reimbursable basis, such services to the Director of Central Intelligence as the Director of Central Intelligence requests to carry out paragraph (1) of this subsection.
• 5 U.S.C. § 8347(n)(3)(A)

  Go to provision →
  (A) The Director of Central Intelligence, in consultation with the Director of the Office of Personnel Management, shall by regulation prescribe appropriate procedures to carry out this subsection.
• 5 U.S.C. § 8347(n)(3)(B)

  Go to provision →
  (B) The regulations shall provide procedures for the Director of the Office of Personnel Management to inspect and audit disbursements from the Civil Service Retirement and Disability Fund under this subchapter.
• 5 U.S.C. § 8347(p)

  Go to provision →
  (p) The Director of the Administrative Office of the United States Courts may exclude from the operation of this subchapter an employee of the Administrative Office of the United States Courts, the Federal Judicial Center, or a court named by section 610 of title 28, whose employment is temporary or of uncertain duration.
• 5 U.S.C. § 8347(q)(1)

  Go to provision →
  (1) Under regulations prescribed by the Office of Personnel Management, an employee who—

  (A) has not previously made an election under this subsection or had an opportunity to make an election under this paragraph; and

  (B) moves, without a break in service of more than 1 year, to employment in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard, respectively, described in section 2105(c),

  shall be given the opportunity to elect irrevocably, within 30 days after such move, to remain covered as an employee under this subchapter during any employment described in section 2105(c) after such move.
• 5 U.S.C. § 8347(q)(2)

  Go to provision →
  (2) Under regulations prescribed by the Office of Personnel Management, an employee of a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard, described in section 2105(c), who—

  (A) has not previously made an election under this subsection or had an opportunity to make an election under this paragraph;

  (B) is a participant in a retirement system established for employees described in section 2105(c);

  (C) moves, without a break in service of more than 1 year, to a position that is not described in section 2105(c); and

  (D) is excluded from coverage under chapter 84 by section 8402(b),

  shall be given the opportunity to elect irrevocably, within 30 days after such move, to remain covered, during any subsequent employment as an employee as defined in section 2105(a) or section 2105(c), by the retirement system applicable to such employee’s current or most recent employment described in section 2105(c) rather than be subject to this subchapter.
• 5 U.S.C. § 8348(a)(1)(B)

  Go to provision →
  (B) administrative expenses incurred by the Office of Personnel Management in placing in effect each annuity adjustment granted under section 8340 or 8462 of this title, in administering survivor annuities and elections providing therefor under sections 8339 and 8341 of this title or subchapters II and IV of chapter 84 of this title, in administering alternative forms of annuities under sections 8343a and 8420a (and related provisions of law), in making an allotment or assignment made by an individual under section 8345(h) or 8465(b) of this title, in administering fraud prevention under sections 8345, 8345a, 8466, and 8466a of this title, and in withholding taxes pursuant to section 3405 of title 26 or section 8345(k) or 8469 of this title;
• 5 U.S.C. § 8348(a)(2)

  Go to provision →
  (2) is made available, subject to such annual limitation as the Congress may prescribe, for any expenses incurred by the Office in connection with the administration of this chapter, chapter 84 of this title, and other retirement and annuity statutes; and
• 5 U.S.C. § 8348(g)

  Go to provision →
  (g) At the end of each fiscal year, the Office shall notify the Secretary of the Treasury of the amount equivalent to (1) interest on the unfunded liability computed for that year at the interest rate used in the then most recent valuation of the System, and (2) that portion of disbursement for annuities for that year which the Office estimates is attributable to credit allowed for military service, less an amount determined by the Office to be appropriate to reflect the value of the deposits made to the credit of the Fund under section 8334(j) of this title. Before closing the accounts for each fiscal year, the Secretary shall credit to the Fund, as a Government contribution, out of any money in the Treasury of the United States not otherwise appropriated, the following percentages of such amounts: 10 percent for 1971; 20 percent for 1972; 30 percent for 1973; 40 percent for 1974; 50 percent for 1975; 60 percent for 1976; 70 percent for 1977; 80 percent for 1978; 90 percent for 1979; and 100 percent for 1980 and for each fiscal year thereafter.
• 5 U.S.C. § 8348(h)(1)

  Go to provision →
  (1) In this subsection, the term “Postal surplus or supplemental liability” means the estimated difference, as determined by the Office, between—

  (A) the actuarial present value of all future benefits payable from the Fund under this subchapter to current or former employees of the United States Postal Service and attributable to civilian employment with the United States Postal Service; and

  (B) the sum of—

  (i) the actuarial present value of deductions to be withheld from the future basic pay of employees of the United States Postal Service currently subject to this subchapter under section 8334;

  (ii) that portion of the Fund balance, as of the date the Postal surplus or supplemental liability is determined, attributable to payments to the Fund by the United States Postal Service and its employees, minus benefit payments attributable to civilian employment with the United States Postal Service, plus the earnings on such amounts while in the Fund; and

  (iii) any other appropriate amount, as determined by the Office in accordance with generally accepted actuarial practices and principles.
• 5 U.S.C. § 8348(h)(1)(B)(iii)

  Go to provision →
  (iii) any other appropriate amount, as determined by the Office in accordance with generally accepted actuarial practices and principles.
• 5 U.S.C. § 8348(h)(2)(A)

  Go to provision →
  (A) Not later than June 15, 2007, the Office shall determine the Postal surplus or supplemental liability, as of September 30, 2006. If that result is a surplus, the amount of the surplus shall be transferred to the Postal Service Retiree Health Benefits Fund established under section 8909a by June 30, 2007.
• 5 U.S.C. § 8348(h)(2)(B)

  Go to provision →
  (B) The Office shall redetermine the Postal surplus or supplemental liability as of the close of the fiscal year, for each fiscal year beginning after September 30, 2007, through the fiscal year ending September 30, 2038. If the result is a surplus, that amount shall remain in the Fund until distribution is authorized under subparagraph (C). Beginning June 15, 2017, if the result is a supplemental liability, the Office shall establish an amortization schedule, including a series of annual installments commencing on September 30 of the subsequent fiscal year, which provides for the liquidation of such liability by September 30, 2043.
• 5 U.S.C. § 8348(h)(2)(E)

  Go to provision →
  (E) The United States Postal Service shall pay the amounts so determined to the Office, with payments due not later than the date scheduled by the Office.
• 5 U.S.C. § 8348(h)(3)

  Go to provision →
  (3) Notwithstanding any other provision of law, in computing the amount of any payment under any other subsection of this section that is based upon the amount of the unfunded liability, such payment shall be computed disregarding that portion of the unfunded liability that the Office determines will be liquidated by payments under this subsection.
• 5 U.S.C. § 8348(i)(2)

  Go to provision →
  (2) The estimated increase in the unfunded liability referred to in paragraph (1) of this subsection shall be determined by the Office of Personnel Management. The Panama Canal Commission shall pay to the Fund from funds available to it for that purpose the amount so determined in annual installments with interest computed at the rate used in the most recent valuation of the Civil Service Retirement System.
• 5 U.S.C. § 8349(b)(4)

  Go to provision →
  (4) The Office shall prescribe regulations to carry out this subsection.
• 5 U.S.C. § 8350(b)

  Go to provision →
  (b) The Director of the Office of Personnel Management shall establish a training program for all retirement counselors of agencies of the Federal Government.
• 5 U.S.C. § 8401(8)

  Go to provision →
  (8) the term “Director” means the Director of the Office of Personnel Management;
• 5 U.S.C. § 8401(11)(B)

  Go to provision →
  (B) a Congressional employee as defined in section 2107 of this title, including a temporary Congressional employee and an employee of the Congressional Budget Office; and
• 5 U.S.C. § 8401(23)

  Go to provision →
  (23) the term “normal-cost percentage” means the entry-age normal cost of the provisions of the System which relate to the Fund, computed by the Office in accordance with generally accepted actuarial practice and standards (using dynamic assumptions) and expressed as a level percentage of aggregate basic pay;
• 5 U.S.C. § 8401(24)

  Go to provision →
  (24) the term “Office” means the Office of Personnel Management;
• 5 U.S.C. § 8401(27)(B)(iv)

  Go to provision →
  (iv) any other appropriate amount, as determined by the Office in accordance with generally accepted actuarial practices and principles;
• 5 U.S.C. § 8402(c)(1)

  Go to provision →
  (1) The Office may exclude from the operation of this chapter an employee or group of employees in or under an Executive agency, the United States Postal Service, or the Postal Regulatory Commission, whose employment is temporary or intermittent, except an employee whose employment is part-time career employment (as defined in section 3401(2)).
• 5 U.S.C. § 8402(c)(2)

  Go to provision →
  (2) The Architect of the Capitol may exclude from the operation of this chapter an employee under the Office of the Architect of the Capitol whose employment is temporary or of uncertain duration.
• 5 U.S.C. § 8402(c)(6)

  Go to provision →
  (6) The Director of the Office of Technology Assessment may exclude from the operation of this chapter an employee under the Office of Technology Assessment whose employment is temporary or intermittent.
• 5 U.S.C. § 8402(c)(7)

  Go to provision →
  (7) The Director of the Congressional Budget Office may exclude from the operation of this chapter an employee under the Congressional Budget Office whose employment is temporary or intermittent.
• 5 U.S.C. § 8402(c)(8)

  Go to provision →
  (8) The Director of the Administrative Office of the United States Courts may exclude from the operation of this chapter an employee of the Administrative Office of the United States Courts, the Federal Judicial Center, or a court named by section 610 of title 28, whose employment is temporary or of uncertain duration.
• 5 U.S.C. § 8402(e)

  Go to provision →
  (e) A bankruptcy judge or magistrate judge who is covered by section 377 of title 28 or section 2(c) of the Retirement and Survivors’ Annuities for Bankruptcy Judges and Magistrates Act of 1988 shall be excluded from the operation of this chapter, other than subchapters III and VII of such chapter, if the judge or magistrate judge notifies the Director of the Administrative Office of the United States Courts of an election of a retirement annuity under those provisions. Upon such election, the judge or magistrate judge shall be entitled to a lump-sum credit under section 8424 of this title.
• 5 U.S.C. § 8402(f)

  Go to provision →
  (f) A judge who is covered by section 7296 of title 38 shall be excluded from the operation of this chapter if the judge notifies the Director of the Office of Personnel Management of an election of a retirement annuity under that section. Upon such election, the judge shall be entitled to a lump-sum credit under section 8424 of this title.
• 5 U.S.C. § 8402(g)

  Go to provision →
  (g) A judge of the United States Court of Federal Claims who is covered by section 178 of title 28 shall be excluded from the operation of this chapter, other than subchapters III and VII of such chapter, if the judge notifies the Director of the Administrative Office of the United States Courts of an election of a retirement annuity under those provisions. Upon such election, the judge shall be entitled to a lump-sum credit under section 8424 of this title.
• 5 U.S.C. § 8411(b)(1)

  Go to provision →
  (1) employment as an employee, and any service as a Member (including the period from the date of the beginning of the term for which elected or appointed to the date of taking office as a Member), after December 31, 1986;
• 5 U.S.C. § 8411(b)(6)

  Go to provision →
  (6) service performed by any individual as an employee paid from nonappropriated funds of an instrumentality of the Department of Defense or the Coast Guard described in section 2105(c) that is not otherwise creditable, if the individual elects (in accordance with regulations prescribed by the Office) to have such service credited under this paragraph.
• 5 U.S.C. § 8411(c)(3)(B)

  Go to provision →
  (B) shall be entitled, upon filing appropriate application therefor with the Office, to a refund equal to the difference between—

  (i) the amount deposited with respect to such period under such section 8334(j) (or prior provision), excluding interest; and

  (ii) the amount which would otherwise have been required with respect to such period under paragraph (1)(B).
• 5 U.S.C. § 8411(c)(4)(C)

  Go to provision →
  (C) The Office of Personnel Management shall prescribe regulations to carry out this paragraph, including regulations under which—

  (i) a survivor may elect not to be covered by this paragraph; and

  (ii) this paragraph shall be carried out in any case which involves a former spouse.
• 5 U.S.C. § 8411(c)(5)

  Go to provision →
  (5) If, after January 1, 1997, an employee or Member waives retired pay that is subject to a court order for which there has been effective service on the Secretary concerned for purposes of section 1408 of title 10, the military service on which the retired pay is based may be credited as service for purposes of this chapter only if the employee or Member authorizes the Director to deduct and withhold from the annuity payable to the employee or Member under this subchapter an amount equal to the amount that, if the annuity payment was instead a payment of the employee’s or Member’s retired pay, would have been deducted and withheld and paid to the former spouse covered by the court order under such section 1408. The amount deducted and withheld under this paragraph shall be paid to that former spouse. The period of civil service employment by the employee or Member shall not be taken into consideration in determining the amount of the deductions and withholding or the amount of the payment to the former spouse. The Director of the Office of Personnel Management shall prescribe regulations to carry out this paragraph.
• 5 U.S.C. § 8411(f)(1)

  Go to provision →
  (1) An employee or Member who has received a refund of retirement deductions under subchapter III of chapter 83 with respect to any service described in subsection (b)(2) or (b)(3) may not be allowed credit for such service under this chapter unless such employee or Member deposits an amount equal to 1.3 percent of basic pay for such service, with interest. A deposit under this paragraph may be made only with respect to a refund received pursuant to an application filed with the Office before the date on which the employee or Member first becomes subject to this chapter.
• 5 U.S.C. § 8411(f)(3)

  Go to provision →
  (3) Interest under paragraph (1) or (2) shall be computed in accordance with paragraphs (2) and (3) of section 8334(e) and regulations prescribed by the Office.
• 5 U.S.C. § 8411(i)(1)

  Go to provision →
  (1) ² Upon application to the Office of Personnel Management, any individual who was an employee on the date of enactment of this paragraph, and who has on such date or thereafter acquired 5 years or more of creditable civilian service under this section (exclusive of service for which credit is allowed under this subsection) shall be allowed credit (as service as a congressional employee) for service before December 31, 1990, while employed by the Democratic Senatorial Campaign Committee, the Republican Senatorial Campaign Committee, the Democratic National Congressional Committee, or the Republican National Congressional Committee, if—

  (A) such employee has at least 4 years and 6 months of service on such committees as of December 31, 1990; and

  (B) such employee deposits to the Fund an amount equal to 1.3 percent of the base pay for such service, with interest.
• 5 U.S.C. § 8411(i)(2)

  Go to provision →
  (2) The Office shall accept the certification of the President of the Senate (or the President’s designee) or the Speaker of the House of Representatives (or the Speaker’s designee), as the case may be, concerning the service of, and the amount of compensation received by, an employee with respect to whom credit is to be sought under this subsection.
• 5 U.S.C. § 8411(k)(1)

  Go to provision →
  (1) ³ The Office of Personnel Management shall accept, for the purposes of this chapter, the certification of the head of a nonappropriated fund instrumentality of the United States concerning service of the type described in subsection (b)(6) that was performed for such nonappropriated fund instrumentality.
• 5 U.S.C. § 8411(l)(4)

  Go to provision →
  (4) The Office of Personnel Management shall prescribe any regulations necessary to carry out this subsection. Such regulations shall include—

  (A) provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b); and

  (B) provisions under which the Office may provide for—

  (i) the payment, to the spouse or children of any individual referred to in the first sentence of paragraph (1), of any amounts which (but for this clause) would otherwise have been nonpayable by reason of such first sentence, subject to paragraph (5); and

  (ii) an appropriate adjustment in the amount of any lump-sum payment under the second sentence of paragraph (1) to reflect the application of clause (i).
• 5 U.S.C. § 8411(l)(4)(B)

  Go to provision →
  (B) provisions under which the Office may provide for—

  (i) the payment, to the spouse or children of any individual referred to in the first sentence of paragraph (1), of any amounts which (but for this clause) would otherwise have been nonpayable by reason of such first sentence, subject to paragraph (5); and

  (ii) an appropriate adjustment in the amount of any lump-sum payment under the second sentence of paragraph (1) to reflect the application of clause (i).
• 5 U.S.C. § 8412(d)(2)(E)

  Go to provision →
  (E) In accordance with procedures established by the Director of the Office of Personnel Management, an affected individual may file an election to have any creditable service performed by the affected individual treated in accordance with this chapter without regard to subparagraph (B).
• 5 U.S.C. § 8412(g)(3)

  Go to provision →
  (3) The Office shall prescribe regulations under which an election under paragraph (2) shall be made.
• 5 U.S.C. § 8413(b)(2)(A)

  Go to provision →
  (A) it is made at such time and in such manner as the Office shall by regulation prescribe; and
• 5 U.S.C. § 8414(b)(1)(B)(iv)

  Go to provision →
  (iv) is separate¹ from the service voluntarily during a period in which, as determined by the Office of Personnel Management (upon request of the agency) under regulations prescribed by the Office—

  (I) such agency (or, if applicable, the component in which the employee is serving) is undergoing substantial delayering, substantial reorganization, substantial reductions in force, substantial transfer of function, or other substantial workforce restructuring (or shaping);

  (II) a significant percentage of employees serving in such agency (or component) are likely to be separated or subject to an immediate reduction in the rate of basic pay (without regard to subchapter VI of chapter 53, or comparable provisions); or

  (III) identified as being in positions which are becoming surplus or excess to the agency’s future ability to carry out its mission effectively; and
• 5 U.S.C. § 8414(b)(1)(B)(v)

  Go to provision →
  (v) as determined by the agency under regulations prescribed by the Office, is within the scope of the offer of voluntary early retirement, which may be made on the basis of—

  (I) 1 or more organizational units;

  (II) 1 or more occupational series or levels;

  (III) 1 or more geographical locations;

  (IV) specific periods;

  (V) skills, knowledge, or other factors related to a position; or

  (VI) any appropriate combination of such factors.²
• 5 U.S.C. § 8414(d)(3)(E)(iv)

  Go to provision →
  (iv) Any other similar objective and nonpersonal criteria that the Office of Personnel Management determines appropriate.
• 5 U.S.C. § 8414(d)(4)

  Go to provision →
  (4) Under regulations prescribed by the Office of Personnel Management, the determinations of whether an employee meets—

  (A) the requirements of subparagraph (A) of paragraph (3) shall be made by the Office upon the request of the Secretary of Defense; and

  (B) the requirements of subparagraph (E) of such paragraph shall be made by the Secretary of Defense.
• 5 U.S.C. § 8414(d)(4)(A)

  Go to provision →
  (A) the requirements of subparagraph (A) of paragraph (3) shall be made by the Office upon the request of the Secretary of Defense; and
• 5 U.S.C. § 8415(l)

  Go to provision →
  (l) The annuity of an employee retiring under this chapter with service credited under section 8411(b)(6) shall be reduced by the amount necessary to ensure that the present value of the annuity payable to the employee under this subchapter is actuarially equivalent to the present value of the annuity that would be payable to the employee under this subchapter if it were computed—

  (1) on the basis of service that does not include service credited under section 8411(b)(6); and

  (2) assuming the employee separated from service on the actual date of the separation of the employee.

  The amount of the reduction shall be computed under regulations prescribed by the Office of Personnel Management for the administration of this subsection.
• 5 U.S.C. § 8416(a)(1)

  Go to provision →
  (1) If an employee or Member is married at the time of retiring under this chapter, the reduction described in section 8419(a) shall be made unless the employee or Member and the spouse jointly waive, by written election, any right which the spouse may have to a survivor annuity under section 8442 based on the service of such employee or Member. A waiver under this paragraph shall be filed with the Office under procedures prescribed by the Office.
• 5 U.S.C. § 8416(a)(2)

  Go to provision →
  (2) Notwithstanding paragraph (1), an employee or Member who is married at the time of retiring under this chapter may waive the annuity for a surviving spouse without the spouse’s consent if the employee or Member establishes to the satisfaction of the Office (in accordance with regulations prescribed by the Office)—

  (A) that the spouse’s whereabouts cannot be determined; or

  (B) that, due to exceptional circumstances, requiring the employee or Member to seek the spouse’s consent would otherwise be inappropriate.
• 5 U.S.C. § 8416(b)(1)

  Go to provision →
  (1) Upon remarriage, a retired employee or Member who was married at the time of retirement (including an employee or Member whose annuity was not reduced to provide a survivor annuity for the employee’s or Member’s spouse or former spouse as of the time of retirement) may irrevocably elect during such marriage, in a signed writing received by the Office within 2 years after such remarriage or, if later, within 2 years after the death or remarriage of any former spouse of such employee or Member who was entitled to a survivor annuity under section 8445 (or of the last such surviving former spouse, if there was more than one), a reduction in the employee’s or Member’s annuity under section 8419(a) for the purpose of providing an annuity for such employee’s or Member’s spouse in the event such spouse survives the employee or Member.
• 5 U.S.C. § 8416(b)(2)

  Go to provision →
  (2) The election and reduction shall be effective the first day of the second month after the election is received by the Office, but not less than 9 months after the date of the remarriage.
• 5 U.S.C. § 8416(c)(1)

  Go to provision →
  (1) An employee or Member who is unmarried at the time of retiring under this chapter and who later marries may irrevocably elect, in a signed writing received by the Office within 2 years after such employee or Member marries or, if later, within 2 years after the death or remarriage of any former spouse of such employee or Member who was entitled to a survivor annuity under section 8445 (or of the last such surviving former spouse, if there was more than one), a reduction in the current annuity of the retired employee or Member, in accordance with section 8419(a).
• 5 U.S.C. § 8416(d)(5)

  Go to provision →
  (5) The Office shall inform each employee and Member who is eligible to make an election under this subsection of the right to make such election and the procedures and deadlines applicable in making any such election.
• 5 U.S.C. § 8417(b)(1)

  Go to provision →
  (1) An employee or Member who has a former spouse may elect, under procedures prescribed by the Office, a reduction in the annuity of the employee or Member under section 8419(a) in order to provide a survivor annuity for such former spouse under section 8445.
• 5 U.S.C. § 8417(b)(3)

  Go to provision →
  (3) An election under this subsection—

  (A) shall not be effective to the extent that it—

  (i) conflicts with—

  (I) any court order or decree referred to in section 8445(a) which was issued before the date of such election; or

  (II) any agreement referred to in such section 8445(a) which was entered into before such date; or

  (ii) would cause the total of survivor annuities payable under sections 8442 and 8445, respectively, based on the service of the employee or Member to exceed the amount which would be payable to a widow or widower of such employee or Member under such section 8442 (determined without regard to any reduction to provide for an annuity under such section 8445); and

  (B) shall not be effective, in the case of an employee or Member who is then married, unless it is made with the spouse’s written consent.

  The Office shall by regulation provide that subparagraph (B) may be waived for either of the reasons set forth in section 8416(a)(2).
• 5 U.S.C. § 8418(a)(1)

  Go to provision →
  (1) An individual who makes an election under subsection (b) or (c) of section 8416 or section 8417(b) which is required to be made within 2 years after the date of a prescribed event shall deposit into the Fund an amount determined by the Office (as nearly as may be administratively feasible) to reflect the amount by which the annuity of such individual would have been reduced if the election had been in effect since the date of retirement (or, if later, and in the case of an election under such section 8416(b), since the date the previous reduction in the annuity of such individual was terminated under paragraph (1) or (2) of section 8419(b)), plus interest.
• 5 U.S.C. § 8418(b)

  Go to provision →
  (b) The Office shall, by regulation, provide for payment of the deposit required under subsection (a) by a reduction in the annuity of the employee or Member. The reduction shall, to the extent practicable, be designed so that the present value of the future reduction is actuarially equivalent to the deposit required under subsection (a), except that the total reductions in the annuity of an employee or Member to pay deposits required by this section shall not exceed 25 percent of the annuity computed under section 8415 or section 8452, including adjustments under section 8462. The reduction required by this subsection, which shall be effective at the same time as the election under section 8416(b) and (c) or section 8417(b), shall be permanent and unaffected by any future termination of the marriage or the entitlement of the former spouse. Such reduction shall be independent of and in addition to the reduction required under section 8416(b) and (c) or section 8417(b).
• 5 U.S.C. § 8418(d)

  Go to provision →
  (d) The Office shall prescribe regulations under which the survivor of an employee or Member may make a deposit under this section.
• 5 U.S.C. § 8419(a)(1)

  Go to provision →
  (1) Except as provided in paragraph (2), the annuity of an annuitant computed under section 8415, or under section 8452 (including subsection (a)(2) of such section, if applicable) or one-half of the annuity, if jointly designated for this purpose by the employee or Member and the spouse of the employee or Member under procedures prescribed by the Office of Personnel Management, shall be reduced by 10 percent if a survivor annuity, or a combination of survivor annuities, under section 8442 or 8445 (or both) are to be provided for.
• 5 U.S.C. § 8419(a)(2)(A)

  Go to provision →
  (A) If no survivor annuity under section 8442 is to be provided for, but one or more survivor annuities under section 8445 involving a total of less than the entirety of the amount referred to in subsection (b)(2) of such section are to be provided for, the annuity of the annuitant involved (as computed under section 8415, or under section 8452 (including subsection (a)(2) of such section, if applicable)) or one-half of the annuity, if jointly designated for this purpose by the employee or Member and the spouse of the employee or Member under procedures prescribed by the Office of Personnel Management, shall be reduced by an appropriate percentage determined under subparagraph (B).
• 5 U.S.C. § 8419(a)(2)(B)

  Go to provision →
  (B) The Office shall prescribe regulations under which an appropriate reduction under this paragraph, not to exceed a total of 10 percent, shall be made.
• 5 U.S.C. § 8420(a)(1)

  Go to provision →
  (1) At the time of retiring under section 8412, 8413, or 8414, an employee or Member who is found to be in good health by the Office may elect to have such employee’s or Member’s annuity (as computed under section 8415) reduced under paragraph (2) in order to provide an annuity under section 8444 for an individual having an insurable interest in the employee or Member. Such individual shall be designated by the employee or Member in writing.
• 5 U.S.C. § 8420a(a)

  Go to provision →
  (a) The Office shall prescribe regulations under which any employee or Member who has a life-threatening affliction or other critical medical condition may, at the time of retiring under this subchapter, elect annuity benefits under this section instead of any other benefits under this subchapter, and any benefits under subchapter IV of this chapter, based on the service of the employee or Member.
• 5 U.S.C. § 8420a(b)

  Go to provision →
  (b) Subject to subsection (c), the Office shall by regulation provide for such alternative forms of annuities as the Office considers appropriate, except that among the alternatives offered shall be—

  (1) an alternative which provides for—

  (A) payment of the lump-sum credit (excluding interest) to the employee or Member; and

  (B) payment of an annuity to the employee or Member for life; and

  (2) in the case of an employee or Member who is married at the time of retirement, an alternative which provides for—

  (A) payment of the lump-sum credit (excluding interest) to the employee or Member; and

  (B) payment of an annuity to the employee or Member for life, with a survivor annuity payable for the life of a surviving spouse.
• 5 U.S.C. § 8420a(d)(2)

  Go to provision →
  (2) has a former spouse, shall be ineligible to make an election under this section if the former spouse is entitled to benefits under section 8445 or 8467 (based on the service of the employee or Member) under the terms of a decree of divorce or annulment, or a court order or court-approved property settlement incident to any such decree, with respect to which the Office has been duly notified.
• 5 U.S.C. § 8421a(d)

  Go to provision →
  (d) The Office shall prescribe regulations under which this section shall be applied in the case of a reemployed annuitant.
• 5 U.S.C. § 8422(d)(1)

  Go to provision →
  (1) Under such regulations as the Office may prescribe, amounts deducted under subsection (a) shall be entered on individual retirement records.
• 5 U.S.C. § 8422(e)(1)(A)

  Go to provision →
  (A) Except as provided in subparagraph (B), and subject to paragraph (6), each employee or Member who has performed military service before the date of the separation on which the entitlement to any annuity under this subchapter, or subchapter V of this chapter, is based may pay, in accordance with such regulations as the Office shall issue, to the agency by which the employee is employed, or, in the case of a Member or a Congressional employee, to the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, as appropriate, an amount equal to 3 percent of the amount of the basic pay paid under section 204 of title 37 to the employee or Member for each period of military service after December 1956. The amount of such payments shall be based on such evidence of basic pay for military service as the employee or Member may provide, or if the Office determines sufficient evidence has not been so provided to adequately determine basic pay for military service, such payment shall be based on estimates of such basic pay provided to the Office under paragraph (4).
• 5 U.S.C. § 8422(e)(3)

  Go to provision →
  (3) Any payment received by an agency, the Secretary of the Senate, or the Chief Administrative Officer of the House of Representatives under this subsection shall be immediately remitted to the Office for deposit in the Treasury of the United States to the credit of the Fund.
• 5 U.S.C. § 8422(e)(4)

  Go to provision →
  (4) The Secretary of Defense, the Secretary of Transportation, the Secretary of Commerce, or the Secretary of Health and Human Services, as appropriate, shall furnish such information to the Office as the Office may determine to be necessary for the administration of this subsection.
• 5 U.S.C. § 8422(e)(7)(C)

  Go to provision →
  (C) The Director of the Office of Personnel Management shall issue such regulations as are necessary to carry out this paragraph.
• 5 U.S.C. § 8422(f)(1)

  Go to provision →
  (1) Each employee or Member who has performed service as a volunteer or volunteer leader under part A of title VIII of the Economic Opportunity Act of 1964, as a full-time volunteer enrolled in a program of at least 1 year’s duration under part A, B,¹ or C of title I of the Domestic Volunteer Service Act of 1973, or as a volunteer or volunteer leader under the Peace Corps Act before the date of the separation on which the entitlement to any annuity under this subchapter, or subchapter V of this chapter, is based may pay, in accordance with such regulations as the Office of Personnel Management shall issue, an amount equal to 3 percent of the readjustment allowance paid to the employee or Member under title VIII of the Economic Opportunity Service Act of 1964 or section 5(c) or 6(1) of the Peace Corps Act or the stipend paid to the employee or Member under part A, B,¹ or C of title I of the Domestic Volunteer Service Act of 1973, for each period of service as such a volunteer or volunteer leader. This paragraph shall be subject to paragraph (4).
• 5 U.S.C. § 8422(f)(3)

  Go to provision →
  (3) The Director of the Peace Corps and the Chief Executive Officer of the Corporation for National and Community Service shall furnish such information to the Office of Personnel Management as the Office may determine to be necessary for the administration of this subsection.
• 5 U.S.C. § 8422(f)(5)(B)

  Go to provision →
  (B) In calculating and processing the deposit under paragraph (1) with respect to an employee, Member, or annuitant, if the Office of Personnel Management makes an administrative error that causes additional interest assessed to accrue on the deposit, the Office of Personnel Management may pay, on behalf of the employee, Member, or annuitant, any additional interest assessed due to the administrative error.
• 5 U.S.C. § 8422(f)(5)(D)

  Go to provision →
  (D) The Director of the Office of Personnel Management shall issue such regulations as are necessary to carry out this paragraph.
• 5 U.S.C. § 8422(i)(2)

  Go to provision →
  (2) Interest under this subsection shall be computed in accordance with paragraphs (2) and (3) of section 8334(e) and regulations prescribed by the Office. The option under the third sentence of section 8334(e)(2) to make a deposit in one or more installments shall apply to deposits under this subsection.
• 5 U.S.C. § 8423(a)(2)(B)(iii)

  Go to provision →
  (iii) After the unfunded liability of the Civil Service Retirement System has been eliminated, as determined by the Office, Government contributions under this subsection shall be determined and made disregarding this subparagraph.
• 5 U.S.C. § 8423(a)(3)(B)

  Go to provision →
  (B) in the case of elected officials, from an appropriation or fund available for payment of other salaries of the same office or establishment; and
• 5 U.S.C. § 8423(b)(1)

  Go to provision →
  (1) The Office shall compute—

  (A) the amount of the supplemental liability of the Fund with respect to individuals other than those to whom subparagraph (B) relates, and

  (B) the amount of the supplemental liability of the Fund with respect to current or former employees of the United States Postal Service (and the Postal Regulatory Commission) and their survivors;

  as of the close of each fiscal year beginning after September 30, 1987.
• 5 U.S.C. § 8423(b)(3)

  Go to provision →
  (3) At the end of each fiscal year, the Office shall notify—

  (A) the Secretary of the Treasury of the amount of the installment computed under this subsection for such year with respect to individuals under paragraph (1)(A); and

  (B) the Postmaster General of the United States of the amount of the installment computed under this subsection for such year with respect to individuals under paragraph (1)(B).
• 5 U.S.C. § 8423(b)(5)

  Go to provision →
  (5) For the purpose of carrying out paragraph (1) with respect to any fiscal year, the Office may—

  (A) require the Board of Actuaries of the Civil Service Retirement System to make actuarial determinations and valuations, make recommendations, and maintain records in the same manner as provided in section 8347(f); and

  (B) use the latest actuarial determinations and valuations made by such Board of Actuaries.
• 5 U.S.C. § 8423(c)

  Go to provision →
  (c) Under regulations prescribed by the Office, the head of an agency may request reconsideration of any amount determined to be payable with respect to such agency under subsection (a) or (b). Any such request shall be referred to the Board of Actuaries of the Civil Service Retirement System. The Board of Actuaries shall review the computations of the Office and may make any adjustment with respect to any such amount which the Board determines appropriate. A determination by the Board of Actuaries under this subsection shall be final.
• 5 U.S.C. § 8424(a)(2)

  Go to provision →
  (2) files an application with the Office for payment of the lump-sum credit;
• 5 U.S.C. § 8424(b)(1)(B)

  Go to provision →
  (B) The Office shall prescribe regulations under which the lump-sum credit shall not be paid without the consent of a spouse or former spouse of the employee or Member where the Office has received such additional information or documentation as the Office may require that—

  (i) a court order bars payment of the lump-sum credit in order to preserve the court’s ability to award an annuity under section 8445 or 8467; or

  (ii) payment of the lump-sum credit would extinguish the entitlement of the spouse or former spouse, under a court order on file with the Office, to a survivor annuity under section 8445 or to any portion of an annuity under section 8467.
• 5 U.S.C. § 8424(b)(1)(B)(ii)

  Go to provision →
  (ii) payment of the lump-sum credit would extinguish the entitlement of the spouse or former spouse, under a court order on file with the Office, to a survivor annuity under section 8445 or to any portion of an annuity under section 8467.
• 5 U.S.C. § 8424(b)(2)(A)

  Go to provision →
  (A) Notification of a spouse or former spouse under this subsection shall be made in accordance with such requirements as the Office shall by regulation prescribe.
• 5 U.S.C. § 8424(b)(2)(B)

  Go to provision →
  (B) Under the regulations, the Office may provide that paragraph (1)(A) may be waived with respect to a spouse or former spouse if the employee or Member establishes to the satisfaction of the Office that the whereabouts of such spouse or former spouse cannot be determined.
• 5 U.S.C. § 8424(b)(3)

  Go to provision →
  (3) The Office shall prescribe regulations under which this subsection shall be applied in any case in which the Office receives two or more orders or decrees referred to in paragraph (1)(B)(i).
• 5 U.S.C. § 8424(c)

  Go to provision →
  (c) Under regulations prescribed by the Office, an employee or Member, or a former employee or Member, may designate one or more beneficiaries under this section.
• 5 U.S.C. § 8424(d)

  Go to provision →
  (d) Lump-sum benefits authorized by subsections (e) through (g) shall be paid to the individual or individuals surviving the employee or Member and alive at the date title to the payment arises in the following order of precedence, and the payment bars recovery by any other individual:

  First, to the beneficiary or beneficiaries designated by the employee or Member in a signed and witnessed writing received in the Office before the death of such employee or Member. For this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed has no force or effect.

  Second, if there is no designated beneficiary, to the widow or widower of the employee or Member.

  Third, if none of the above, to the child or children of the employee or Member and descendants of deceased children by representation.

  Fourth, if none of the above, to the parents of the employee or Member or the survivor of them.

  Fifth, if none of the above, to the duly appointed executor or administrator of the estate of the employee or Member.

  Sixth, if none of the above, to such other next of kin of the employee or Member as the Office determines to be entitled under the laws of the domicile of the employee or Member at the date of death of the employee or Member.

  For the purpose of this subsection, “child” includes a natural child and an adopted child, but does not include a stepchild.
• 5 U.S.C. § 8424(h)

  Go to provision →
  (h) Annuity accrued and unpaid on the termination, except by death, of the annuity of an annuitant or survivor shall be paid to that individual. Annuity accrued and unpaid on the death of a survivor shall be paid in the following order of precedence, and the payment bars recovery by any other person:

  First, to the duly appointed executor or administrator of the estate of the survivor.

  Second, if there is no executor or administrator, payment may be made, after 30 days from the date of death of the survivor, to such next of kin of the survivor as the Office determines to be entitled under the laws of the domicile of the survivor at the date of death.
• 5 U.S.C. § 8425(b)(1)

  Go to provision →
  (1) A law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer who is otherwise eligible for immediate retirement under section 8412(d)(1) shall be separated from the service on the last day of the month in which that law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer¹ as the case may be, becomes 57 years of age or completes 20 years of service if then over that age. If the head of the agency judges that the public interest so requires, that agency head may exempt such an employee from automatic separation under this subsection until that employee becomes 60 years of age. The employing office shall notify the employee in writing of the date of separation at least 60 days before that date. Action to separate the employee is not effective, without the consent of the employee, until the last day of the month in which the 60-day notice expires.
• 5 U.S.C. § 8432(e)

  Go to provision →
  (e) The sums required to be contributed to the Thrift Savings Fund by an employing agency under subsection (c) for the benefit of an employee or Member shall be paid from the appropriation or fund available to such agency for payment of salaries of the employee’s or Member’s office or establishment. When an employee or Member in the legislative branch is paid by the Chief Administrative Officer of the House of Representatives, the Chief Administrative Officer may pay from the applicable accounts of the House of Representatives the contribution that otherwise would be contributed from the appropriation or fund used to pay the employee or Member.
• 5 U.S.C. § 8432(g)(2)(A)(iii)

  Go to provision →
  (iii) a position in the Executive branch which is excepted from the competitive service by the Office by reason of the confidential and policy-determining character of the position;
• 5 U.S.C. § 8432a(c)

  Go to provision →
  (c) Any amounts required to be paid by an employing agency under this section shall be paid from the appropriation or fund available to the employing agency for payment of salaries of the participant’s office or establishment. If a participant in the legislative branch is paid by the Chief Administrative Officer of the House of Representatives, the Chief Administrative Officer may pay from the applicable accounts of the House of Representatives the amount required to be paid to correct errors relating to the Thrift Savings Fund that otherwise would be paid from the appropriation or fund used to pay the participant.
• 5 U.S.C. § 8440b(b)(6)

  Go to provision →
  (6) For purposes of this section, the terms “retirement” and “retire” include removal from office under section 377(d) of title 28 on the sole ground of mental or physical disability.
• 5 U.S.C. § 8440c(b)(6)

  Go to provision →
  (6) For purposes of this section, the terms “retirement” and “retire” include removal from office under section 178(c) of title 28 on the sole ground of mental or physical disability.
• 5 U.S.C. § 8441(3)

  Go to provision →
  (3) the term “dependent”, in the case of any child, means that the employee, Member, or annuitant involved was, at the time of death of the employee, Member, or annuitant either living with or contributing to the support of such child, as determined in accordance with such regulations as the Office shall prescribe; and
• 5 U.S.C. § 8441(4)

  Go to provision →
  (4) the term “child” means—

  (A) an unmarried dependent child under 18 years of age, including (i) an adopted child, (ii) a stepchild but only if the stepchild lived with the employee, Member, or annuitant in a regular parent-child relationship, (iii) a recognized natural child, and (iv) a child who lived with and for whom a petition of adoption was filed by an employee, Member, or annuitant and who is adopted by the widow or widower of the employee, Member, or annuitant after the death of such employee, Member, or annuitant;

  (B) such unmarried dependent child regardless of age who is incapable of self-support because of mental or physical disability incurred before age 18; or

  (C) such unmarried dependent child between 18 and 22 years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution.

  For the purpose of this paragraph and section 8443, a child whose 22nd birthday occurs before July 1 or after August 31 of a calendar year, and while regularly pursuing such a course of study or training, is deemed to have become 22 years of age on the first day of July after that birthday. A child who is a student is deemed not to have ceased to be a student during an interim between school years if the interim is not more than 5 months and if such child shows to the satisfaction of the Office that such child has a bona fide intention of continuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately after the interim.
• 5 U.S.C. § 8442(b)(2)

  Go to provision →
  (2) The Office shall prescribe regulations under which the total amount payable to a widow or widower under paragraph (1)(A) may, at the election of the widow or widower, be paid—

  (A) in a lump sum; or

  (B) on a monthly basis—

  (i) over a period of 3 years beginning on the day after the employee’s or Member’s death; or

  (ii) over any other period established under the regulations.

  Any method of payment provided for under subparagraph (B) shall be designed such that the present value of the benefits provided under such method is actuarially equivalent to the present value of a lump-sum payment under subparagraph (A).
• 5 U.S.C. § 8442(c)(1)(B)

  Go to provision →
  (B) the lump-sum credit, if the widow or widower is the individual who would be entitled to the lump-sum credit and if such widow or widower files application therefor with the Office.
• 5 U.S.C. § 8445(c)(1)(B)

  Go to provision →
  (B) the first day of the second month beginning after the date on which the Office receives written notice of the order, decree, agreement, or election, as the case may be, together with such additional information or documentation as the Office may prescribe;
• 5 U.S.C. § 8445(f)(1)

  Go to provision →
  (1) Any amount under section 8442(b)(1)(A) which would otherwise be payable to a widow or widower based on the service of another individual shall be paid (in whole or in part) by the Office to a former spouse of such individual if and to the extent expressly provided for in the terms of a court decree of divorce, annulment, or legal separation, or the terms of a court order or court-approved property settlement incident to any decree of divorce, annulment, or legal separation.
• 5 U.S.C. § 8445(f)(2)

  Go to provision →
  (2) Paragraph (1) shall apply only to payments made by the Office after the date of receipt in the Office of written notice of such decree, order, or agreement, and such additional information and documentation as the Office may prescribe.
• 5 U.S.C. § 8445(h)(2)

  Go to provision →
  (2) A remarriage described in paragraph (1) shall not be taken into account for purposes of section 8419(b)(1)(B) or any other provision of this chapter which the Office may by regulation identify in order to carry out the purposes of this subsection.
• 5 U.S.C. § 8451(a)(1)(B)

  Go to provision →
  (B) For purposes of this subsection, an employee shall be considered disabled only if the employee is found by the Office to be unable, because of disease or injury, to render useful and efficient service in the employee’s position.
• 5 U.S.C. § 8451(a)(2)(B)

  Go to provision →
  (B) An employee who is applying for disability retirement under this subchapter shall be considered for reassignment by the employee’s agency to a vacant position described in subparagraph (A) in accordance with such procedures as the Office shall by regulation prescribe.
• 5 U.S.C. § 8451(b)

  Go to provision →
  (b) A Member who completes at least 18 months of service as a Member and is found by the Office to be disabled for useful and efficient service as a Member because of disease or injury shall be retired on the Member’s own application.
• 5 U.S.C. § 8452(b)(1)

  Go to provision →
  (1) Except as provided in subsection (d), if an annuitant is entitled to an annuity under this subchapter as of the day before the date of the sixty-second anniversary of the annuitant’s birth (hereinafter in this section referred to as the annuitant’s “redetermination date”), such annuity shall be redetermined by the Office in accordance with paragraph (2). Effective as of the annuitant’s redetermination date, the annuity (as so redetermined) shall be in lieu of any annuity to which such annuitant would otherwise be entitled under this subchapter.
• 5 U.S.C. § 8453

  Go to provision →
  A claim may be allowed under this subchapter only if application is filed with the Office before the employee or Member is separated from the service or within 1 year thereafter. This time limitation may be waived by the Office for an employee or Member who, at the date of separation from service or within 1 year thereafter, is mentally incompetent if the application is filed with the Office within 1 year from the date of restoration of the employee or Member to competency or the appointment of a fiduciary, whichever is earlier.
• 5 U.S.C. § 8454

  Go to provision →
  An annuitant receiving a disability retirement annuity from the Fund shall be examined under the direction of the Office—
• 5 U.S.C. § 8455(a)(1)

  Go to provision →
  (1) If an annuitant receiving a disability retirement annuity from the Fund recovers from the disability before becoming 60 years of age, payment of the annuity terminates on reemployment by the Government or 1 year after the date on which the Office determines that the annuitant has recovered, whichever is earlier.
• 5 U.S.C. § 8455(b)(3)

  Go to provision →
  (3) If an annuitant whose annuity is terminated because of a medical finding that the individual has recovered from disability is not reemployed in a position in which such individual is subject to this chapter, the annuity of such individual shall be restored at the applicable rate under section 8452 effective from the date on which the Office determines that there has been a recurrence of the disability.
• 5 U.S.C. § 8456(b)

  Go to provision →
  (b) Any individual applying for or receiving any annuity pursuant to this section shall, in accordance with regulations prescribed by the Office, be considered by any agency of the Government before any vacant position in the agency is filled if—

  (1) the position is located within the commuting area of the individual’s former position;

  (2) the individual is qualified to serve in such position, as determined by the head of the agency; and

  (3) the position is at the same grade or equivalent level as the position from which the individual was separated.
• 5 U.S.C. § 8461(a)

  Go to provision →
  (a) The Office shall pay all benefits that are payable under subchapter II, IV, V, or VI of this chapter from the Fund.
• 5 U.S.C. § 8461(b)

  Go to provision →
  (b) The Office shall administer all provisions of this chapter not specifically required to be administered by the Board, the Executive Director, the Secretary of Labor, or any other officer or agency.
• 5 U.S.C. § 8461(c)

  Go to provision →
  (c) The Office shall adjudicate all claims under the provisions of this chapter administered by the Office.
• 5 U.S.C. § 8461(d)

  Go to provision →
  (d) The Office shall determine questions of disability and dependency arising under the provisions of this chapter administered by the Office. Except to the extent provided under subsection (e), the decisions of the Office concerning these matters are final and conclusive and are not subject to review. The Office may direct at any time such medical or other examinations as it considers necessary to determine the facts concerning disability or dependency of an individual receiving or applying for annuity under the provisions of this chapter administered by the Office. The Office may suspend or deny annuity for failure to submit to examination.
• 5 U.S.C. § 8461(e)(1)

  Go to provision →
  (1) Subject to paragraph (2), an administrative action or order affecting the rights or interests of an individual or of the United States under the provisions of this chapter administered by the Office may be appealed to the Merit Systems Protection Board under procedures prescribed by the Board.
• 5 U.S.C. § 8461(e)(2)

  Go to provision →
  (2) In the case of any individual found by the Office to be disabled in whole or in part on the basis of the individual’s mental condition, and that finding was made pursuant to an application by an agency for purposes of disability retirement under section 8451, the procedures under section 7701 shall apply and the decision of the Board shall be subject to judicial review under section 7703.
• 5 U.S.C. § 8461(f)

  Go to provision →
  (f) The Office shall fix the fees for examinations made under subchapter V of this chapter by physicians or surgeons who are not medical officers of the United States. The fees and reasonable traveling and other expenses incurred in connection with the examinations are paid from appropriations for the cost of administering the provisions of this chapter administered by the Office.
• 5 U.S.C. § 8461(g)

  Go to provision →
  (g) The Office may prescribe regulations to carry out the provisions of this chapter administered by the Office.
• 5 U.S.C. § 8461(i)

  Go to provision →
  (i) In making a determination of “actuarial equivalence” under this chapter, the economic assumptions used shall be the same as the economic assumptions most recently used by the Office (before the determination of actuarial equivalence involved) in determining the normal-cost percentage of the System.
• 5 U.S.C. § 8461(j)(1)

  Go to provision →
  (1) Notwithstanding any other provision of this chapter, the Director of Central Intelligence shall, in a manner consistent with the administration of this chapter by the Office, and to the extent considered appropriate by the Director of Central Intelligence—

  (A) determine entitlement to benefits under this chapter based on the service of employees of the Central Intelligence Agency;

  (B) maintain records relating to the service of such employees;

  (C) compute benefits under this chapter based on the service of such employees;

  (D) collect deposits to the Fund made by such employees, their spouses, their former spouses, and their survivors;

  (E) authorize and direct disbursements from the Fund to the extent based on service of such employees; and

  (F) perform such other functions under this chapter (other than under subchapters III and VII of this chapter) with respect to employees of the Central Intelligence Agency as the Director of Central Intelligence, in consultation with the Director of the Office of Personnel Management, determines to be appropriate.
• 5 U.S.C. § 8461(j)(1)(F)

  Go to provision →
  (F) perform such other functions under this chapter (other than under subchapters III and VII of this chapter) with respect to employees of the Central Intelligence Agency as the Director of Central Intelligence, in consultation with the Director of the Office of Personnel Management, determines to be appropriate.
• 5 U.S.C. § 8461(j)(2)

  Go to provision →
  (2) The Director of the Office of Personnel Management shall furnish such information and, on a reimbursable basis, such services to the Director of Central Intelligence as the Director of Central Intelligence requests to carry out paragraph (1).
• 5 U.S.C. § 8461(m)(1)

  Go to provision →
  (1) The Director of Central Intelligence, in consultation with the Director of the Office of Personnel Management and the Executive Director of the Federal Retirement Thrift Investment Board, shall by regulation prescribe appropriate procedures to carry out subsections (j), (k), and (l).
• 5 U.S.C. § 8461(m)(2)

  Go to provision →
  (2) The regulations shall provide procedures for the Director of the Office of Personnel Management to inspect and audit disbursements from the Fund under this chapter.
• 5 U.S.C. § 8461(n)(1)

  Go to provision →
  (1) Under regulations prescribed by the Office, an employee who—

  (A) has not previously made an election under this subsection or had an opportunity to make an election under this paragraph; and

  (B) moves, without a break in service of more than 1 year, to employment in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard, respectively, described in section 2105(c),

  shall be given the opportunity to elect irrevocably, within 30 days after such move, to remain covered as an employee under this chapter during any employment described in section 2105(c) after such move.
• 5 U.S.C. § 8461(n)(2)

  Go to provision →
  (2) Under regulations prescribed by the Office, an employee of a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c), who—

  (A) has not previously made an election under this subsection or had an opportunity to make an election under this paragraph;

  (B) is a participant in a retirement system established for employees described in section 2105(c);

  (C) moves, without a break in service of more than 1 year, to a position that is not described by section 2105(c); and

  (D) is not eligible to make an election under section 8347(q),

  shall be given the opportunity to elect irrevocably, within 30 days after such move, to remain covered, during any subsequent employment as an employee as defined by section 2105(a) or section 2105(c), by the retirement system applicable to such employee’s current or most recent employment described by section 2105(c) rather than be subject to this chapter.
• 5 U.S.C. § 8465(a)

  Go to provision →
  (a) An individual entitled to an annuity payable from the Fund may decline to accept all or any part of the amount of the annuity by a waiver signed and filed with the Office. The waiver may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver is in effect.
• 5 U.S.C. § 8465(b)

  Go to provision →
  (b) An individual entitled to an annuity payable from the Fund may make allotments or assignments of amounts from the annuity for such purposes as the Office considers appropriate.
• 5 U.S.C. § 8466(a)

  Go to provision →
  (a) No payment of benefits based on the service of an employee or Member shall be made from the Fund unless an application for payment of the benefits is received by the Office before the one hundred and fifteenth anniversary of the birth of the employee or Member.
• 5 U.S.C. § 8466(b)

  Go to provision →
  (b) Notwithstanding subsection (a), after the death of an employee, Member, or annuitant, or former employee or Member, a benefit based on the service of such employee, Member, or annuitant, or former employee or Member, shall not be paid under subchapter II or IV of this chapter unless an application therefor is received by the Office within 30 years after the death or other event which establishes the entitlement to the benefit.
• 5 U.S.C. § 8466(c)(1)

  Go to provision →
  (1) Payment due a minor, or an individual mentally incompetent or under other legal disability, may be made to the person (including an organization) who is constituted guardian or other fiduciary by the law of the State of residence of the claimant or is otherwise legally vested with the care of the claimant or his estate. If a guardian or other fiduciary of the individual under legal disability has not been appointed under the law of the State of residence of the claimant, payment may be made to any person (including an organization) who, in the judgment of the Office, is responsible for the care of the claimant and may appropriately receive such payments on behalf of the claimant, and the payment bars recovery by any other person.
• 5 U.S.C. § 8466(c)(2)

  Go to provision →
  (2) If the Office determines that direct payment of a benefit to an individual mentally incompetent or under other legal disability would cause substantial harm to the individual, the Office may defer or suspend direct payment of the benefit until such time as the appointment of a representative payee is made. The Office shall resume payment as soon as practicable, including all amounts due.
• 5 U.S.C. § 8466(d)

  Go to provision →
  (d) The Office may not authorize a person to receive payments on behalf of a minor or individual of legal disability under subsection (c) if that person has been convicted of a violation of—

  (1) section 8345a or 8466a;

  (2) section 208 or 1632 of the Social Security Act (42 U.S.C. 408, 1383a); or

  (3) section 6101 of title 38.
• 5 U.S.C. § 8466a(a)(2)

  Go to provision →
  (2) If the Office determines that a representative payee has embezzled or converted payments as described in paragraph (1), the Office shall promptly—

  (A) revoke the certification for payment of benefits to the representative payee; and

  (B) certify payment—

  (i) to another representative payee; or

  (ii) if the interest of the individual under this title would be served thereby, to the individual.
• 5 U.S.C. § 8467(a)

  Go to provision →
  (a) Payments under this chapter which would otherwise be made to an employee, Member, or annuitant (including an employee, Member, or annuitant as defined in section 8331) based on service of that individual shall be paid (in whole or in part) by the Office or the Executive Director, as the case may be, to another person if and to the extent expressly provided for in the terms of—

  (1) any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation; or

  (2) any court order or other similar process in the nature of garnishment for the enforcement of a judgment rendered against such employee, Member, or annuitant, for physically, sexually, or emotionally abusing a child.

  In the event that the Office or the Executive Director, as the case may be, is served with more than 1 decree, order, or other legal process with respect to the same moneys due or payable to any individual, such moneys shall be available to satisfy such processes on a first-come, first-served basis, with any such process being satisfied out of such moneys as remain after the satisfaction of all such processes which have been previously served.
• 5 U.S.C. § 8467(b)

  Go to provision →
  (b) Subsection (a) shall apply only to payments made by the Office or the Executive Director under this chapter after the date on which the Office or the Executive Director (as the case may be) receives written notice of such decree, order, other legal process, or agreement, and such additional information and documentation as the Office or the Executive Director may require.
• 5 U.S.C. § 8468(b)(1)(B)(i)

  Go to provision →
  (i) If the annuitant is receiving a reduced annuity as provided in section 8419, the increase in annuity payable under subparagraph (A) is reduced by 10 percent and the survivor annuity or combination of survivor annuities payable under section 8442 or 8445 (or both) is increased by 50 percent of the increase in annuity payable under subparagraph (A), unless, at the time of claiming the increase payable under subparagraph (A), the annuitant notifies the Office in writing that the annuitant does not desire the survivor annuity to be increased.
• 5 U.S.C. § 8468(b)(2)(B)

  Go to provision →
  (B) If an annuitant who is subject to the deductions referred to in subparagraph (A) dies while still reemployed, after having been reemployed for at least 5 years of full-time service (or the equivalent thereof in the case of part-time employment), any person entitled to a survivor annuity under section 8442 or 8445 based on the service of such annuitant shall be permitted to elect, in accordance with regulations prescribed by the Office of Personnel Management, to have such person’s rights under subchapter IV redetermined. A redetermined survivor annuity elected under this subparagraph shall be in lieu of an increased annuity which would otherwise be payable in accordance with paragraph (1)(B)(ii).
• 5 U.S.C. § 8468(b)(3)

  Go to provision →
  (3) If an annuitant subject to deductions under the second sentence of subsection (a) serves on a full-time basis for a period of less than 1 year, or on a part-time basis for periods equivalent to less than 1 year of full-time service, the total amount withheld under section 8422(a) from the annuitant’s basic pay for the period or periods involved shall, upon written application to the Office, be payable to the annuitant (or the appropriate survivor or survivors, determined in the order set forth in section 8424(d)).
• 5 U.S.C. § 8468(f)(1)

  Go to provision →
  (1) The Director of the Office of Personnel Management may, at the request of the head of an Executive agency—

  (A) waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for which there is exceptional difficulty in recruiting or retaining a qualified employee; or

  (B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a case-by-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances.
• 5 U.S.C. § 8468(f)(2)

  Go to provision →
  (2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for terminating a delegation of authority under paragraph (1)(B).
• 5 U.S.C. § 8468(g)(1)

  Go to provision →
  (1) If warranted by circumstances described in subsection (f)(1)(A) or (B) (as applicable), the Director of the Administrative Office of the United States Courts shall, with respect to an employee in the judicial branch, have the same waiver authority as would be available to the Director of the Office of Personnel Management, or a duly authorized agency head, under subsection (f) with respect to an employee of an Executive agency.
• 5 U.S.C. § 8468(h)(1)

  Go to provision →
  (1) If warranted by circumstances described in subsection (f)(1)(A) or (B) (as applicable), an official or committee designated in paragraph (2) shall, with respect to the employees specified in the applicable subparagraph of such paragraph, have the same waiver authority as would be available to the Director of the Office of Personnel Management, or a duly authorized agency head, under subsection (f) with respect to an employee of an Executive agency.
• 5 U.S.C. § 8468(i)(1)(A)(i)

  Go to provision →
  (i) the head of an Executive agency, other than the Department of Defense or the Government Accountability Office;
• 5 U.S.C. § 8468(i)(1)(A)(iii)

  Go to provision →
  (iii) the Director of the Administrative Office of the United States Courts, with respect to employees of the judicial branch; and
• 5 U.S.C. § 8468(i)(1)(A)(iv)

  Go to provision →
  (iv) any employing authority described under subsection (h)(2), other than the Government Accountability Office; and
• 5 U.S.C. § 8468(i)(4)(B)

  Go to provision →
  (B) If the total number of annuitants to whom a waiver by the head of an agency under this subsection or section 8344(l) applies exceeds 1 percent of the total number of full-time employees of that agency, the head of that agency shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Office of Personnel Management—

  (i) a report with an explanation that justifies the need for the waivers in excess of that percentage; and

  (ii) not later than 180 days after submitting the report under clause (i), a succession plan.
• 5 U.S.C. § 8468(i)(5)(A)

  Go to provision →
  (A) The Director of the Office of Personnel Management may promulgate regulations providing for the administration of this subsection.
• 5 U.S.C. § 8468(i)(5)(B)(ii)

  Go to provision →
  (ii) to the extent not otherwise expressly prohibited by law, require employing agencies to provide records of such employment to the Office or other employing agencies as necessary to ensure compliance with paragraph (3);
• 5 U.S.C. § 8468(i)(5)(B)(iv)

  Go to provision →
  (iv) include such other administrative requirements as the Director of the Office of Personnel Management may find appropriate to provide for effective operation of, or to ensure compliance with, this subsection; and
• 5 U.S.C. § 8468(j)(1)

  Go to provision →
  (1) For the purpose of subsections (f) through (i), “Executive agency” shall not include the Government Accountability Office.
• 5 U.S.C. § 8469(a)

  Go to provision →
  (a) The Office shall, in accordance with this section, enter into an agreement with any State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the Office shall withhold State income tax in the case of the monthly annuity of any annuitant who voluntarily requests, in writing, such withholding. The amounts withheld during any calendar quarter shall be held in the Fund and disbursed to the States during the month following that calendar quarter.
• 5 U.S.C. § 8469(c)

  Go to provision →
  (c) Subject to subsection (b), an annuitant may change the State designated by that annuitant for purposes of having withholdings made, and may request that the withholdings be remitted in accordance with such change. An annuitant also may revoke any request of that annuitant for withholding. Any change in the State designated or revocation is effective on the first day of the month after the month in which the request or the revocation is processed by the Office, but in no event later than on the first day of the second month beginning after the day on which such request or revocation is received by the Office.
• 5 U.S.C. § 8469(d)

  Go to provision →
  (d) This section does not give the consent of the United States to the application of a statute which imposes more burdensome requirements on the United States than on employers generally, or which subjects the United States or any annuitant to a penalty or liability because of this section. The Office may not accept pay from a State for services performed in withholding State income taxes from annuities. Any amount erroneously withheld from an annuity and paid to a State by the Office shall be repaid by the State in accordance with regulations issued by the Office.
• 5 U.S.C. § 8470(b)

  Go to provision →
  (b) Recovery of payments under subchapter II, IV, or V of this chapter may not be made from an individual when, in the judgment of the Office, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money paid under subchapter II, IV, or V of this chapter on account of a certification or payment made by a former employee of the United States in the discharge of his official duties may be made only if the head of the agency on behalf of which the certification or payment was made certifies to the Office that the certification or payment involved fraud on the part of the former employee.
• 5 U.S.C. § 8472(e)(3)

  Go to provision →
  (3) The term of any member shall not expire before the date on which the member’s successor takes office.
• 5 U.S.C. § 8472(g)(1)(C)

  Go to provision →
  (C) upon the concurring votes of four members, remove the Executive Director from office for good cause shown; and
• 5 U.S.C. § 8473(c)(3)(C)

  Go to provision →
  (C) The term of any member shall not expire before the date on which the member’s successor takes office.
• 5 U.S.C. § 8501(1)(E)

  Go to provision →
  (E) by an individual excluded by regulations of the Office of Personnel Management from the operation of subchapter III of chapter 83 of this title because he is paid on a contract or fee basis;
• 5 U.S.C. § 8505(c)

  Go to provision →
  (c) The Secretary, from time to time, shall certify to the Secretary of the Treasury the sum payable to each State under this section. The Secretary of the Treasury, before audit or settlement by the Government Accountability Office, shall pay the State in accordance with the certification from the funds for carrying out the purposes of this subchapter.
• 5 U.S.C. § 8701(a)(5)

  Go to provision →
  (5) a justice or judge of the United States appointed to hold office during good behavior (i) who is in regular active judicial service, or (ii) who is retired from regular active service under section 371(b) or 372(a) of title 28, United States Code, or (iii) who has resigned the judicial office under section 371(a) of title 28 with the continued right during the remainder of his lifetime to receive the salary of the office at the time of his resignation;
• 5 U.S.C. § 8701(a)(9)

  Go to provision →
  (9) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838); and
• 5 U.S.C. § 8701(a)(10)

  Go to provision →
  (10) an individual appointed to a position on the office staff of a former President, or a former Vice President under section 5 of the Presidential Transition Act of 1963, as amended (78 Stat. 153), who immediately before the date of such appointment was an employee as defined under any other paragraph of this subsection;
• 5 U.S.C. § 8701(a)(C)

  Go to provision →
  (C) an employee excluded by regulation of the Office of Personnel Management under section 8716(b) of this title.
• 5 U.S.C. § 8701(d)(2)

  Go to provision →
  (2) For the purpose of this subsection, “dependent”, in the case of any child, means that the individual involved was, at the time of the child’s death, either living with or contributing to the support of the child, as determined in accordance with the regulations the Office shall prescribe.
• 5 U.S.C. § 8702(a)

  Go to provision →
  (a) An employee is automatically insured on the date he becomes eligible for insurance and each policy of insurance purchased by the Office of Personnel Management under this chapter shall provide for that automatic coverage.
• 5 U.S.C. § 8702(b)

  Go to provision →
  (b) An employee desiring not to be insured shall give written notice to his employing office on a form prescribed by the Office. If the notice is received before he has become insured, he shall not be insured. If the notice is received after he has become insured, his insurance stops at the end of the pay period in which the notice is received.
• 5 U.S.C. § 8702(c)

  Go to provision →
  (c) Notwithstanding a notice previously given under subsection (b), an employee who is deployed in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) or an employee of the Department of Defense who is designated as an emergency essential employee under section 1580 of title 10 shall be insured if the employee, within 60 days after the date of notification of deployment or designation, elects to be insured under a policy of insurance under this chapter. An election under the preceding sentence shall be effective when provided to the Office in writing, in the form prescribed by the Office, within such 60-day period.
• 5 U.S.C. § 8703

  Go to provision →
  The Office of Personnel Management shall arrange to have each insured employee receive a certificate setting forth the benefits to which he is entitled, to whom the benefits are payable, to whom the claims shall be submitted, and summarizing the provisions of the policy principally affecting him. The certificate is issued instead of the certificate which the insurance company would otherwise be required to issue.
• 5 U.S.C. § 8704(b)

  Go to provision →
  (b) An employee eligible for insurance is entitled to be insured for group accidental death and dismemberment insurance in accordance with this subsection. Subject to the conditions and limitations approved by the Office of Personnel Management which are contained in the policy purchased by the Office, the group accidental death and dismemberment insurance provides payment as follows:

  For any one accident the aggregate amount of group accidental death and dismemberment insurance that may be paid may not exceed an amount equal to the employee’s basic insurance amount.
• 5 U.S.C. § 8704(c)

  Go to provision →
  (c) The Office shall prescribe regulations providing for the conversion of other than annual rates of pay to annual rates of pay and shall specify the types of pay included in annual pay. For the purpose of this chapter, “annual pay” includes—

  (1) premium pay under section 5545(c)(1) of this title; and

  (2) with respect to a law enforcement officer as defined in section 8331(20) or 8401(17) of this title, premium pay under section 5545(c)(2) of this title.
• 5 U.S.C. § 8705(a)

  Go to provision →
  (a) Except as provided in subsection (e), the amount of group life insurance and group accidental death insurance in force on an employee at the date of his death shall be paid, on the establishment of a valid claim, to the person or persons surviving at the date of his death, in the following order of precedence:

  First, to the beneficiary or beneficiaries designated by the employee in a signed and witnessed writing received before death in the employing office or, if insured because of receipt of annuity or of benefits under subchapter I of chapter 81 of this title as provided by section 8706(b) of this title, in the Office of Personnel Management. For this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed has no force or effect.

  Second, if there is no designated beneficiary, to the widow or widower of the employee.

  Third, if none of the above, to the child or children of the employee and descendants of deceased children by representation.

  Fourth, if none of the above, to the parents of the employee or the survivor of them.

  Fifth, if none of the above, to the duly appointed executor or administrator of the estate of the employee.

  Sixth, if none of the above, to other next of kin of the employee entitled under the laws of the domicile of the employee at the date of his death.
• 5 U.S.C. § 8705(c)

  Go to provision →
  (c) If, within 2 years after the death of the employee, no claim for payment has been filed by a person entitled under the order of precedence named by subsection (a) of this section, and neither the Office nor the administrative office established by the company concerned pursuant to section 8709(b) of this title has received notice that such a claim will be made, payment may be made to the claimant who in the judgment of the Office is equitably entitled thereto, and the payment bars recovery by any other person.
• 5 U.S.C. § 8705(e)(1)

  Go to provision →
  (1) Any amount which would otherwise be paid to a person determined under the order of precedence named by subsection (a) shall be paid (in whole or in part) by the Office to another person if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation.
• 5 U.S.C. § 8705(e)(2)

  Go to provision →
  (2) For purposes of this subsection, a decree, order, or agreement referred to in paragraph (1) shall not be effective unless it is received, before the date of the covered employee’s death, by the employing agency or, if the employee has separated from service, by the Office.
• 5 U.S.C. § 8705(e)(4)

  Go to provision →
  (4) The Office shall prescribe any regulations necessary to carry out this subsection, including regulations for the application of this subsection in the event that two or more decrees, orders, or agreements, are received with respect to the same amount.
• 5 U.S.C. § 8706(a)

  Go to provision →
  (a) A policy purchased under this chapter shall contain a provision, approved by the Office of Personnel Management, to the effect that insurance on an employee stops on his separation from the service or 12 months after discontinuance of his pay, whichever is earlier, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office. Justices and judges of the United States described in section 8701(a)(5)(ii) and (iii) of this chapter are deemed to continue in active employment for purposes of this chapter.
• 5 U.S.C. § 8706(b)(1)

  Go to provision →
  (1) In the case of any employee who retires on an immediate annuity and has been insured under this chapter throughout—

  (A) the 5 years of service immediately preceding the date of the employee’s retirement, or

  (B) the full period or periods of service during which the employee was entitled to be insured, if fewer than 5 years,

  life insurance, without accidental death and dismemberment insurance, may be continued, under conditions determined by the Office.
• 5 U.S.C. § 8706(b)(2)

  Go to provision →
  (2) In the case of any employee who becomes entitled to receive compensation under subchapter I of chapter 81 of this title because of disease or injury to the employee and has been insured under this chapter throughout—

  (A) the 5 years of service immediately preceding the date the employee becomes entitled to compensation, or

  (B) the full period or periods of service during which the employee was entitled to be insured, if fewer than 5 years,

  life insurance, without accidental death and dismemberment insurance, may be continued, under conditions determined by the Office, during the period the employee is receiving compensation and is held by the Secretary of Labor or the Secretary’s delegate to be unable to return to duty.
• 5 U.S.C. § 8706(b)(3)(B)

  Go to provision →
  (B) in addition to any deductions which would be required if the insurance were continued as provided under subparagraph (A) of this paragraph, the employee may elect continuous withholdings from annuity or compensation in amounts determined by the Office, and the employee’s life insurance coverage shall be either continued without reduction or reduced each month by no more than 1 percent of its face value until no less than 50 percent of the amount of insurance in force before the first reduction remains.
• 5 U.S.C. § 8706(f)(1)

  Go to provision →
  (1) Under regulations prescribed by the Office, each policy purchased under this chapter shall provide that an insured employee or former employee may make an irrevocable assignment of the employee’s or former employee’s incidents of ownership in the policy.
• 5 U.S.C. § 8706(g)

  Go to provision →
  (g) If the insurance of a former employee receiving a disability annuity under section 8337 of this title stops because of the termination of such annuity, and such annuity is thereafter restored under the second or third sentence of subsection (e) of such section, such former employee may, under regulations prescribed by the Office, elect to resume the insurance coverage which was so stopped.
• 5 U.S.C. § 8707(a)

  Go to provision →
  (a) Subject to subsection (c)(2), during each period in which an employee is insured under a policy purchased by the Office of Personnel Management under section 8709 of this title, there shall be withheld from the employee’s pay a share of the cost of the group life insurance and accidental death and dismemberment insurance.
• 5 U.S.C. § 8707(c)(1)

  Go to provision →
  (1) The amount withheld from the pay, annuity, or compensation of each employee subject to insurance deductions shall be at the rate, adjusted to the nearest half-cent, of 66⅔ percent of the level cost as determined by the Office for each $1,000 of the employee’s basic insurance amount.
• 5 U.S.C. § 8707(d)

  Go to provision →
  (d) If an agency fails to withhold the proper amount of life insurance deductions from an individual’s salary, compensation, or retirement annuity, the collection of unpaid deductions may be waived by the agency if, in the judgment of the agency, the individual is without fault and recovery would be against equity and good conscience. However, if the agency so waives the collection of unpaid deductions, the agency shall submit an amount equal to the sum of the uncollected deductions and related agency contributions required under section 8708 of this title to the Office for deposit to the Employees’ Life Insurance Fund.
• 5 U.S.C. § 8708(a)

  Go to provision →
  (a) For each period in which an employee is insured under a policy of insurance purchased by the Office of Personnel Management under section 8709 of this title, a sum equal to one-half the amount which is withheld from the pay of the employee under section 8707 of this title shall be contributed from the appropriation or fund which is used to pay him.
• 5 U.S.C. § 8708(c)

  Go to provision →
  (c) When the employee is an elected official, the sum required by subsection (a) of this section is contributed from an appropriation or fund available for payment of other salaries of the same office or establishment.
• 5 U.S.C. § 8708(d)(1)

  Go to provision →
  (1) Except as otherwise provided in this subsection, for each period in which an employee continues life insurance after retirement or while in receipt of compensation under subchapter I of chapter 81 of this title because of disease or injury to the employee, as provided under section 8706(b) of this title, a sum equal to one-half of the amount which is withheld from the employee’s annuity or compensation under section 8707 of this title shall be contributed by the Office from annual appropriations which are authorized to be made for that purpose and which may be made available until expended.
• 5 U.S.C. § 8709(a)

  Go to provision →
  (a) The Office of Personnel Management, without regard to section 6101(b) to (d) of title 41, may purchase from one or more life insurance companies a policy or policies of group life and accidental death and dismemberment insurance to provide the benefits specified by this chapter. A company must meet the following requirements:

  (1) It must be licensed to transact life and accidental death and dismemberment insurance under the laws of 48 of the States and the District of Columbia.

  (2) It must have in effect, on the most recent December 31 for which information is available to the Office, an amount of employee group life insurance equal to at least 1 percent of the total amount of employee group life insurance in the United States in all life insurance companies.
• 5 U.S.C. § 8709(a)(2)

  Go to provision →
  (2) It must have in effect, on the most recent December 31 for which information is available to the Office, an amount of employee group life insurance equal to at least 1 percent of the total amount of employee group life insurance in the United States in all life insurance companies.
• 5 U.S.C. § 8709(b)

  Go to provision →
  (b) A company issuing a policy under subsection (a) of this section shall establish an administrative office under a name approved by the Office.
• 5 U.S.C. § 8709(c)

  Go to provision →
  (c) The Office at any time may discontinue a policy purchased from a company under subsection (a) of this section.
• 5 U.S.C. § 8710(a)

  Go to provision →
  (a) The Office of Personnel Management shall arrange with a company issuing a policy under this chapter for the reinsurance, under conditions approved by the Office, of portions of the total amount of insurance under the policy, determined under this section, with other life insurance companies which elect to participate in the reinsurance.
• 5 U.S.C. § 8710(b)

  Go to provision →
  (b) The Office shall determine for and in advance of a policy year which companies are eligible to participate as reinsurers and the amount of insurance under a policy which is to be allocated to the issuing company and to reinsurers. The Office shall make this determination at least every 3 years and when a participating company withdraws.
• 5 U.S.C. § 8710(c)

  Go to provision →
  (c) The Office shall establish a formula under which the amount of insurance retained by an issuing company after ceding reinsurance, and the amount of reinsurance ceded to each reinsurer, is in proportion to the total amount of each company’s group life insurance, excluding insurance purchased under this chapter, in force in the United States on the determination date, which is the most recent December 31 for which information is available to the Office. In determining the proportions, the portion of a company’s group life insurance in force on the determination date in excess of $100,000,000 shall be reduced by—

  (1) 25 percent of the first $100,000,000 of the excess;

  (2) 50 percent of the second $100,000,000 of the excess;

  (3) 75 percent of the third $100,000,000 of the excess; and

  (4) 95 percent of the remaining excess.

  However, the amount retained by or ceded to a company may not exceed 25 percent of the amount of the company’s total life insurance in force in the United States on the determination date.
• 5 U.S.C. § 8710(e)

  Go to provision →
  (e) An issuing company or reinsurer is entitled, as a minimum, to be allocated an amount of insurance under the policy equal to any reduction from December 31, 1953, to the determination date, in the amount of the company’s group life insurance under policies issued to associations of employees of the United States. However, any increase under this subsection in the amount allocated is reduced by the amount in force on the determination date of any policy covering life insurance agreements assumed by the Office.
• 5 U.S.C. § 8710(f)

  Go to provision →
  (f) The Office may modify the computations under this section as necessary to carry out the intent of this section.
• 5 U.S.C. § 8711(a)(1)

  Go to provision →
  (1) For group life insurance, a schedule of basic premium rates by age which the Office of Personnel Management determines to be consistent with the lowest schedule of basic premium rates generally charged for new group life insurance policies issued to large employers.
• 5 U.S.C. § 8711(a)(2)

  Go to provision →
  (2) For group accidental death and dismemberment insurance, a basic premium rate which the Office determines is consistent with the lowest rate generally charged for new group accidental death and dismemberment policies issued to large employers.
• 5 U.S.C. § 8711(b)

  Go to provision →
  (b) The policy shall provide that the basic premium rates determined for the first policy year continue for later policy years except as readjusted for a later year based on experience under the policy. The company issuing the policy may make the readjustment on a basis that the Office determines in advance of the policy year is consistent with the general practice of life insurance companies under policies of group life and group accidental death and dismemberment insurance issued to large employers.
• 5 U.S.C. § 8711(c)

  Go to provision →
  (c) The policy shall provide that if the Office determines that ascertaining the actual age distribution of the amounts of group life insurance in force at the date of issue of the policy or at the end of the first or any later year of insurance thereunder would not be possible except at a disproportionately high expense, the Office may approve the determination of a tentative average group life premium rate, for the first or any later policy year, instead of using the actual age distribution. The Office, on request by the company issuing the policy, shall redetermine the tentative average premium rate during any policy year, if experience indicates that the assumptions made in determining that rate were incorrect for that year.
• 5 U.S.C. § 8711(d)

  Go to provision →
  (d) The policy shall stipulate the maximum expense and risk charges for the first policy year. The Office shall determine these charges on a basis consistent with the general level of charges made by life insurance companies under policies of group life and accidental death and dismemberment insurance issued to large employers. The maximum charges continue from year to year, except that the Office may redetermine them for any year either by agreement with the company issuing the policy or on written notice given to the company at least 1 year before the beginning of the year for which the redetermined maximum charges will be effective.
• 5 U.S.C. § 8712

  Go to provision →
  A policy purchased under this chapter shall provide for an accounting to the Office of Personnel Management not later than 90 days after the end of each policy year. The accounting shall set forth, in a form approved by the Office—
• 5 U.S.C. § 8714(a)(2)

  Go to provision →
  (2) expenses incurred by the Office of Personnel Management in the administration of this chapter within the limitations that may be specified annually by appropriation acts.
• 5 U.S.C. § 8714a(a)

  Go to provision →
  (a) Under the conditions, directives, and terms specified in sections 8709–8712 of this title, the Office of Personnel Management, without regard to section 6101(b) to (d) of title 41, may purchase a policy which shall make available to each insured employee equal amounts of optional life insurance and accidental death and dismemberment insurance in addition to the amounts provided in section 8704(a) of this title.
• 5 U.S.C. § 8714a(b)(1)

  Go to provision →
  (1) An employee who is deployed in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) or an employee of the Department of Defense who is designated as emergency essential under section 1580 of title 10 shall be insured under the policy of insurance under this section if the employee, within 60 days after the date of notification of deployment or designation, elects to be insured under the policy of insurance. An election under this paragraph shall be effective when provided to the Office in writing, in the form prescribed by the Office, within such 60-day period.
• 5 U.S.C. § 8714a(b)(2)

  Go to provision →
  (2) The optional life insurance and accidental death and dismemberment insurance shall be made available to each insured employee under such conditions as the Office shall prescribe and in amounts approved by the Office but not more than the greater of $10,000 or an amount which, when added to the amount provided in section 8704(a) of this title, makes the sum of his insurance equal to his annual pay.
• 5 U.S.C. § 8714a(c)(1)

  Go to provision →
  (1) Except as otherwise provided in this subsection, the optional insurance on an employee stops on his separation from service or 12 months after discontinuance of his pay, whichever is earlier, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office.
• 5 U.S.C. § 8714a(c)(2)(A)

  Go to provision →
  (A) In the case of any employee who retires on an immediate annuity and has been insured under this section throughout—

  (i) the 5 years of service immediately preceding the date of such retirement, or

  (ii) the full period or periods of service during which the employee was entitled to be insured, if less than 5 years,

  the amount of optional life insurance only which has been in force throughout such period may be continued, under conditions determined by the Office.
• 5 U.S.C. § 8714a(c)(2)(B)

  Go to provision →
  (B) In the case of any employee who becomes entitled to receive compensation under subchapter I of chapter 81 of this title because of disease or injury to the employee and has been insured under this section throughout—

  (i) the 5 years of service immediately preceding the date such employee becomes entitled to such compensation, or

  (ii) the full period or periods of service during which the employee was entitled to be insured, if less than 5 years,

  the amount of optional life insurance only which has been in force throughout such period may be continued, under conditions determined by the Office, during the period the employee is receiving such compensation for disease or injury and is held by the Secretary of Labor or his delegate to be unable to return to duty.
• 5 U.S.C. § 8714a(c)(2)(C)

  Go to provision →
  (C) The amount of optional life insurance continued under subparagraph (A) or subparagraph (B) of this paragraph shall be reduced by 2 percent at the end of each full calendar month after the date the employee becomes 65 years of age and is retired or is receiving compensation for disease or injury. The Office shall prescribe minimum amounts, not less than 25 percent of the amount of life insurance in force before the first reduction, to which the insurance may be reduced.
• 5 U.S.C. § 8714a(c)(3)

  Go to provision →
  (3) Notwithstanding paragraph (c)(1) of this section,¹ a justice or judge of the United States as defined by section 8701(a)(5) of this title who resigns his office without meeting the requirements of section 371(a) of title 28, United States Code, for continuation of the judicial salary shall have the right to convert regular optional life insurance coverage issued under this section during his judicial service to an individual policy of life insurance under the same conditions approved by the Office governing conversion of basic life insurance coverage for employees eligible as provided in section 8706(a) of this title.
• 5 U.S.C. § 8714a(d)(2)

  Go to provision →
  (2) If an agency fails to withhold the proper cost of optional insurance from an individual’s salary, compensation, or retirement annuity, the collection of amounts properly due may be waived by the agency if, in the judgment of the agency, the individual is without fault and recovery would be against equity and good conscience. However, if the agency so waives the collection of any unpaid amount, the agency shall submit an amount equal to the uncollected amount to the Office for deposit to the Employees’ Life Insurance Fund.
• 5 U.S.C. § 8714a(e)

  Go to provision →
  (e) The cost of the optional insurance shall be determined from time to time by the Office on the basis of such age groups as it considers appropriate.
• 5 U.S.C. § 8714b(a)

  Go to provision →
  (a) Under the conditions, directives, and terms specified in sections 8709 through 8712 of this title, the Office of Personnel Management, without regard to section 6101(b) to (d) of title 41, may purchase a policy which shall make available to each employee insured under section 8702 of this title amounts of additional optional life insurance (without accidental death and dismemberment insurance). An employee may elect coverage under this section without regard to whether the employee has elected coverage under optional insurance available under section 8714a of this title.
• 5 U.S.C. § 8714b(b)(1)

  Go to provision →
  (1) An employee who is deployed in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) or an employee of the Department of Defense who is designated as emergency essential under section 1580 of title 10 shall be insured under the policy of insurance under this section if the employee, within 60 days after the date of notification of deployment or designation, elects to be insured under the policy of insurance. An election under this paragraph shall be effective when provided to the Office in writing, in the form prescribed by the Office, within such 60-day period.
• 5 U.S.C. § 8714b(b)(2)

  Go to provision →
  (2) The additional optional insurance provided under this section shall be made available to each eligible employee who has elected coverage under this section, under conditions the Office shall prescribe, in multiples, at the employee’s election, of 1, 2, 3, 4, or 5 times the annual rate of basic pay payable to the employee (rounded to the next higher multiple of $1,000). An employee may reduce or stop coverage elected pursuant to this section at any time.
• 5 U.S.C. § 8714b(c)(1)

  Go to provision →
  (1) Except as otherwise provided in this subsection, the additional optional insurance elected by an employee pursuant to this section shall stop on separation from service or 12 months after discontinuance of his pay, whichever is earlier, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office. Justices and judges of the United States described in section 8701(a)(5)(ii) and (iii) of this chapter are deemed to continue in active employment for purposes of this chapter. A justice or judge of the United States as defined by section 8701(a)(5) of this title who resigns his office without meeting the requirements of section 371(a) of title 28, United States Code, for continuation of the judicial salary shall have the right to convert additional optional life insurance coverage issued under this section during his judicial service to an individual policy of life insurance under the same conditions approved by the Office governing conversion of basic life insurance coverage for employees eligible as provided in section 8706(a) of this title.
• 5 U.S.C. § 8714b(c)(2)

  Go to provision →
  (2) In the case of any employee who retires on an immediate annuity or who becomes entitled to receive compensation under subchapter I of chapter 81 of this title because of disease or injury to the employee, so much of the additional optional insurance as has been in force for not less than—

  (A) the 5 years of service immediately preceding the date of retirement or entitlement to compensation, or

  (B) the full period or periods of service during which the insurance was available to the employee, if fewer than 5 years,

  may be continued under conditions determined by the Office after retirement or while the employee is receiving compensation under subchapter I of chapter 81 of this title and is held by the Secretary of Labor (or the Secretary’s delegate) to be unable to return to duty.
• 5 U.S.C. § 8714b(c)(5)(A)

  Go to provision →
  (A) An employee whose additional optional insurance under this section would otherwise stop in accordance with paragraph (1) and who is not eligible to continue insurance under paragraph (2) may elect, under conditions prescribed by the Office of Personnel Management, to continue all or a portion of so much of the additional optional insurance as has been in force for not less than—

  (i) the 5 years of service immediately preceding the date of the event which would cause insurance to stop under paragraph (1); or

  (ii) the full period or periods of service during which the insurance was available to the employee, if fewer than 5 years,

  at group rates established for purposes of this section, in lieu of conversion to an individual policy. The amount of insurance continued under this paragraph shall be reduced by 50 percent effective at the beginning of the second calendar month after the date the employee or former employee attains age 70 and shall stop at the beginning of the second calendar month after attainment of age 80, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office. Alternatively, insurance continued under this paragraph may be reduced or stopped at any time the employee or former employee elects.
• 5 U.S.C. § 8714b(c)(5)(B)

  Go to provision →
  (B) When an employee or former employee elects to continue additional optional insurance under this paragraph following separation from service or 12 months without pay, the insured individual shall submit timely payment of the full cost thereof, plus any amount the Office determines necessary to cover associated administrative expenses, in such manner as the Office shall prescribe by regulation. Amounts required under this subparagraph shall be deposited, used, and invested as provided under section 8714 and shall be reported and accounted for together with amounts withheld under section 8714a(d).
• 5 U.S.C. § 8714b(c)(5)(C)(ii)

  Go to provision →
  (ii) On and after the date on which an election may not be made under clause (i), all additional optional insurance under this paragraph for former employees shall terminate, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office.
• 5 U.S.C. § 8714b(d)(2)

  Go to provision →
  (2) If an agency fails to withhold the proper cost of additional optional insurance from an individual’s salary, compensation, or retirement annuity, the collection of amounts properly due may be waived by the agency if, in the judgment of the agency, the individual is without fault and recovery would be against equity and good conscience. However, if the agency so waives the collection of any unpaid amount, the agency shall submit an amount equal to the uncollected amount to the Office for deposit to the Employees’ Life Insurance Fund.
• 5 U.S.C. § 8714b(e)

  Go to provision →
  (e) The cost of the additional optional insurance shall be determined from time to time by the Office on the basis of the employee’s age relative to such age groups as the Office establishes under section 8714a(e) of this title.
• 5 U.S.C. § 8714c(a)

  Go to provision →
  (a) Under the conditions, directives, and terms specified in sections 8709 through 8712 of this title, the Office of Personnel Management, without regard to section 6101(b) to (d) of title 41, may purchase a policy which shall make available to each employee insured under section 8702 of this title amounts of optional life insurance (without accidental death and dismemberment insurance) on the employee’s family members.
• 5 U.S.C. § 8714c(b)(1)

  Go to provision →
  (1) The optional life insurance on family members provided under this section shall be made available to each eligible employee who has elected coverage under this section, under conditions the Office shall prescribe, in multiples, at the employee’s election, of 1, 2, 3, 4, or 5 times—

  (A) $5,000 for a spouse; and

  (B) $2,500 for each child described under section 8701(d).
• 5 U.S.C. § 8714c(c)(1)

  Go to provision →
  (1) Except as otherwise provided in this subsection, the optional life insurance on family members shall stop at the earlier of the employee’s death, the employee’s separation from the service, or 12 months after discontinuance of pay, subject to a provision for temporary extension of life insurance coverage and for conversion to individual policies of life insurance under conditions approved by the Office.
• 5 U.S.C. § 8714c(d)(2)

  Go to provision →
  (2) If an agency fails to withhold the proper cost of optional life insurance on family members from an individual’s salary, compensation, or retirement annuity, the collection of amounts properly due may be waived by the agency if, in the judgment of the agency, the individual is without fault and recovery would be against equity and good conscience. However, if the agency so waives the collection of any unpaid amount, the agency shall submit an amount equal to the uncollected amount to the Office for deposit to the Employees’ Life Insurance Fund.
• 5 U.S.C. § 8714c(e)

  Go to provision →
  (e) The cost of the optional life insurance on family members shall be determined from time to time by the Office on the basis of the employee’s age relative to such age groups as the Office establishes under section 8714a(e) of this title.
• 5 U.S.C. § 8714d(b)

  Go to provision →
  (b) The Office of Personnel Management shall prescribe regulations under which any individual covered by group life insurance under section 8704(a) may, if such individual is terminally ill, elect to receive a lump-sum payment equal to—

  (1) the full amount of insurance under section 8704(a) (or portion thereof designated for this purpose under subsection (d)(4)) which would otherwise be payable under this chapter (on the establishment of a valid claim)—

  (A) computed based on a date determined under regulations of the Office (but not later than 30 days after the date on which the individual’s application for benefits under this section is approved or deemed approved under subsection (d)(3)); and

  (B) assuming continued coverage under this chapter at that time;

  reduced by

  (2) an amount necessary to assure that there is no increase in the actuarial value of the benefit paid (as determined under regulations of the Office).
• 5 U.S.C. § 8714d(b)(1)(A)

  Go to provision →
  (A) computed based on a date determined under regulations of the Office (but not later than 30 days after the date on which the individual’s application for benefits under this section is approved or deemed approved under subsection (d)(3)); and
• 5 U.S.C. § 8714d(b)(2)

  Go to provision →
  (2) an amount necessary to assure that there is no increase in the actuarial value of the benefit paid (as determined under regulations of the Office).
• 5 U.S.C. § 8714d(d)(1)

  Go to provision →
  (1) The Office’s regulations shall include provisions regarding the form and manner in which an application under this section shall be made and the procedures in accordance with which any such application shall be considered.
• 5 U.S.C. § 8716(a)

  Go to provision →
  (a) The Office of Personnel Management may prescribe regulations necessary to carry out the purposes of this chapter.
• 5 U.S.C. § 8716(b)

  Go to provision →
  (b) The regulations of the Office may prescribe the time at which and the conditions under which an employee is eligible for coverage under this chapter. The Office, after consulting the head of the agency or other employing authority concerned, may exclude an employee on the basis of the nature and type of his employment or conditions pertaining to it, such as short-term appointment, seasonal, intermittent employment, and employment of like nature. The Office may not exclude—

  (1) an employee or group of employees solely on the basis of the hazardous nature of employment;

  (2) a teacher in the employ of the Board of Education of the District of Columbia, whose pay is fixed by section 1501 of title 31, District of Columbia Code, on the basis of the fact that the teacher is serving under a temporary appointment if the teacher has been so employed by the Board for a period or periods totaling not less than two school years; or

  (3) an employee who is occupying a position on a part-time career employment basis (as defined in section 3401(2) of this title).
• 5 U.S.C. § 8901(1)(H)

  Go to provision →
  (H) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838);
• 5 U.S.C. § 8901(1)(I)

  Go to provision →
  (I) an individual appointed to a position on the office staff of a former President, or a former Vice President under section 5 of the Presidential Transition Act of 1963, as amended (78 Stat. 153), who immediately before the date of such appointment was an employee as defined under any other subparagraph of this paragraph; and
• 5 U.S.C. § 8901(1)(iv)

  Go to provision →
  (iv) an employee excluded by regulation of the Office of Personnel Management under section 8913(b) of this title;
• 5 U.S.C. § 8901(8)(A)

  Go to provision →
  (A) an association or other organization of employees which is national in scope, or in which membership is open to all employees of a Government agency who are eligible to enroll in a health benefits plan under this chapter and which, after December 31, 1978, and before January 1, 1980, applied to the Office for approval of a plan provided under section 8903(3) of this title; and
• 5 U.S.C. § 8901(8)(B)

  Go to provision →
  (B) an association or other organization which is national in scope, in which membership is open only to employees, annuitants, or former spouses, or any combination thereof, and which, during the 90-day period beginning on the date of enactment of section 8903a of this title, applied to the Office for approval of a plan provided under such section;
• 5 U.S.C. § 8901(9)

  Go to provision →
  (9) “dependent”, in the case of any child, means that the employee or annuitant involved is either living with or contributing to the support of such child, as determined in accordance with such regulations as the Office shall prescribe;
• 5 U.S.C. § 8901(11)(B)(ii)

  Go to provision →
  (ii) meets equivalent requirements (as prescribed by the Office).
• 5 U.S.C. § 8902(a)

  Go to provision →
  (a) The Office of Personnel Management may contract with qualified carriers offering plans described by section 8903 or 8903a of this title, without regard to section 6101(b) to (d) of title 41 or other statute requiring competitive bidding. Each contract shall be for a uniform term of at least 1 year, but may be made automatically renewable from term to term in the absence of notice of termination by either party.
• 5 U.S.C. § 8902(c)(1)

  Go to provision →
  (1) to reinsure with other companies which elect to participate, under an equitable formula based on the total amount of their group health insurance benefit payments in the United States during the latest year for which the information is available, to be determined by the carrier and approved by the Office; or
• 5 U.S.C. § 8902(c)(2)

  Go to provision →
  (2) to allocate its rights and obligations under the contract among its affiliates which elect to participate, under an equitable formula to be determined by the carrier and the affiliates and approved by the Office.
• 5 U.S.C. § 8902(d)

  Go to provision →
  (d) Each contract under this chapter shall contain a detailed statement of benefits offered and shall include such maximums, limitations, exclusions, and other definitions of benefits as the Office considers necessary or desirable.
• 5 U.S.C. § 8902(e)

  Go to provision →
  (e) The Office may prescribe reasonable minimum standards for health benefits plans described by section 8903 or 8903a of this title and for carriers offering the plans. Approval of a plan may be withdrawn only after notice and opportunity for hearing to the carrier concerned without regard to subchapter II of chapter 5 and chapter 7 of this title. The Office may terminate the contract of a carrier effective at the end of the contract term, if the Office finds that at no time during the preceding two contract terms did the carrier have 300 or more employees and annuitants, exclusive of family members, enrolled in the plan.
• 5 U.S.C. § 8902(i)

  Go to provision →
  (i) Rates charged under health benefits plans described by section 8903 or 8903a of this title shall reasonably and equitably reflect the cost of the benefits provided. Rates under health benefits plans described by section 8903(1) and (2) of this title shall be determined on a basis which, in the judgment of the Office, is consistent with the lowest schedule of basic rates generally charged for new group health benefit plans issued to large employers. The rates determined for the first contract term shall be continued for later contract terms, except that they may be readjusted for any later term, based on past experience and benefit adjustments under the later contract. Any readjustment in rates shall be made in advance of the contract term in which they will apply and on a basis which, in the judgment of the Office, is consistent with the general practice of carriers which issue group health benefit plans to large employers.
• 5 U.S.C. § 8902(j)

  Go to provision →
  (j) Each contract under this chapter shall require the carrier to agree to pay for or provide a health service or supply in an individual case if the Office finds that the employee, annuitant, family member, former spouse, or person having continued coverage under section 8905a of this title is entitled thereto under the terms of the contract.
• 5 U.S.C. § 8902(l)

  Go to provision →
  (l) The Office shall contract under this chapter for a plan described in section 8903(4) of this title with any qualified health maintenance carrier which offers such a plan. For the purpose of this subsection, “qualified health maintenance carrier” means any qualified car­rier which is a qualified health maintenance organization within the meaning of section 1310(d)(1)¹ of title XIII of the Public Health Service Act (42 U.S.C. 300c–9(d))).
• 5 U.S.C. § 8902a(b)

  Go to provision →
  (b) The Office of Personnel Management shall bar the following providers of health care services or supplies from participating in the program under this chapter:

  (1) Any provider that has been convicted, under Federal or State law, of a criminal offense relating to fraud, corruption, breach of fiduciary responsibility, or other financial misconduct in connection with the delivery of a health care service or supply.

  (2) Any provider that has been convicted, under Federal or State law, of a criminal offense relating to neglect or abuse of patients in connection with the delivery of a health care service or supply.

  (3) Any provider that has been convicted, under Federal or State law, in connection with the interference with or obstruction of an investigation or prosecution of a criminal offense described in paragraph (1) or (2).

  (4) Any provider that has been convicted, under Federal or State law, of a criminal offense relating to the unlawful manufacture, distribution, prescription, or dispensing of a controlled substance.

  (5) Any provider that is currently debarred, suspended, or otherwise excluded from any procurement or nonprocurement activity (within the meaning of section 2455 of the Federal Acquisition Streamlining Act of 1994).
• 5 U.S.C. § 8902a(c)

  Go to provision →
  (c) The Office may bar the following providers of health care services from participating in the program under this chapter:

  (1) Any provider—

  (A) whose license to provide health care services or supplies has been revoked, suspended, restricted, or not renewed, by a State licensing authority for reasons relating to the provider’s professional competence, professional performance, or financial integrity; or

  (B) that surrendered such a license while a formal disciplinary proceeding was pending before such an authority, if the proceeding concerned the provider’s professional competence, professional performance, or financial integrity.

  (2) Any provider that is an entity directly or indirectly owned, or with a control interest of 5 percent or more held, by an individual who has been convicted of any offense described in subsection (b), against whom a civil monetary penalty has been assessed under subsection (d), or who has been debarred from participation under this chapter.

  (3) Any individual who directly or indirectly owns or has a control interest in a sanctioned entity and who knows or should know of the action constituting the basis for the entity’s conviction of any offense described in subsection (b), assessment with a civil monetary penalty under subsection (d), or debarment from participation under this chapter.

  (4) Any provider that the Office determines, in connection with claims presented under this chapter, has charged for health care services or supplies in an amount substantially in excess of such provider’s customary charge for such services or supplies (unless the Office finds there is good cause for such charge), or charged for health care services or supplies which are substantially in excess of the needs of the covered individual or which are of a quality that fails to meet professionally recognized standards for such services or supplies.

  (5) Any provider that the Office determines has committed acts described in subsection (d).

  Any determination under paragraph (4) relating to whether a charge for health care services or supplies is substantially in excess of the needs of the covered individual shall be made by trained reviewers based on written medical protocols developed by physicians. In the event such a determination cannot be made based on such protocols, a physician in an appropriate specialty shall be consulted.
• 5 U.S.C. § 8902a(c)(4)

  Go to provision →
  (4) Any provider that the Office determines, in connection with claims presented under this chapter, has charged for health care services or supplies in an amount substantially in excess of such provider’s customary charge for such services or supplies (unless the Office finds there is good cause for such charge), or charged for health care services or supplies which are substantially in excess of the needs of the covered individual or which are of a quality that fails to meet professionally recognized standards for such services or supplies.
• 5 U.S.C. § 8902a(c)(5)

  Go to provision →
  (5) Any provider that the Office determines has committed acts described in subsection (d).
• 5 U.S.C. § 8902a(d)

  Go to provision →
  (d) Whenever the Office determines—

  (1) in connection with claims presented under this chapter, that a provider has charged for a health care service or supply which the provider knows or should have known involves—

  (A) an item or service not provided as claimed;

  (B) charges in violation of applicable charge limitations under section 8904(b); or

  (C) an item or service furnished during a period in which the provider was debarred from participation under this chapter pursuant to a determination by the Office under this section, other than as permitted under subsection (g)(2)(B);

  (2) that a provider of health care services or supplies has knowingly made, or caused to be made, any false statement or misrepresentation of a material fact which is reflected in a claim presented under this chapter; or

  (3) that a provider of health care services or supplies has knowingly failed to provide any information required by a carrier or by the Office to determine whether a payment or reimbursement is payable under this chapter or the amount of any such payment or reimbursement;

  the Office may, in addition to any other penalties that may be prescribed by law, and after consultation with the Attorney General, impose a civil monetary penalty of not more than $10,000 for any item or service involved. In addition, such a provider shall be subject to an assessment of not more than twice the amount claimed for each such item or service. In addition, the Office may make a determination in the same proceeding to bar such provider from participating in the program under this chapter.
• 5 U.S.C. § 8902a(d)(1)(C)

  Go to provision →
  (C) an item or service furnished during a period in which the provider was debarred from participation under this chapter pursuant to a determination by the Office under this section, other than as permitted under subsection (g)(2)(B);
• 5 U.S.C. § 8902a(d)(3)

  Go to provision →
  (3) that a provider of health care services or supplies has knowingly failed to provide any information required by a carrier or by the Office to determine whether a payment or reimbursement is payable under this chapter or the amount of any such payment or reimbursement;
• 5 U.S.C. § 8902a(e)

  Go to provision →
  (e) The Office—

  (1) may not initiate any debarment proceeding against a provider, based on such provider’s having been convicted of a criminal offense, later than 6 years after the date on which such provider is so convicted; and

  (2) may not initiate any action relating to a civil penalty, assessment, or debarment under this section, in connection with any claim, later than 6 years after the date the claim is presented, as determined under regulations prescribed by the Office.
• 5 U.S.C. § 8902a(e)(2)

  Go to provision →
  (2) may not initiate any action relating to a civil penalty, assessment, or debarment under this section, in connection with any claim, later than 6 years after the date the claim is presented, as determined under regulations prescribed by the Office.
• 5 U.S.C. § 8902a(f)

  Go to provision →
  (f) In making a determination relating to the appropriateness of imposing or the period of any debarment under this section (where such debarment is not mandatory), or the appropriateness of imposing or the amount of any civil penalty or assessment under this section, the Office shall take into account—

  (1) the nature of any claims involved and the circumstances under which they were presented;

  (2) the degree of culpability, history of prior offenses or improper conduct of the provider involved; and

  (3) such other matters as justice may require.
• 5 U.S.C. § 8902a(g)(1)(A)

  Go to provision →
  (A) Except as provided in subparagraph (B), debarment of a provider under subsection (b) or (c) shall be effective at such time and upon such reasonable notice to such provider, and to carriers and covered individuals, as shall be specified in regulations prescribed by the Office. Any such provider that is debarred from participation may request a hearing in accordance with subsection (h)(1).
• 5 U.S.C. § 8902a(g)(1)(B)

  Go to provision →
  (B) Unless the Office determines that the health or safety of individuals receiving health care services warrants an earlier effective date, the Office shall not make a determination adverse to a provider under subsection (c)(5) or (d) until such provider has been given reasonable notice and an opportunity for the determination to be made after a hearing as provided in accordance with subsection (h)(1).
• 5 U.S.C. § 8902a(g)(2)(B)

  Go to provision →
  (B) A debarment shall not apply with respect to inpatient institutional services furnished to an individual who was admitted to the institution before the date the debarment would otherwise become effective until the passage of 30 days after such date, unless the Office determines that the health or safety of the individual receiving those services warrants that a shorter period, or that no such period, be afforded.
• 5 U.S.C. § 8902a(g)(4)(A)

  Go to provision →
  (A) A provider barred from participating in the program under this chapter may, after the expiration of the minimum period of debarment referred to in paragraph (3), apply to the Office, in such manner as the Office may by regulation prescribe, for termination of the debarment.
• 5 U.S.C. § 8902a(g)(4)(B)

  Go to provision →
  (B) The Office may—

  (i) terminate the debarment of a provider, pursuant to an application filed by such provider after the end of the minimum debarment period, if the Office determines, based on the conduct of the applicant, that—

  (I) there is no basis under subsection (b), (c), or (d) for continuing the debarment; and

  (II) there are reasonable assurances that the types of actions which formed the basis for the original debarment have not recurred and will not recur; or

  (ii) notwithstanding any provision of subparagraph (A), terminate the debarment of a provider, pursuant to an application filed by such provider before the end of the minimum debarment period, if the Office determines that—

  (I) based on the conduct of the applicant, the requirements of subclauses (I) and (II) of clause (i) have been met; and

  (II) early termination under this clause is warranted based on the fact that the provider is the sole community provider or the sole source of essential specialized services in a community, or other similar circumstances.
• 5 U.S.C. § 8902a(g)(4)(B)(i)

  Go to provision →
  (i) terminate the debarment of a provider, pursuant to an application filed by such provider after the end of the minimum debarment period, if the Office determines, based on the conduct of the applicant, that—

  (I) there is no basis under subsection (b), (c), or (d) for continuing the debarment; and

  (II) there are reasonable assurances that the types of actions which formed the basis for the original debarment have not recurred and will not recur; or
• 5 U.S.C. § 8902a(g)(4)(B)(ii)

  Go to provision →
  (ii) notwithstanding any provision of subparagraph (A), terminate the debarment of a provider, pursuant to an application filed by such provider before the end of the minimum debarment period, if the Office determines that—

  (I) based on the conduct of the applicant, the requirements of subclauses (I) and (II) of clause (i) have been met; and

  (II) early termination under this clause is warranted based on the fact that the provider is the sole community provider or the sole source of essential specialized services in a community, or other similar circumstances.
• 5 U.S.C. § 8902a(g)(5)

  Go to provision →
  (5) The Office shall—

  (A) promptly notify the appropriate State or local agency or authority having responsibility for the licensing or certification of a provider barred from participation in the program under this chapter of the fact of the debarment, as well as the reasons for such debarment;

  (B) request that appropriate investigations be made and sanctions invoked in accordance with applicable law and policy; and

  (C) request that the State or local agency or authority keep the Office fully and currently informed with respect to any actions taken in response to the request.
• 5 U.S.C. § 8902a(g)(5)(C)

  Go to provision →
  (C) request that the State or local agency or authority keep the Office fully and currently informed with respect to any actions taken in response to the request.
• 5 U.S.C. § 8902a(h)(1)

  Go to provision →
  (1) Any provider of health care services or supplies that is the subject of an adverse determination by the Office under this section shall be entitled to reasonable notice and an opportunity to request a hearing of record, and to judicial review as provided in this subsection after the Office renders a final decision. The Office shall grant a request for a hearing upon a showing that due process rights have not previously been afforded with respect to any finding of fact which is relied upon as a cause for an adverse determination under this section. Such hearing shall be conducted without regard to subchapter II of chapter 5 and chapter 7 of this title by a hearing officer who shall be designated by the Director of the Office and who shall not otherwise have been involved in the adverse determination being appealed. A request for a hearing under this subsection shall be filed within such period and in accordance with such procedures as the Office shall prescribe by regulation.
• 5 U.S.C. § 8902a(h)(2)

  Go to provision →
  (2) Any provider adversely affected by a final decision under paragraph (1) made after a hearing to which such provider was a party may seek review of such decision in the United States District Court for the District of Columbia or for the district in which the plaintiff resides or has his or her principal place of business by filing a notice of appeal in such court within 60 days after the date the decision is issued, and by simultaneously sending copies of such notice by certified mail to the Director of the Office and to the Attorney General. In answer to the appeal, the Director of the Office shall promptly file in such court a certified copy of the transcript of the record, if the Office conducted a hearing, and other evidence upon which the findings and decision complained of are based. The court shall have power to enter, upon the pleadings and evidence of record, a judgment affirming, modifying, or setting aside, in whole or in part, the decision of the Office, with or without remanding the case for a rehearing. The district court shall not set aside or remand the decision of the Office unless there is not substantial evidence on the record, taken as whole, to support the findings by the Office of a cause for action under this section or unless action taken by the Office constitutes an abuse of discretion.
• 5 U.S.C. § 8902a(i)

  Go to provision →
  (i) A civil action to recover civil monetary penalties or assessments under subsection (d) shall be brought by the Attorney General in the name of the United States, and may be brought in the United States district court for the district where the claim involved was presented or where the person subject to the penalty resides. Amounts recovered under this section shall be paid to the Office for deposit into the Employees Health Benefits Fund. The amount of a penalty or assessment as finally determined by the Office, or other amount the Office may agree to in compromise, may be deducted from any sum then or later owing by the United States to the party against whom the penalty or assessment has been levied.
• 5 U.S.C. § 8902a(j)

  Go to provision →
  (j) The Office shall prescribe regulations under which, with respect to services or supplies furnished by a debarred provider to a covered individual during the period of such provider’s debarment, payment or reimbursement under this chapter may be made, notwithstanding the fact of such debarment, if such individual did not know or could not reasonably be expected to have known of the debarment. In any such instance, the carrier involved shall take appropriate measures to ensure that the individual is informed of the debarment and the minimum period of time remaining under the terms of the debarment.
• 5 U.S.C. § 8903

  Go to provision →
  The Office of Personnel Management may contract for or approve the following health benefits plans:
• 5 U.S.C. § 8903(4)(B)

  Go to provision →
  (B) Individual-practice prepayment plans which offer health services in whole or substantial part on a prepaid basis, with professional services thereunder provided by individual physicians who agree, under certain conditions approved by the Office, to accept the payments provided by the plans as full payment for covered services given by them including, in addition to in-hospital services, general care given in their offices and the patients’ homes, out-of-hospital diagnostic procedures, and preventive care, and which plans are offered by organizations which have successfully operated similar plans before approval by the Office of the plan in which employees may enroll.
• 5 U.S.C. § 8903a(a)

  Go to provision →
  (a) In addition to any plan under section 8903 of this title, the Office of Personnel Management may contract for or approve one or more health benefits plans under this section.
• 5 U.S.C. § 8903a(c)(1)

  Go to provision →
  (1) to enter into an agreement approved by the Office with an underwriting subcontractor licensed to issue group health insurance in all the States and the District of Columbia; or
• 5 U.S.C. § 8903a(c)(2)

  Go to provision →
  (2) to demonstrate ability to meet reasonable minimum financial standards prescribed by the Office.
• 5 U.S.C. § 8903a(d)

  Go to provision →
  (d) For the purpose of this section, an individual shall be considered a full member of an organization if such individual is eligible to exercise all rights and privileges incident to full membership in such organization (determined without regard to the right to hold elected office).
• 5 U.S.C. § 8903c(a)(3)

  Go to provision →
  (3) the term “initial participating carrier” means a carrier that enters into a contract with the Office to participate in the Program during the initial contract year;
• 5 U.S.C. § 8903c(a)(6)

  Go to provision →
  (6) the term “Office” means the Office of Personnel Management;
• 5 U.S.C. § 8903c(b)(2)

  Go to provision →
  (2) supersede any other provision of this chapter inconsistent with such requirements, as determined by the Office.
• 5 U.S.C. § 8903c(c)(1)(A)

  Go to provision →
  (A) The Office shall establish the Postal Service Health Benefits Program within the Federal Employees Health Benefits Program under this chapter, under which the Office may contract with carriers to offer health benefits plans as described under this section.
• 5 U.S.C. § 8903c(c)(1)(C)(i)(I)

  Go to provision →
  (I) with respect to each plan provided by a carrier under this subchapter in which the total enrollment includes, in the contract year beginning in January 2023, 1,500 or more enrollees who are Postal Service employees or Postal Service annuitants, include a plan offered by that carrier with equivalent benefits and cost-sharing requirements as provided under paragraph (2), except that the Director of the Office may exempt any comprehensive medical plan from this requirement; and
• 5 U.S.C. § 8903c(c)(1)(C)(i)(II)

  Go to provision →
  (II) include plans offered by any other carrier determined appropriate by the Office;
• 5 U.S.C. § 8903c(c)(2)

  Go to provision →
  (2) In the initial contract year, the Office shall ensure that each carrier participating in the Program provides under the Program plans offered by the carrier benefits and cost-sharing requirements that are equivalent to the benefits and cost-sharing requirements under the health benefits plans offered by the carrier under this chapter that are not Program plans, except that prescription drug benefits and cost-sharing requirements may differ between the Program plans and other health benefits plans offered by the carrier under this chapter to the extent needed to integrate the Medicare part D prescription drug benefits coverage required under subsection (h)(2).
• 5 U.S.C. § 8903c(c)(4)

  Go to provision →
  (4) In accordance with rules established by the Office, section 8905a shall apply to health benefits plans offered under this section in the same manner as such section applies to other health benefits plans offered under this chapter.
• 5 U.S.C. § 8903c(e)(3)(B)

  Go to provision →
  (B) Not later than 1 year after the date of enactment of this section, the Office shall, in consultation with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, and the Postmaster General, promulgate any regulations necessary to implement clauses (iv) and (v) of subparagraph (A).
• 5 U.S.C. § 8903c(e)(3)(C)

  Go to provision →
  (C) The Postal Service shall provide a list of individuals who satisfy the exception under subparagraph (A)(iii) to the Office.
• 5 U.S.C. § 8903c(e)(4)

  Go to provision →
  (4) The Postal Service and the Office, in consultation with the Social Security Administration and the Centers for Medicare & Medicaid Services, shall establish a process that will enable the Postal Service to timely inform Postal Service employees, Postal Service annuitants, and members of family of such employees and annuitants of the requirements described in paragraphs (1) and (2) in order to be eligible to enroll in Program plans under this section.
• 5 U.S.C. § 8903c(f)(2)(A)

  Go to provision →
  (A) Subject to subparagraphs (B) and (C), in the case of an individual who is a Postal Service employee or Postal Service annuitant eligible to enroll in a Program plan under subsection (d), who is enrolled in a current plan, and who does not enroll in a Program plan during the open season that immediately precedes the initial contract year, the Office shall automatically enroll the individual, as of the start of the initial contract year, in a Program plan offered by the carrier of the individual’s current plan.
• 5 U.S.C. § 8903c(f)(2)(B)

  Go to provision →
  (B) If the carrier of the current plan of an individual described in subparagraph (A) offers more than 1 Program plan or option, the Office, in carrying out subparagraph (A), shall automatically enroll the individual in the plan and option that provide coverage with equivalent benefits and cost sharing, as described in subsection (c)(2), to the individual’s current plan and current option.
• 5 U.S.C. § 8903c(f)(2)(C)

  Go to provision →
  (C) If the carrier of the current plan of an individual described in subparagraph (A) does not offer a Program plan, the Office, in carrying out subparagraph (A), shall automatically enroll the individual in the lowest-cost nationwide plan option within the Program that is not a high deductible health plan and does not charge an association or membership fee.
• 5 U.S.C. § 8903c(g)(1)

  Go to provision →
  (1) Not later than 1 year after the date of enactment of this section, the Director of the Office shall issue regulations to carry out this section.
• 5 U.S.C. § 8903c(g)(2)

  Go to provision →
  (2) In issuing regulations under paragraph (1), the Director of the Office shall consult, as necessary, with the Secretary of Health and Human Services, the Secretary of Veterans Affairs, the Commissioner of Social Security, and the Postmaster General.
• 5 U.S.C. § 8903c(h)(1)

  Go to provision →
  (1) The Office shall require each Program plan to provide benefits for covered Medicare individuals pursuant to a coordination of benefits method approved by the Office.
• 5 U.S.C. § 8903c(h)(2)

  Go to provision →
  (2) The Office shall require each Program plan to provide prescription drug benefits to any Postal Service annuitant and member of family of such annuitant who is a part D eligible individual (as defined in section 1860D–1(a)(3)(A) of the Social Security Act) through employment-based retiree health coverage (as defined in section 1860D–22(c)(1) of such Act) through—

  (A) a prescription drug plan (as defined in section 1860D–41(a)(14) of such Act); or

  (B) contracts between such a Program plan and PDP sponsor, as defined in section 1860D–41(a)(13) of such Act, of such a prescription drug plan.
• 5 U.S.C. § 8903c(i)(2)

  Go to provision →
  (2) Not later than October 1 of each year (beginning with 2024), the Office shall determine the weighted average of the rates established pursuant to subsection (c)(2) for Program plans that will be in effect during the following contract year with respect to—

  (A) enrollments for self only;

  (B) enrollments for self plus one; and

  (C) enrollments for self and family.
• 5 U.S.C. § 8903c(i)(3)

  Go to provision →
  (3) In determining such weighted average of the rates for the initial contract year, the Office shall take into account (for purposes of section 8906(a)(2)) the enrollment of Postal Service employees and annuitants in the health benefits plans offered by the initial participating carriers as of March 31, 2023.
• 5 U.S.C. § 8903c(i)(4)

  Go to provision →
  (4) The Postal Service may direct the Office to pay the amounts required by an agreement between the United States Postal Service and the Secretary of the Department of Health and Human Services under section 1839(e)(1) of the Social Security Act (42 U.S.C. 1395r(e)(1)) from the Postal Service Retiree Health Benefits Fund established under section 8909a until depleted and thereafter shall pay such amounts from the Postal Service Fund established under section 2003 of title 39.
• 5 U.S.C. § 8903c(j)(1)(A)

  Go to provision →
  (A) The Office shall ensure that each Program plan maintains separate reserves (including a separate contingency reserve) with respect to the enrollees in the Program plan in accordance with section 8909.
• 5 U.S.C. § 8903c(j)(2)

  Go to provision →
  (2) In applying section 8909(e) relating to a Program plan that is discontinued, the Office shall credit the separate Postal Service contingency reserve maintained under paragraph (1) for that plan only to the separate Postal Service contingency reserves of the Program plans continuing under this chapter.
• 5 U.S.C. § 8903c(l)(3)(C)

  Go to provision →
  (C) respond and provide answers to any inquiry from such employees and annuitants about the Postal Service Health Benefits Program, in consultation with the Office as necessary;
• 5 U.S.C. § 8903c(l)(4)(A)

  Go to provision →
  (A) The Office shall timely provide the Postal Service with such information as necessary to conduct the Health Benefits Education Program.
• 5 U.S.C. § 8903c(l)(4)(B)

  Go to provision →
  (B) The Postal Service shall coordinate with the Office, in consultation with the Centers for Medicare & Medicaid Services and the Social Security Administration, to obtain and confirm the accuracy of information as the Postal Service determines to be necessary to conduct the Health Benefits Education Program.
• 5 U.S.C. § 8903c(l)(5)(C)

  Go to provision →
  (C) The Postal Service, in consultation as necessary with the Office and the Centers for Medicare & Medicaid Services, shall develop standards to ensure that information made available by navigators under this paragraph is fair, accurate, and impartial.
• 5 U.S.C. § 8903c(l)(6)(B)(iii)

  Go to provision →
  (iii) a process, developed in consultation with the Social Security Administration, the Centers for Medicare & Medicaid Services, and the Office, for addressing any inquiry from Postal Service annuitants and Postal Service employees about the Program or Medicare enrollment.
• 5 U.S.C. § 8904(b)(1)(A)

  Go to provision →
  (A) A plan, other than a prepayment plan described in section 8903(4) of this title, may not provide benefits, in the case of any retired enrolled individual who is age 65 or older and is not covered to receive Medicare hospital and insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.), to pay a charge imposed by any health care provider, for inpatient hospital services which are covered for purposes of benefit payments under this chapter and part A of title XVIII of the Social Security Act, to the extent that such charge exceeds applicable limitations on hospital charges established for Medicare purposes under section 1886 of the Social Security Act (42 U.S.C. 1395ww). Hospital providers who have in force participation agreements with the Secretary of Health and Human Services consistent with sections 1814(a) and 1866 of the Social Security Act (42 U.S.C. 1395f(a) and 1395cc), whereby the participating provider accepts Medicare benefits as full payment for covered items and services after applicable patient copayments under section 1813 of such Act (42 U.S.C. 1395e) have been satisfied, shall accept equivalent benefit payments and enrollee copayments under this chapter as full payment for services described in the preceding sentence. The Office of Personnel Management shall notify the Secretary of Health and Human Services if a hospital is found to knowingly and willfully violate this subsection on a repeated basis and the Secretary may invoke appropriate sanctions in accordance with section 1866(b)(2) of the Social Security Act (42 U.S.C. 1395cc(b)(2)) and applicable regulations.
• 5 U.S.C. § 8904(b)(1)(B)(ii)

  Go to provision →
  (ii) Physicians and suppliers who have in force participation agreements with the Secretary of Health and Human Services consistent with section 1842(h)(1) of such Act (42 U.S.C. 1395u(h)(1)), whereby the participating provider accepts Medicare benefits (including allowable deductible and coinsurance amounts) as full payment for covered items and services shall accept equivalent benefit and enrollee cost-sharing under this chapter as full payment for services described in clause (i). Physicians and suppliers who are nonparticipating physicians and suppliers for purposes of part B of title XVIII of such Act shall not impose charges that exceed the limiting charge under section 1848(g) of such Act (42 U.S.C. 1395w–4(g)) with respect to services described in clause (i) provided to enrollees described in such clause. The Office of Personnel Management shall notify a physician or supplier who is found to have violated this clause and inform them of the requirements of this clause and sanctions for such a violation. The Office of Personnel Management shall notify the Secretary of Health and Human Services if a physician or supplier is found to knowingly and willfully violate this clause on a repeated basis and the Secretary of Health and Human Services may invoke appropriate sanctions in accordance with sections 1128A(a) and 1848(g)(1) of such Act (42 U.S.C. 1320a–7a(a), 1395w–4(g)(1)) and applicable regulations.
• 5 U.S.C. § 8904(b)(1)(C)

  Go to provision →
  (C) If the Secretary of Health and Human Services determines that a violation of this subsection warrants excluding a provider from participation for a specified period under title XVIII of the Social Security Act, the Office shall enforce a corresponding exclusion of such provider for purposes of this chapter.
• 5 U.S.C. § 8904(b)(2)

  Go to provision →
  (2) Notwithstanding any other provision of law, the Secretary of Health and Human Services and the Director of the Office of Personnel Management, and their agents, shall exchange any information necessary to implement this subsection.
• 5 U.S.C. § 8904(b)(3)(A)

  Go to provision →
  (A) Not later than December 1, 1991, and periodically thereafter, the Secretary of Health and Human Services (in consultation with the Director of the Office of Personnel Management) shall supply to carriers of plans described in paragraphs (1) through (3) of section 8903 the Medicare program information necessary for them to comply with paragraph (1).
• 5 U.S.C. § 8904(b)(4)

  Go to provision →
  (4) The Director of the Office of Personnel Management shall enter into an arrangement with the Secretary of Health and Human Services, to be effective before the first day of the fifth month that begins before each contract year, under which—

  (A) physicians and suppliers (whether or not participating) under the Medicare program will be notified of the requirements of paragraph (1)(B);

  (B) enforcement procedures will be in place to carry out such paragraph (including enforcement of protections against overcharging of beneficiaries); and

  (C) Medicare program information described in paragraph (3)(B)(ii) will be supplied to carriers under paragraph (3)(A).
• 5 U.S.C. § 8905(b)

  Go to provision →
  (b) An annuitant who at the time he becomes an annuitant was enrolled in a health benefits plan under this chapter—

  (1) as an employee for a period of not less than—

  (A) the 5 years of service immediately before retirement;

  (B) the full period or periods of service between the last day of the first period, as prescribed by regulations of the Office of Personnel Management, in which he is eligible to enroll in the plan and the date on which he becomes an annuitant; or

  (C) the full period or periods of service beginning with the enrollment which became effective before January 1, 1965, and ending with the date on which he becomes an annuitant;

  whichever is shortest; or

  (2) as a member of the family of an employee or annuitant;

  may continue his enrollment under the conditions of eligibility prescribed by regulations of the Office. The Office may, in its sole discretion, waive the requirements of this subsection in the case of an individual who fails to satisfy such requirements if the Office determines that, due to exceptional circumstances, it would be against equity and good conscience not to allow such individual to be enrolled as an annuitant in a health benefits plan under this chapter¹
• 5 U.S.C. § 8905(b)(1)(B)

  Go to provision →
  (B) the full period or periods of service between the last day of the first period, as prescribed by regulations of the Office of Personnel Management, in which he is eligible to enroll in the plan and the date on which he becomes an annuitant; or
• 5 U.S.C. § 8905(c)(1)

  Go to provision →
  (1) A former spouse may—

  (A) within 60 days after the dissolution of the marriage, or

  (B) in the case of a former spouse of a former employee whose marriage was dissolved after the employee’s retirement, within 60 days after the dissolution of the marriage or, if later, within 60 days after an election is made under section 8339(j)(3) or 8417(b) of this title for such former spouse by the retired employee,

  enroll in an approved health benefits plan described by section 8903 or 8903a of this title as an individual or for² for self plus one or self and family as provided in paragraph (2) of this subsection, subject to agreement to pay the full subscription charge of the enrollment, including the amounts determined by the Office to be necessary for administration and reserves pursuant to section 8909(b) of this title. The former spouse shall submit an enrollment application and make premium payments to the agency which, at the time of divorce or annulment, employed the employee to whom the former spouse was married or, in the case of a former spouse who is receiving annuity payments under section 8341(h), 8345(j), 8445, or 8467 of this title, to the Office of Personnel Management.
• 5 U.S.C. § 8905(d)

  Go to provision →
  (d) An individual whom the Secretary of Defense determines is an eligible beneficiary under subsection (b) of section 1108 of title 10 may enroll, as part of the demonstration project under such section, in a health benefits plan under this chapter in accordance with the agreement under subsection (a) of such section between the Secretary and the Office and applicable regulations under this chapter.
• 5 U.S.C. § 8905(f)

  Go to provision →
  (f) An employee, annuitant, former spouse, or person having continued coverage under section 8905a of this title enrolled in a health benefits plan under this chapter may change his coverage or that of himself and members of his family by an application filed within 60 days after a change in family status or at other times and under conditions prescribed by regulations of the Office.
• 5 U.S.C. § 8905(g)(1)

  Go to provision →
  (1) Under regulations prescribed by the Office, the Office shall, before the start of any contract term in which—

  (A) an adjustment is made in any of the rates charged or benefits provided under a health benefits plan described by section 8903 or 8903a of this title,

  (B) a newly approved health benefits plan is offered, or

  (C) an existing plan is terminated,

  provide a period of not less than 3 weeks during which any employee, annuitant, former spouse, or person having continued coverage under section 8905a of this title enrolled in a health benefits plan described by such section shall be permitted to transfer that individual’s enrollment to another such plan or to cancel such enrollment.
• 5 U.S.C. § 8905(g)(2)

  Go to provision →
  (2) In addition to any opportunity afforded under paragraph (1) of this subsection, an employee, annuitant, former spouse, or person having continued coverage under section 8905a of this title enrolled in a health benefits plan under this chapter shall be permitted to transfer that individual’s enrollment to another such plan, or to cancel such enrollment, at such other times and subject to such conditions as the Office may prescribe in regulations.
• 5 U.S.C. § 8905a(b)(1)(A)

  Go to provision →
  (A) is separated from service, whether voluntarily or involuntarily, except that if the separation is involuntary, this section shall not apply if the separation is for gross misconduct (as defined under regulations which the Office of Personnel Management shall prescribe); and
• 5 U.S.C. § 8905a(c)(1)

  Go to provision →
  (1) The Office shall prescribe regulations and provide for the inclusion of appropriate terms in contracts with carriers to provide that—

  (A) with respect to an employee who becomes (or will become) eligible for continued coverage under this section as a result of separation from service, the separating agency shall, before the end of the 30-day period beginning on the date as of which coverage (including any temporary extensions of coverage) would otherwise end, notify the individual of such individual’s rights under this section; and

  (B) with respect to a child of an employee or annuitant who becomes eligible for continued coverage under this section as a result of ceasing to meet the requirements for being considered a member of the employee’s or annuitant’s family—

  (i) the employee or annuitant may provide written notice of the child’s change in status (complete with the child’s name, address, and such other information as the Office may by regulation require)—

  (I) to the employee’s employing agency; or

  (II) in the case of an annuitant, to the Office; and

  (ii) if the notice referred to in clause (i) is received within 60 days after the date as of which the child involved first ceases to meet the requirements involved, the employing agency or the Office (as the case may be) must, within 14 days after receiving such notice, notify the child of such child’s rights under this section.
• 5 U.S.C. § 8905a(c)(1)(B)(i)

  Go to provision →
  (i) the employee or annuitant may provide written notice of the child’s change in status (complete with the child’s name, address, and such other information as the Office may by regulation require)—

  (I) to the employee’s employing agency; or

  (II) in the case of an annuitant, to the Office; and
• 5 U.S.C. § 8905a(c)(1)(B)(i)(II)

  Go to provision →
  (II) in the case of an annuitant, to the Office; and
• 5 U.S.C. § 8905a(c)(1)(B)(ii)

  Go to provision →
  (ii) if the notice referred to in clause (i) is received within 60 days after the date as of which the child involved first ceases to meet the requirements involved, the employing agency or the Office (as the case may be) must, within 14 days after receiving such notice, notify the child of such child’s rights under this section.
• 5 U.S.C. § 8905a(c)(2)

  Go to provision →
  (2) In order to obtain continued coverage under this section, an appropriate written election (submitted in such manner as the Office by regulation prescribes) must be made—

  (A) in the case of an individual seeking continued coverage based on a separation from service, before the end of the 60-day period beginning on the later of—

  (i) the effective date of the separation; or

  (ii) the date the separated individual receives the notice required under paragraph (1)(A); or

  (B) in the case of an individual seeking continued coverage based on a change in circumstances making such individual ineligible for coverage as an unmarried dependent child, before the end of the 60-day period beginning on the later of—

  (i) the date as of which such individual first ceases to meet the requirements for being considered an unmarried dependent child; or

  (ii) the date such individual receives notice under paragraph (1)(B)(ii);

  except that if a parent fails to provide the notice required under paragraph (1)(B)(i) in timely fashion, the 60-day period under this subparagraph shall be based on the date under clause (i), irrespective of whether or not any notice under paragraph (1)(B)(ii) is provided.
• 5 U.S.C. § 8905a(d)(1)(A)

  Go to provision →
  (A) Except as provided in paragraphs (4), (5), and (6), an individual receiving continued coverage under this section shall be required to pay currently into the Employees Health Benefits Fund, under arrangements satisfactory to the Office, an amount equal to the sum of—

  (i) the employee and agency contributions which would be required in the case of an employee enrolled in the same health benefits plan and level of benefits; and

  (ii) an amount, determined under regulations prescribed by the Office, necessary for administrative expenses, but not to exceed 2 percent of the total amount under clause (i).
• 5 U.S.C. § 8905a(d)(1)(A)(ii)

  Go to provision →
  (ii) an amount, determined under regulations prescribed by the Office, necessary for administrative expenses, but not to exceed 2 percent of the total amount under clause (i).
• 5 U.S.C. § 8905a(d)(1)(B)(ii)(I)

  Go to provision →
  (I) the Office, if, at the time coverage would (but for this section) otherwise have been discontinued, the individual was covered as the child of an annuitant; or
• 5 U.S.C. § 8905a(f)(1)

  Go to provision →
  (1) The Office shall prescribe regulations under which, in addition to any individual otherwise eligible for continued coverage under this section, and to the extent practicable, continued coverage may also, upon appropriate written application, be afforded under this section—

  (A) to any individual who—

  (i) if subparagraphs (A) and (C) of paragraph (10) of section 8901 were disregarded, would be eligible to be considered a former spouse within the meaning of such paragraph; but

  (ii) would not, but for this subsection, be eligible to be so considered; and

  (B) to any individual whose coverage as a family member would otherwise terminate as a result of a legal separation.
• 5 U.S.C. § 8905a(f)(2)(B)

  Go to provision →
  (B) terms and conditions identical to those under subsection (d), except that contributions to the Employees Health Benefits Fund shall be made through such agency as the Office by regulation prescribes;
• 5 U.S.C. § 8906(a)(1)

  Go to provision →
  (1) Not later than October 1 of each year, the Office of Personnel Management shall determine the weighted average of the subscription charges that will be in effect during the following contract year with respect to—

  (A) enrollments under this chapter for self alone;

  (B) enrollments under this chapter for self plus one; and

  (C) enrollments under this chapter for self and family.
• 5 U.S.C. § 8906(b)(3)

  Go to provision →
  (3) In the case of an employee who is occupying a position on a part-time career employment basis (as defined in section 3401(2) of this title), the biweekly Government contribution shall be equal to the percentage which bears the same ratio to the percentage determined under this subsection (without regard to this paragraph) as the average number of hours of such employee’s regularly scheduled workweek bears to the average number of hours in the regularly scheduled workweek of an employee serving in a comparable position on a full-time career basis (as determined under regulations prescribed by the Office).
• 5 U.S.C. § 8906(e)(1)(A)

  Go to provision →
  (A) An employee enrolled in a health benefits plan under this chapter who is placed in a leave without pay status may have his coverage and the coverage of members of his family continued under the plan for not to exceed 1 year under regulations prescribed by the Office.
• 5 U.S.C. § 8906(f)(2)

  Go to provision →
  (2) in the case of an elected official, from an appropriation or fund available for payment of other salaries of the same office or establishment;
• 5 U.S.C. § 8906(g)(2)(B)

  Go to provision →
  (B) In determining any amount for which the Postal Service is liable under this paragraph, the amount of the liability shall be prorated to reflect only that portion of total service which is attributable to civilian service performed (by the former postal employee or by the deceased individual referred to in subparagraph (A), as the case may be) after June 30, 1971, as estimated by the Office of Personnel Management.
• 5 U.S.C. § 8906(h)

  Go to provision →
  (h) The Office shall provide for conversion of biweekly rates of contribution specified by this section to rates for employees and annuitants paid on other than a biweekly basis, and for this purpose may provide for the adjustment of the converted rate to the nearest cent.
• 5 U.S.C. § 8906(i)

  Go to provision →
  (i) An annuitant whose annuity is insufficient to cover the withholdings required for enrollment in a particular health benefits plan may enroll (or remain enrolled) in such plan, notwithstanding any other provision of this section, if the annuitant elects, under conditions prescribed by regulations of the Office, to pay currently into the Employees Health Benefits Fund, through the retirement system that administers the annuitant’s health benefits enrollment, an amount equal to the withholdings that would otherwise be required under this section.
• 5 U.S.C. § 8906a(a)(1)

  Go to provision →
  (1) The Office of Personnel Management shall prescribe regulations to provide for offering health benefits plans to temporary employees (who meet the requirements of paragraph (2)) under the provisions of this chapter.
• 5 U.S.C. § 8906a(b)(1)

  Go to provision →
  (1) any temporary employee enrolled in a health benefits plan under this section shall have an amount withheld from the pay of such employee, as determined by the Office of Personnel Management, equal to—

  (A) the amount withheld from the pay of an employee under the provisions of section 8906; and

  (B) the amount of the Government contribution for an employee under section 8906; and
• 5 U.S.C. § 8907(a)

  Go to provision →
  (a) The Office of Personnel Management shall make available to each individual eligible to enroll in a health benefits plan under this chapter such information, in a form acceptable to the Office after consultation with the carrier, as may be necessary to enable the individual to exercise an informed choice among the types of plans described by sections 8903 and 8903a of this title.
• 5 U.S.C. § 8908(b)

  Go to provision →
  (b) A surviving spouse whose survivor annuity under this title was terminated because of remarriage and is later restored may, under such regulations as the Office of Personnel Management may prescribe, enroll in a health benefits plan described by section 8903 or 8903a of this title if such spouse was covered by any such plan immediately before such annuity was terminated.
• 5 U.S.C. § 8908(c)

  Go to provision →
  (c) A disability annuitant whose disability annuity under section 8337 of this title was terminated and is later restored under the second or third sentence of subsection (e) of such section may, under regulations prescribed by the Office, enroll in a health benefits plan described by section 8903 or 8903a of this title if such annuitant was covered by any such plan immediately before such annuity was termi­nated.
• 5 U.S.C. § 8908(d)

  Go to provision →
  (d) A surviving child whose survivor annuity under section 8341(e) or 8443(b) was terminated and is later restored under paragraph (4) of section 8341(e) or the last sentence of section 8443(b) may, under regulations prescribed by the Office, enroll in a health benefits plan described by section 8903 or 8903a if such surviving child was covered by any such plan immediately before such annuity was terminated.
• 5 U.S.C. § 8909(a)

  Go to provision →
  (a) There is in the Treasury of the United States an Employees Health Benefits Fund which is administered by the Office of Personnel Management. The contributions of enrollees and the Government described by section 8906 of this title shall be paid into the Fund. The Fund is available—

  (1) without fiscal year limitation for all payments to approved health benefits plans; and

  (2) to pay expenses for administering this chapter within the limitations that may be specified annually by Congress, except that the amounts required to be set aside under subsection (b)(2) shall not be subject to the limitations that may be specified annually by Congress.

  Payments from the Fund to a plan participating in a letter-of-credit arrangement under this chapter shall, in connection with any payment or reimbursement to be made by such plan for a health service or supply, be made, to the maximum extent practicable, on a checks-presented basis (as defined under regulations of the Department of the Treasury).
• 5 U.S.C. § 8909(b)

  Go to provision →
  (b) Portions of the contributions made by enrollees and the Government shall be regularly set aside in the Fund as follows:

  (1) A percentage, not to exceed 1 percent of all contributions, determined by the Office to be reasonably adequate to pay the administrative expenses made available by subsection (a) of this section.

  (2) In fiscal year 2026, $66,000,000, to be derived from all contributions, and to remain available until the end of fiscal year 2035, for the Director of the Office to carry out subsections (c) through (f) of the FEHB Protection Act of 2025.

  (3) For each health benefits plan, a percentage, not to exceed 3 percent of the contributions toward the plan, determined by the Office to be reasonably adequate to provide a contingency reserve.

  The Office, from time to time and in amounts it considers appropriate, may transfer unused funds for administrative expenses to the contingency reserves of the plans then under contract with the Office. When funds are so transferred, each contingency reserve shall be credited in proportion to the total amount of the subscription charges paid and accrued to the plan for the contract term immediately before the contract term in which the transfer is made. The income derived from dividends, rate adjustments, or other refunds made by a plan shall be credited to its contingency reserve. The contingency reserves may be used to defray increases in future rates, or may be applied to reduce the contributions of enrollees and the Government to, or to increase the benefits provided by, the plan from which the reserves are derived, as the Office from time to time shall determine.
• 5 U.S.C. § 8909(b)(1)

  Go to provision →
  (1) A percentage, not to exceed 1 percent of all contributions, determined by the Office to be reasonably adequate to pay the administrative expenses made available by subsection (a) of this section.
• 5 U.S.C. § 8909(b)(2)

  Go to provision →
  (2) In fiscal year 2026, $66,000,000, to be derived from all contributions, and to remain available until the end of fiscal year 2035, for the Director of the Office to carry out subsections (c) through (f) of the FEHB Protection Act of 2025.
• 5 U.S.C. § 8909(b)(3)

  Go to provision →
  (3) For each health benefits plan, a percentage, not to exceed 3 percent of the contributions toward the plan, determined by the Office to be reasonably adequate to provide a contingency reserve.
• 5 U.S.C. § 8909(e)(3)

  Go to provision →
  (3) The Office shall prescribe regulations in accordance with which this subsection shall be applied in the case of any plan which is discontinued before being credited with the full amount to which it would otherwise be entitled based on the discontinuation of any other plan.
• 5 U.S.C. § 8909(g)

  Go to provision →
  (g) The fund described in subsection (a) is available to pay costs that the Office incurs for activities associated with implementation of the demonstration project under section 1108 of title 10.
• 5 U.S.C. § 8909a(a)

  Go to provision →
  (a) There is in the Treasury of the United States a Postal Service Retiree Health Benefits Fund which is administered by the Office of Personnel Management.
• 5 U.S.C. § 8909a(d)(1)

  Go to provision →
  (1) Not later than June 30, 2026, and by June 30 of each succeeding year, the Office shall compute, for the most recently concluded fiscal year, the amount (if any) that Government contributions required to be paid from the Fund under section 8906(g)(2)(A) exceeded the estimated net claims costs under the enrollment of the individuals described in section 8906(g)(2)(A).
• 5 U.S.C. § 8909a(d)(2)

  Go to provision →
  (2) Not later than September 30 of each year in which the Office makes a computation under paragraph (1), the United States Postal Service shall pay into the Fund the amount (if any) of the excess computed under such paragraph.
• 5 U.S.C. § 8909a(e)(3)

  Go to provision →
  (3) any other methods and assumptions, including a health care cost trend rate, that the Director of the Office determines to be appropriate.
• 5 U.S.C. § 8909a(f)

  Go to provision →
  (f) After consultation with the United States Postal Service, the Office shall promulgate any regulations the Office determines necessary under this subsection.
• 5 U.S.C. § 8909a(g)(1)(B)

  Go to provision →
  (B) an amount of indirect expenses reasonably allocable to the provision, payment, or reimbursement described in subparagraph (A), as determined by the Office; and
• 5 U.S.C. § 8910(a)

  Go to provision →
  (a) The Office of Personnel Management shall make a continuing study of the operation and administration of this chapter, including surveys and reports on health benefits plans available to employees and on the experience of the plans.
• 5 U.S.C. § 8910(b)(1)

  Go to provision →
  (1) furnish such reasonable reports as the Office determines to be necessary to enable it to carry out its functions under this chapter; and
• 5 U.S.C. § 8910(b)(2)

  Go to provision →
  (2) permit the Office and representatives of the Government Accountability Office to examine records of the carriers as may be necessary to carry out the purposes of this chapter.
• 5 U.S.C. § 8910(c)

  Go to provision →
  (c) Each Government agency shall keep such records, make such certifications, and furnish the Office with such information and reports as may be necessary to enable the Office to carry out its functions under this chapter.
• 5 U.S.C. § 8910(d)

  Go to provision →
  (d) The Office, in consultation with the Department of Health and Human Services, shall develop and implement a system through which the carrier for an approved health benefits plan described by section 8903 or 8903a will be able to identify those annuitants or other individuals covered by such plan who are entitled to benefits under part A or B of title XVIII of the Social Security Act in order to ensure that payments under coordination of benefits with Medicare do not exceed the statutory maximums which physicians may charge Medicare enrollees.
• 5 U.S.C. § 8911

  Go to provision →
  The Director of the Office of Personnel Management shall appoint a committee composed of five members, who serve without pay, to advise the Office regarding matters of concern to employees under this chapter. Each member of the committee shall be an employee enrolled under this chapter or an elected official of an employee organization.
• 5 U.S.C. § 8913(a)

  Go to provision →
  (a) The Office of Personnel Management may prescribe regulations necessary to carry out this chapter.
• 5 U.S.C. § 8913(b)

  Go to provision →
  (b) The regulations of the Office may prescribe the time at which and the manner and conditions under which an employee is eligible to enroll in an approved health benefits plan described by section 8903 or 8903a of this title. The regulations may exclude an employee on the basis of the nature and type of his employment or conditions pertaining to it, such as short-term appointment, seasonal or intermittent employment, and employment of like nature. The Office may not exclude—

  (1) an employee or group of employees solely on the basis of the hazardous nature of employment;

  (2) a teacher in the employ of the Board of Education of the District of Columbia, whose pay is fixed by section 1501 of title 31, District of Columbia Code, on the basis of the fact that the teacher is serving under a temporary appointment if the teacher has been so employed by the Board for a period or periods totaling not less than two school years;

  (3) an employee who is occupying a position on a part-time career employment basis (as defined in section 3401(2) of this title); or

  (4) an employee who is employed on a temporary basis and is eligible under section 8906a(a).
• 5 U.S.C. § 8913(c)

  Go to provision →
  (c) The regulations of the Office shall provide for the beginning and ending dates of coverage of employees, annuitants, members of their families, and former spouses under health benefits plans. The regulations may permit the coverage to continue, exclusive of the temporary extension of coverage described by section 8902(g) of this title, until the end of the pay period in which an employee is separated from the service, or until the end of the month in which an annuitant or former spouse ceases to be entitled to annuity, and in case of the death of an employee or annuitant, may permit a temporary extension of the coverage of members of his family for not to exceed 90 days.
• 5 U.S.C. § 8951(4)

  Go to provision →
  (4) The term “Office” means the Office of Personnel Management.
• 5 U.S.C. § 8952(a)

  Go to provision →
  (a) The Office shall establish and administer a program through which an eligible individual may obtain dental coverage to supplement coverage available through chapter 89.
• 5 U.S.C. § 8952(b)

  Go to provision →
  (b) The Office shall determine, in the exercise of its reasonable discretion, the financial requirements for qualified companies to participate in the program.
• 5 U.S.C. § 8953(a)(1)

  Go to provision →
  (1) The Office shall contract with a reasonable number of qualified companies for a policy or policies of benefits described under section 8954 without regard to section 6101(b) to (d) of title 41 or any other statute requiring competitive bidding. An employee organization may contract with a qualified company for the purpose of participating with that qualified company in any contract between the Office and that qualified company.
• 5 U.S.C. § 8953(a)(2)

  Go to provision →
  (2) The Office shall ensure that each resulting contract is awarded on the basis of contractor qualifications, price, and reasonable competition.
• 5 U.S.C. § 8953(b)(1)

  Go to provision →
  (1) the requirements under section 8902(d), (f), and (i) made applicable to contracts under this section by regulations prescribed by the Office;
• 5 U.S.C. § 8953(b)(3)

  Go to provision →
  (3) such other terms and conditions as may be mutually agreed to by the Office and the qualified company involved, consistent with the requirements of this chapter and regulations prescribed by the Office.
• 5 U.S.C. § 8953(d)(1)(B)(ii)

  Go to provision →
  (ii) to establish, for disputes not resolved through procedures under clause (i), procedures for 1 or more alternative means of dispute resolution involving independent third-party review under appropriate circumstances by entities mutually acceptable to the Office and the qualified company.
• 5 U.S.C. § 8953(d)(3)

  Go to provision →
  (3) For purposes of applying the Contract Disputes Act of 1978¹ to disputes arising under this chapter between a qualified company and the Office—

  (A) the agency board having jurisdiction to decide an appeal relative to such a dispute shall be such board of contract appeals as the Director of the Office of Personnel Management shall specify in writing (after appropriate arrangements, as described in section 8(c)¹ of such Act); and

  (B) the district courts of the United States shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of any action described in section 10(a)(1)¹ of such Act relative to such a dispute.
• 5 U.S.C. § 8953(d)(3)(A)

  Go to provision →
  (A) the agency board having jurisdiction to decide an appeal relative to such a dispute shall be such board of contract appeals as the Director of the Office of Personnel Management shall specify in writing (after appropriate arrangements, as described in section 8(c)¹ of such Act); and
• 5 U.S.C. § 8953(e)

  Go to provision →
  (e) Nothing in this section shall be considered to grant authority for the Office or third-party reviewer to change the terms of any contract under this chapter.
• 5 U.S.C. § 8954(a)

  Go to provision →
  (a) The Office may prescribe reasonable minimum standards for enhanced dental benefits plans offered under this chapter and for qualified companies offering the plans.
• 5 U.S.C. § 8954(d)

  Go to provision →
  (d) A contract approved under this chapter shall require the qualified company to cover the geographic service delivery area specified by the Office. The Office shall require qualified companies to include dentally underserved areas in their service delivery areas.
• 5 U.S.C. § 8955(a)

  Go to provision →
  (a) The qualified companies¹ at the direction and with the approval of the Office, shall make available to each individual eligible to enroll in a dental benefits plan information on services and benefits (including maximums, limitations, and exclusions), that the Office considers necessary to enable the individual to make an informed decision about electing coverage.
• 5 U.S.C. § 8955(b)

  Go to provision →
  (b) The Office shall make available to each individual eligible to enroll in a dental benefits plan, information on services and benefits provided by qualified companies participating under chapter 89.
• 5 U.S.C. § 8956(b)

  Go to provision →
  (b) The Office shall prescribe regulations under which—

  (1) an eligible individual may enroll in a dental benefits plan; and

  (2) an enrolled individual may change the self-only, self plus one, or self and family coverage of that individual.
• 5 U.S.C. § 8956(c)(1)(B)

  Go to provision →
  (B) during other times and under other circumstances specified by the Office.
• 5 U.S.C. § 8957

  Go to provision →
  A surviving spouse, disability annuitant, or surviving child whose annuity is terminated and is later restored, may continue enrollment in a dental benefits plan subject to the terms and conditions prescribed in regulations issued by the Office.
• 5 U.S.C. § 8958(b)

  Go to provision →
  (b) The Office shall prescribe regulations specifying the terms and conditions under which individuals are required to pay the premiums for enrollment.
• 5 U.S.C. § 8958(e)

  Go to provision →
  (e) Each participating qualified company shall maintain accounting records that contain such information and reports as the Office may require.
• 5 U.S.C. § 8958(f)(1)

  Go to provision →
  (1) The Employee Health Benefits Fund is available, without fiscal year limitation, for reasonable expenses incurred by the Office in administering this chapter before the first day of the first contract period, including reasonable implementation costs.
• 5 U.S.C. § 8958(f)(2)(A)

  Go to provision →
  (A) There is established in the Employees Health Benefits Fund a Dental Benefits Administrative Account, which shall be available to the Office, without fiscal year limitation, to defray reasonable expenses incurred by the Office in administering this chapter after the start of the first contract year.
• 5 U.S.C. § 8958(f)(2)(B)

  Go to provision →
  (B) A contract under this chapter shall include appropriate provisions under which the qualified company involved shall, during each year, make such periodic contributions to the Dental Benefits Administrative Account as necessary to ensure that the reasonable anticipated expenses of the Office in administering this chapter during such year are defrayed.
• 5 U.S.C. § 8960(a)(1)

  Go to provision →
  (1) furnish such reasonable reports as the Office determines to be necessary to enable it to carry out its functions under this chapter; and
• 5 U.S.C. § 8960(a)(2)

  Go to provision →
  (2) permit the Office and representatives of the Government Accountability Office to examine such records of the qualified company as may be necessary to carry out the purposes of this chapter.
• 5 U.S.C. § 8960(b)

  Go to provision →
  (b) Each Federal agency shall keep such records, make such certifications, and furnish the Office, the qualified company, or both, with such information and reports as the Office may require.
• 5 U.S.C. § 8960(c)

  Go to provision →
  (c) The Office shall conduct periodic reviews of plans under this chapter, including a comparison of the dental benefits available under chapter 89, to ensure the competitiveness of plans under this chapter. The Office shall cooperate with the Government Accountability Office to provide periodic evaluations of the program.
• 5 U.S.C. § 8962(a)

  Go to provision →
  (a) The Office shall prescribe regulations to carry out this chapter. The regulations may exclude an employee on the basis of the nature and type of employment or conditions pertaining to it.
• 5 U.S.C. § 8962(b)

  Go to provision →
  (b) The Office shall, as appropriate, provide for coordinated enrollment, promotion, and education efforts as appropriate in consultation with each qualified company. The information under this subsection shall include information relating to the dental benefits available under chapter 89, including the advantages and disadvantages of obtaining additional coverage under this chapter.
• 5 U.S.C. § 8981(4)

  Go to provision →
  (4) The term “Office” means the Office of Personnel Management.
• 5 U.S.C. § 8981(8)(B)

  Go to provision →
  (B) The Secretary of Defense shall enter into an agreement with the Director of the Office relating to classes of individuals described in subparagraph (A)(i) who should be eligible individuals for purposes of this chapter.
• 5 U.S.C. § 8982(a)

  Go to provision →
  (a) The Office shall establish and administer a program through which an eligible individual may obtain vision coverage to supplement coverage available through chapter 89.
• 5 U.S.C. § 8982(b)

  Go to provision →
  (b) The Office shall determine, in the exercise of its reasonable discretion, the financial requirements for qualified companies to participate in the program.
• 5 U.S.C. § 8983(a)(1)

  Go to provision →
  (1) The Office shall contract with a reasonable number of qualified companies for a policy or policies of benefits described under section 8984 without regard to section 6101(b) to (d) of title 41 or any other statute requiring competitive bidding. An employee organization may contract with a qualified company for the purpose of participating with that qualified company in any contract between the Office and that qualified company.
• 5 U.S.C. § 8983(a)(2)

  Go to provision →
  (2) The Office shall ensure that each resulting contract is awarded on the basis of contractor qualifications, price, and reasonable competition.
• 5 U.S.C. § 8983(b)(1)

  Go to provision →
  (1) the requirements under section 8902(d), (f), and (i) made applicable to contracts under this section by regulations prescribed by the Office;
• 5 U.S.C. § 8983(b)(3)

  Go to provision →
  (3) such other terms and conditions as may be mutually agreed to by the Office and the qualified company involved, consistent with the requirements of this chapter and regulations prescribed by the Office.
• 5 U.S.C. § 8983(d)(1)(B)(ii)

  Go to provision →
  (ii) to establish, for disputes not resolved through procedures under clause (i), procedures for 1 or more alternative means of dispute resolution involving independent third-party review under appropriate circumstances by entities mutually acceptable to the Office and the qualified company.
• 5 U.S.C. § 8983(d)(3)

  Go to provision →
  (3) For purposes of applying the Contract Disputes Act of 1978¹ to disputes arising under this chapter between a qualified company and the Office—

  (A) the agency board having jurisdiction to decide an appeal relative to such a dispute shall be such board of contract appeals as the Director of the Office of Personnel Management shall specify in writing (after appropriate arrangements, as described in section 8(c)¹ of such Act); and

  (B) the district courts of the United States shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of any action described in section 10(a)(1)¹ of such Act relative to such a dispute.
• 5 U.S.C. § 8983(d)(3)(A)

  Go to provision →
  (A) the agency board having jurisdiction to decide an appeal relative to such a dispute shall be such board of contract appeals as the Director of the Office of Personnel Management shall specify in writing (after appropriate arrangements, as described in section 8(c)¹ of such Act); and
• 5 U.S.C. § 8983(e)

  Go to provision →
  (e) Nothing in this section shall be considered to grant authority for the Office or third-party reviewer to change the terms of any contract under this chapter.
• 5 U.S.C. § 8984(a)

  Go to provision →
  (a) The Office may prescribe reasonable minimum standards for enhanced vision benefits plans offered under this chapter and for qualified companies offering the plans.
• 5 U.S.C. § 8984(d)

  Go to provision →
  (d) A contract approved under this chapter shall require the qualified company to cover the geographic service delivery area specified by the Office. The Office shall require qualified companies to include visually underserved areas in their service delivery areas.
• 5 U.S.C. § 8985(a)

  Go to provision →
  (a) The qualified companies at the direction and with the approval of the Office, shall make available to each individual eligible to enroll in a vision benefits plan information on services and benefits (including maximums, limitations, and exclusions), that the Office considers necessary to enable the individual to make an informed decision about electing coverage.
• 5 U.S.C. § 8985(b)

  Go to provision →
  (b) The Office shall make available to each individual eligible to enroll in a vision benefits plan, information on services and benefits provided by qualified companies participating under chapter 89.
• 5 U.S.C. § 8986(b)

  Go to provision →
  (b) The Office shall prescribe regulations under which—

  (1) an eligible individual may enroll in a vision benefits plan; and

  (2) an enrolled individual may change the self-only, self plus one, or self and family coverage of that individual.
• 5 U.S.C. § 8986(c)(1)(B)

  Go to provision →
  (B) during other times and under other circumstances specified by the Office.
• 5 U.S.C. § 8987

  Go to provision →
  A surviving spouse, disability annuitant, or surviving child whose annuity is terminated and is later restored, may continue enrollment in a vision benefits plan subject to the terms and conditions prescribed in regulations issued by the Office.
• 5 U.S.C. § 8988(b)

  Go to provision →
  (b) The Office shall prescribe regulations specifying the terms and conditions under which individuals are required to pay the premiums for enrollment.
• 5 U.S.C. § 8988(e)

  Go to provision →
  (e) Each participating qualified company shall maintain accounting records that contain such information and reports as the Office may require.
• 5 U.S.C. § 8988(f)(1)

  Go to provision →
  (1) The Employee Health Benefits Fund is available, without fiscal year limitation, for reasonable expenses incurred by the Office in administering this chapter before the first day of the first contract period, including reasonable implementation costs.
• 5 U.S.C. § 8988(f)(2)(A)

  Go to provision →
  (A) There is established in the Employees Health Benefits Fund a Vision Benefits Administrative Account, which shall be available to the Office, without fiscal year limitation, to defray reasonable expenses incurred by the Office in administering this chapter after the start of the first contract year.
• 5 U.S.C. § 8988(f)(2)(B)

  Go to provision →
  (B) A contract under this chapter shall include appropriate provisions under which the qualified company involved shall, during each year, make such periodic contributions to the Vision Benefits Administrative Account as necessary to ensure that the reasonable anticipated expenses of the Office in administering this chapter during such year are defrayed.
• 5 U.S.C. § 8990(a)(1)

  Go to provision →
  (1) furnish such reasonable reports as the Office determines to be necessary to enable it to carry out its functions under this chapter; and
• 5 U.S.C. § 8990(a)(2)

  Go to provision →
  (2) permit the Office and representatives of the Government Accountability Office to examine such records of the qualified company as may be necessary to carry out the purposes of this chapter.
• 5 U.S.C. § 8990(b)

  Go to provision →
  (b) Each Federal agency shall keep such records, make such certifications, and furnish the Office, the qualified company, or both, with such information and reports as the Office may require.
• 5 U.S.C. § 8990(c)

  Go to provision →
  (c) The Office shall conduct periodic reviews of plans under this chapter, including a comparison of the vision benefits available under chapter 89, to ensure the competitiveness of plans under this chapter. The Office shall cooperate with the Government Accountability Office to provide periodic evaluations of the program.
• 5 U.S.C. § 8992(a)

  Go to provision →
  (a) The Office shall prescribe regulations to carry out this chapter. The regulations may exclude an employee on the basis of the nature and type of employment or conditions pertaining to it.
• 5 U.S.C. § 8992(b)

  Go to provision →
  (b) The Office shall, as appropriate, provide for coordinated enrollment, promotion, and education efforts as appropriate in consultation with each qualified company. The information under this subsection shall include information relating to the vision benefits available under chapter 89, including the advantages and disadvantages of obtaining additional coverage under this chapter.
• 5 U.S.C. § 9001(4)

  Go to provision →
  (4) The term “retired member of the uniformed services” means a member or former member of the uniformed services entitled to retired or retainer pay, and a member who has been transferred to the Retired Reserve and who would be entitled to retired pay under chapter 1223 of title 10 but for not having attained the age of 60 and who satisfies such eligibility requirements as the Office of Personnel Management prescribes under section 9008.
• 5 U.S.C. § 9001(5)(C)

  Go to provision →
  (C) A child (including an adopted child, a stepchild, or, to the extent the Office of Personnel Management by regulation provides, a foster child) of an individual described in paragraph (1), (2), (3), or (4), if such child is at least 18 years of age.
• 5 U.S.C. § 9001(5)(D)

  Go to provision →
  (D) An individual having such other relationship to an individual described in paragraph (1), (2), (3), or (4) as the Office may by regulation prescribe.
• 5 U.S.C. § 9002(a)

  Go to provision →
  (a) The Office of Personnel Management shall establish and, in consultation with the appropriate Secretaries, administer a program through which an individual described in paragraph (1), (2), (3), (4), or (5) of section 9001 may obtain long-term care insurance coverage under this chapter for such individual.
• 5 U.S.C. § 9002(d)

  Go to provision →
  (d) As a condition for obtaining long-term care insurance coverage under this chapter based on one’s status as a qualified relative, an applicant shall provide documentation to demonstrate the relationship, as prescribed by the Office.
• 5 U.S.C. § 9003(a)

  Go to provision →
  (a) The Office of Personnel Management shall, without regard to section 6101(b) to (d) of title 41 or any other statute requiring competitive bidding, contract with one or more qualified carriers for a policy or policies of long-term care insurance. The Office shall ensure that each resulting contract (hereafter in this chapter referred to as a “master contract”) is awarded on the basis of contractor qualifications, price, and reasonable competition.
• 5 U.S.C. § 9003(b)(1)(D)

  Go to provision →
  (D) such other terms and conditions as may be mutually agreed to by the Office and the carrier involved, consistent with the requirements of this chapter.
• 5 U.S.C. § 9003(b)(2)

  Go to provision →
  (2) Premiums charged under each master contract entered into under this section shall reasonably and equitably reflect the cost of the benefits provided, as determined by the Office. The premiums shall not be adjusted during the term of the contract unless mutually agreed to by the Office and the carrier.
• 5 U.S.C. § 9003(c)(1)(B)(ii)

  Go to provision →
  (ii) to establish, for disputes not resolved through procedures under clause (i), procedures for one or more alternative means of dispute resolution involving independent third-party review under appropriate circumstances by entities mutually acceptable to the Office and the carrier.
• 5 U.S.C. § 9003(c)(3)

  Go to provision →
  (3) For purposes of applying chapter 71 of title 41 to disputes arising under this chapter between a carrier and the Office—

  (A) the agency board having jurisdiction to decide an appeal relative to such a dispute shall be such board of contract appeals as the Director of the Office of Personnel Management shall specify in writing; and

  (B) the district courts of the United States shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of any action described in section 7104(b)(1) of title 41 relative to such a dispute.
• 5 U.S.C. § 9003(c)(3)(A)

  Go to provision →
  (A) the agency board having jurisdiction to decide an appeal relative to such a dispute shall be such board of contract appeals as the Director of the Office of Personnel Management shall specify in writing; and
• 5 U.S.C. § 9003(c)(4)

  Go to provision →
  (4) Nothing in this chapter shall be considered to grant authority for the Office or a third-party reviewer to change the terms of any contract under this chapter.
• 5 U.S.C. § 9003(d)(1)

  Go to provision →
  (1) Each master contract under this chapter shall be for a term of 7 years, unless terminated earlier by the Office in accordance with the terms of such contract. However, the rights and responsibilities of the enrolled individual, the insurer, and the Office (or duly designated third-party administrator) under such contract shall continue with respect to such individual until the termination of coverage of the enrolled individual or the effective date of a successor contract thereto.
• 5 U.S.C. § 9003(d)(3)

  Go to provision →
  (3) No later than 180 days after receiving the second report required under section 9006(c), the President (or his designee) shall submit to the Committees on Government Reform and on Armed Services of the House of Representatives and the Committees on Governmental Affairs and on Armed Services of the Senate, a written recommendation as to whether the program under this chapter should be continued without modification, terminated, or restructured. During the 180-day period following the date on which the President (or his designee) submits the recommendation required under the preceding sentence, the Office of Personnel Management may not take any steps to rebid or otherwise contract for any coverage to be available at any time following the expiration of the 7-year period described in paragraph (2)(B).
• 5 U.S.C. § 9004(f)(1)(A)

  Go to provision →
  (A) The Employees’ Life Insurance Fund is available, without fiscal year limitation, for reasonable expenses incurred by the Office of Personnel Management in administering this chapter before the start of the 7-year period described in section 9003(d)(2)(B), including reasonable implementation costs.
• 5 U.S.C. § 9004(f)(2)(A)

  Go to provision →
  (A) There is hereby established in the Employees’ Life Insurance Fund a Long-Term Care Administrative Account, which shall be available to the Office, without fiscal year limitation, to defray reasonable expenses incurred by the Office in administering this chapter after the start of the 7-year period described in section 9003(d)(2)(B).
• 5 U.S.C. § 9004(f)(2)(B)

  Go to provision →
  (B) Each master contract under this chapter shall include appropriate provisions under which the carrier involved shall, during each year, make such periodic contributions to the Long-Term Care Administrative Account as necessary to ensure that the reasonable anticipated expenses of the Office in administering this chapter during such year (adjusted to reconcile for any earlier overestimates or underestimates under this subparagraph) are defrayed.
• 5 U.S.C. § 9006(a)(1)

  Go to provision →
  (1) to furnish such reasonable reports as the Office of Personnel Management determines to be necessary to enable it to carry out its functions under this chapter; and
• 5 U.S.C. § 9006(a)(2)

  Go to provision →
  (2) to permit the Office and representatives of the Government Accountability Office to examine such records of the carrier as may be necessary to carry out the purposes of this chapter.
• 5 U.S.C. § 9006(b)

  Go to provision →
  (b) Each Federal agency shall keep such records, make such certifications, and furnish the Office, the carrier, or both, with such information and reports as the Office may require.
• 5 U.S.C. § 9006(c)

  Go to provision →
  (c) The Government Accountability Office shall prepare and submit to the President, the Office of Personnel Management, and each House of Congress, before the end of the third and fifth years during which the program under this chapter is in effect, a written report evaluating such program. Each such report shall include an analysis of the competitiveness of the program, as compared to both group and individual coverage generally available to individuals in the private insurance market. The Office shall cooperate with the Government Accountability Office to provide periodic evaluations of the program.
• 5 U.S.C. § 9008(a)

  Go to provision →
  (a) The Office of Personnel Management shall prescribe regulations necessary to carry out this chapter.
• 5 U.S.C. § 9008(b)

  Go to provision →
  (b) The Office shall provide for periodic coordinated enrollment, promotion, and education efforts in consultation with the carriers.
• 5 U.S.C. § 9008(c)

  Go to provision →
  (c) Any regulations necessary to effect the application and operation of this chapter with respect to an eligible individual described in paragraph (3) or (4) of section 9001, or a qualified relative thereof, shall be prescribed by the Office in consultation with the appropriate Secretary.
• 5 U.S.C. § 9008(d)

  Go to provision →
  (d) The Office shall ensure that each eligible individual applying for long-term care insurance under this chapter is furnished the information necessary to enable that individual to evaluate the advantages and disadvantages of obtaining long-term care insurance under this chapter, including the following:

  (1) The principal long-term care benefits and coverage available under this chapter, and how those benefits and coverage compare to the range of long-term care benefits and coverage otherwise generally available.

  (2) Representative examples of the cost of long-term care, and the sufficiency of the benefits available under this chapter relative to those costs. The information under this paragraph shall also include—

  (A) the projected effect of inflation on the value of those benefits; and

  (B) a comparison of the inflation-adjusted value of those benefits to the projected future costs of long-term care.

  (3) Any rights individuals under this chapter may have to cancel coverage, and to receive a total or partial refund of premiums. The information under this paragraph shall also include—

  (A) the projected number or percentage of individuals likely to fail to maintain their coverage (determined based on lapse rates experienced under similar group long-term care insurance programs and, when available, this chapter); and

  (i) a summary description of how and when premiums for long-term care insurance under this chapter may be raised;

  (ii) the premium history during the last 10 years for each qualified carrier offering long-term care insurance under this chapter; and

  (iii) if cost increases are anticipated, the projected premiums for a typical insured individual at various ages.

  (4) The advantages and disadvantages of long-term care insurance generally, relative to other means of accumulating or otherwise acquiring the assets that may be needed to meet the costs of long-term care, such as through tax-qualified retirement programs or other investment vehicles.
• 5 U.S.C. § 9101(a)(6)(D)

  Go to provision →
  (D) The Office of Personnel Management.
• 5 U.S.C. § 9101(a)(6)(H)

  Go to provision →
  (H) The Office of the Director of National Intelligence.
• 5 U.S.C. § 9101(b)(1)(B)(ii)

  Go to provision →
  (ii) the Office of Management and Budget Memorandum “Assignment of Functions Relating to Coverage of Contractor Employee Fitness in the Federal Investigative Standards”, dated December 6, 2012;
• 5 U.S.C. § 9201(1)(B)

  Go to provision →
  (B) the Executive Office of the President;
• 5 U.S.C. § 9202(a)

  Go to provision →
  (a) Except as provided in subsections (b) and (c), an employee of an agency may not request, in oral or written form (including through the Declaration for Federal Employment (Office of Personnel Management Optional Form 306) or any similar successor form, the USAJOBS internet website, or any other electronic means) that an applicant for an appointment to a position in the civil service disclose criminal history record information regarding the applicant before the appointing authority extends a conditional offer to the applicant.
• 5 U.S.C. § 9202(c)(1)(C)

  Go to provision →
  (C) identified by the Director of the Office of Personnel Management in the regulations issued under paragraph (2).
• 5 U.S.C. § 9202(c)(2)(A)

  Go to provision →
  (A) The Director of the Office of Personnel Management shall issue regulations identifying additional positions with respect to which the prohibition under subsection (a) shall not apply, giving due consideration to positions that involve interaction with minors, access to sensitive information, or managing financial transactions.
• 5 U.S.C. § 9203

  Go to provision →
  The Director of the Office of Personnel Management shall—
• 5 U.S.C. § 9204(a)

  Go to provision →
  (a) If the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee of an agency has violated section 9202, the Director shall—

  (1) issue to the employee a written warning that includes a description of the violation and the additional penalties that may apply for subsequent violations; and

  (2) file such warning in the employee’s official personnel record file.
• 5 U.S.C. § 9204(b)

  Go to provision →
  (b) If the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee that was subject to subsection (a) has committed a subsequent violation of section 9202, the Director may take the following action:

  (1) For a second violation, suspension of the employee for a period of not more than 7 days.

  (2) For a third violation, suspension of the employee for a period of more than 7 days.

  (3) For a fourth violation—

  (A) suspension of the employee for a period of more than 7 days; and

  (B) a civil penalty against the employee in an amount that is not more than $250.

  (4) For a fifth violation—

  (A) suspension of the employee for a period of more than 7 days; and

  (B) a civil penalty against the employee in an amount that is not more than $500.

  (5) For any subsequent violation—

  (A) suspension of the employee for a period of more than 7 days; and

  (B) a civil penalty against the employee in an amount that is not more than $1,000.
• 5 U.S.C. § 9205(a)

  Go to provision →
  (a) The Director of the Office of Personnel Management shall by rule establish procedures providing for an appeal from any adverse action taken under section 9204 by not later than 30 days after the date of the action.
• 5 U.S.C. § 9501(b)

  Go to provision →
  (b) The Secretary of the Treasury shall provide the Office of Personnel Management with any information that Office requires in carrying out its responsibilities under this section.
• 5 U.S.C. § 9502(a)

  Go to provision →
  (a) When the Secretary of the Treasury seeks a grant of authority under section 5377 for critical pay for 1 or more positions at the Internal Revenue Service, the Office of Personnel Management may fix the rate of basic pay, notwithstanding sections 5377(d)(2) and 5307, at any rate up to the salary set in accordance with section 104 of title 3.
• 5 U.S.C. § 9504(a)

  Go to provision →
  (a) Before September 30, 2013 and subject to approval by the Office of Personnel Management, the Secretary of the Treasury may provide for variations from sections 5753 and 5754 governing payment of recruitment, relocation, and retention incentives.
• 5 U.S.C. § 9506(a)(2)(B)

  Go to provision →
  (B) whose limited emergency or limited term appointment is approved in advance by the Office of Personnel Management.
• 5 U.S.C. § 9507(b)(7)

  Go to provision →
  (7) notwithstanding section 4703(d)(1)(B), based on an evaluation as provided in section 4703(h), the Office of Personnel Management and the Secretary of the Treasury, except as otherwise provided by this subsection, may waive the termination date of a demonstration project under section 4703(d).
• 5 U.S.C. § 9507(c)

  Go to provision →
  (c) At least 90 days before waiving the termination date under subsection (b)(7), the Office of Personnel Management shall publish in the Federal Register a notice of its intention to waive the termination date and shall inform in writing both Houses of Congress of its intention.
• 5 U.S.C. § 9509(b)(1)(A)

  Go to provision →
  (A) The Secretary of the Treasury may, subject to criteria to be prescribed by the Office of Personnel Management, establish one or more broad-banded systems covering all or any portion of the Internal Revenue Service workforce.
• 5 U.S.C. § 9509(b)(1)(B)

  Go to provision →
  (B) With the approval of the Office of Personnel Management, a broad-banded system established under this section may either include or consist of positions that otherwise would be subject to subchapter IV of chapter 53 or section 5376.
• 5 U.S.C. § 9509(b)(2)

  Go to provision →
  (2) The Office of Personnel Management may require the Secretary of the Treasury to submit information relating to broad-banded systems at the Internal Revenue Service.
• 5 U.S.C. § 9509(b)(4)

  Go to provision →
  (4) The criteria to be prescribed by the Office of Personnel Management shall, at a minimum—

  (A) ensure that the structure of any broad-banded system maintains the principle of equal pay for substantially equal work;

  (B) establish the minimum and maximum number of grades that may be combined into pay bands;

  (C) establish requirements for setting minimum and maximum rates of pay in a pay band;

  (D) establish requirements for adjusting the pay of an employee within a pay band;

  (E) establish requirements for setting the pay of a supervisory employee whose position is in a pay band or who supervises employees whose positions are in pay bands; and

  (F) establish requirements and methodologies for setting the pay of an employee upon conversion to a broad-banded system, initial appointment, change of position or type of appointment (including promotion, demotion, transfer, reassignment, reinstatement, placement in another pay band, or movement to a different geographic location), and movement between a broad-banded system and another pay system.
• 5 U.S.C. § 9509(c)

  Go to provision →
  (c) With the approval of the Office of Personnel Management and in accordance with a plan for implementation submitted by the Secretary of the Treasury, the Secretary may, with respect to Internal Revenue Service employees who are covered by a broad-banded system established under this section, provide for variations from the provisions of subchapter VI of chapter 53.
• 5 U.S.C. § 9510(c)

  Go to provision →
  (c) The Secretary of the Treasury may detail employees among the offices of the Internal Revenue Service without regard to the 120-day limitation in section 3341(b).
• 5 U.S.C. § 9601(2)

  Go to provision →
  (2) the term “time-limited appointment” includes a temporary appointment and a term appointment, as defined by the Office of Personnel Management.
• 5 U.S.C. § 9602(b)

  Go to provision →
  (b) In determining the eligibility of a time-limited employee under this section to be examined for or appointed in the competitive service, the Office of Personnel Management or other examining agency shall waive requirements as to age, unless the requirement is essential to the performance of the duties of the position.
• 5 U.S.C. § 9602(e)

  Go to provision →
  (e) The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this section.
• 5 U.S.C. § 9701(a)

  Go to provision →
  (a) Notwithstanding any other provision of this part, the Secretary of Homeland Security may, in regulations prescribed jointly with the Director of the Office of Personnel Management, establish, and from time to time adjust, a human resources management system for some or all of the organizational units of the Department of Homeland Security.
• 5 U.S.C. § 9701(e)(1)

  Go to provision →
  (1) In order to ensure that the authority of this section is exercised in collaboration with, and in a manner that ensures the participation of employee representatives in the planning, development, and implementation of any human resources management system or adjustments to such system under this section, the Secretary of Homeland Security and the Director of the Office of Personnel Management shall provide for the following:

  (A) The Secretary and the Director shall, with respect to any proposed system or adjustment—

  (i) provide to each employee representative representing any employees who might be affected, a written description of the proposed system or adjustment (including the reasons why it is considered necessary);

  (ii) give each representative 30 calendar days (unless extraordinary circumstances require earlier action) to review and make recommendations with respect to the proposal; and

  (iii) give any recommendations received from any such representatives under clause (ii) full and fair consideration in deciding whether or how to proceed with the proposal.

  (B) Following receipt of recommendations, if any, from employee representatives with respect to a proposal described in subparagraph (A), the Secretary and the Director shall accept such modifications to the proposal in response to the recommendations as they determine advisable and shall, with respect to any parts of the proposal as to which they have not accepted the recommendations—

  (i) notify Congress of those parts of the proposal, together with the recommendations of employee representatives;

  (ii) meet and confer for not less than 30 calendar days with any representatives who have made recommendations, in order to attempt to reach agreement on whether or how to proceed with those parts of the proposal; and

  (iii) at the Secretary’s option, or if requested by a majority of the employee representatives who have made recommendations, use the services of the Federal Mediation and Conciliation Service during such meet and confer period to facilitate the process of attempting to reach agreement.

  (i) Any part of the proposal as to which the representatives do not make a recommendation, or as to which their recommendations are accepted by the Secretary and the Director, may be implemented immediately.

  (ii) With respect to any parts of the proposal as to which recommendations have been made but not accepted by the Secretary and the Director, at any time after 30 calendar days have elapsed since the initiation of the congressional notification, consultation, and mediation procedures set forth in subparagraph (B), if the Secretary determines, in the Secretary’s sole and unreviewable discretion, that further consultation and mediation is unlikely to produce agreement, the Secretary may implement any or all of such parts, including any modifications made in response to the recommendations as the Secretary determines advisable.

  (iii) The Secretary shall promptly notify Congress of the implementation of any part of the proposal and shall furnish with such notice an explanation of the proposal, any changes made to the proposal as a result of recommendations from employee representatives, and of the reasons why implementation is appropriate under this subparagraph.

  (D) If a proposal described in subparagraph (A) is implemented, the Secretary and the Director shall—

  (i) develop a method for each employee representative to participate in any further planning or development which might become necessary; and

  (ii) give each employee representative adequate access to information to make that participation productive.
• 5 U.S.C. § 9701(f)(1)(B)

  Go to provision →
  (B) in prescribing regulations for any such appeals procedures, the Secretary and the Director of the Office of Personnel Management—

  (i) should ensure that employees of the Department are afforded the protections of due process; and

  (ii) toward that end, should be required to consult with the Merit Systems Protection Board before issuing any such regulations.
• 5 U.S.C. § 9802(a)

  Go to provision →
  (a) Not later than 90 days before exercising any of the workforce authorities made available under this chapter, the Administrator shall submit a written plan to the appropriate committees of Congress. Such plan shall be approved by the Office of Personnel Management.
• 5 U.S.C. § 9802(d)(1)(A)

  Go to provision →
  (A) The Administrator may from time to time modify the workforce plan. Any modification to the workforce plan shall be submitted to the Office of Personnel Management for approval by the Office before the modification may be implemented.
• 5 U.S.C. § 9802(e)

  Go to provision →
  (e) Before submitting any written plan under subsection (a) (or modification under subsection (d)) to the Office of Personnel Management, the Administrator shall—

  (1) provide to each employee representative representing any employees who might be affected by such plan (or modification) a copy of the proposed plan (or modification);

  (2) give each representative 30 calendar days (unless extraordinary circumstances require earlier action) to review and make recommendations with respect to the proposed plan (or modification); and

  (3) give any recommendations received from any such representatives under paragraph (2) full and fair consideration in deciding whether or how to proceed with respect to the proposed plan (or modification).
• 5 U.S.C. § 9802(g)

  Go to provision →
  (g) Whenever the Administration submits its performance plan under section 1115 of title 31 to the Office of Management and Budget for any year, the Administration shall at the same time submit a copy of such plan to the appropriate committees of Congress.
• 5 U.S.C. § 9804(e)

  Go to provision →
  (e) Before paying a bonus under this section, the Administration shall establish a plan for paying recruitment, redesignation, and relocation bonuses, subject to approval by the Office of Personnel Management.
• 5 U.S.C. § 9810(a)(1)

  Go to provision →
  (1) the term “professional position” means a position that is classified to an occupational series identified by the Office of Personnel Management as a position that—

  (A) requires education and training in the principles, concepts, and theories of the occupation that typically can be gained only through completion of a specified curriculum at a recognized college or university; and

  (B) is covered by the Group Coverage Qualification Standard for Professional and Scientific Positions; and
• 5 U.S.C. § 9810(b)

  Go to provision →
  (b) The Administration may appoint, without regard to the provisions of section 3304(h) and sections 3309 through 3318, but subject to subsection (c), candidates directly to General Schedule professional, competitive service positions in the Administration for which public notice has been given (in accordance with regulations of the Office of Personnel Management), if—

  (1) with respect to a position at the GS–7 level, the individual—

  (A) received, within 2 years before the effective date of the appointment, from an accredited institution authorized to grant baccalaureate degrees, a baccalaureate degree in a field of study for which possession of that degree in conjunction with academic achievements meets the qualification standards as prescribed by the Office of Personnel Management for the position to which the individual is being appointed; and

  (B) achieved a cumulative grade point average of 3.0 or higher on a 4.0 scale and a grade point average of 3.5 or higher for courses in the field of study required to qualify for the position;

  (2) with respect to a position at the GS–9 level, the individual—

  (A) received, within 2 years before the effective date of the appointment, from an accredited institution authorized to grant graduate degrees, a graduate degree in a field of study for which possession of that degree meets the qualification standards at this grade level as prescribed by the Office of Personnel Management for the position to which the individual is being appointed; and

  (B) achieved a cumulative grade point average of 3.5 or higher on a 4.0 scale in graduate coursework in the field of study required for the position;

  (3) with respect to a position at the GS–11 level, the individual—

  (A) received, within 2 years before the effective date of the appointment, from an accredited institution authorized to grant graduate degrees, a graduate degree in a field of study for which possession of that degree meets the qualification standards at this grade level as prescribed by the Office of Personnel Management for the position to which the individual is being appointed; and

  (B) achieved a cumulative grade point average of 3.5 or higher on a 4.0 scale in graduate coursework in the field of study required for the position; or

  (4) with respect to a research position at the GS–12 level, the individual—

  (A) received, within 2 years before the effective date of the appointment, from an accredited institution authorized to grant graduate degrees, a graduate degree in a field of study for which possession of that degree meets the qualification standards at this grade level as prescribed by the Office of Personnel Management for the position to which the individual is being appointed; and

  (B) achieved a cumulative grade point average of 3.5 or higher on a 4.0 scale in graduate coursework in the field of study required for the position.
• 5 U.S.C. § 9810(b)(1)(A)

  Go to provision →
  (A) received, within 2 years before the effective date of the appointment, from an accredited institution authorized to grant baccalaureate degrees, a baccalaureate degree in a field of study for which possession of that degree in conjunction with academic achievements meets the qualification standards as prescribed by the Office of Personnel Management for the position to which the individual is being appointed; and
• 5 U.S.C. § 9810(b)(2)(A)

  Go to provision →
  (A) received, within 2 years before the effective date of the appointment, from an accredited institution authorized to grant graduate degrees, a graduate degree in a field of study for which possession of that degree meets the qualification standards at this grade level as prescribed by the Office of Personnel Management for the position to which the individual is being appointed; and
• 5 U.S.C. § 9810(b)(3)(A)

  Go to provision →
  (A) received, within 2 years before the effective date of the appointment, from an accredited institution authorized to grant graduate degrees, a graduate degree in a field of study for which possession of that degree meets the qualification standards at this grade level as prescribed by the Office of Personnel Management for the position to which the individual is being appointed; and
• 5 U.S.C. § 9810(b)(4)(A)

  Go to provision →
  (A) received, within 2 years before the effective date of the appointment, from an accredited institution authorized to grant graduate degrees, a graduate degree in a field of study for which possession of that degree meets the qualification standards at this grade level as prescribed by the Office of Personnel Management for the position to which the individual is being appointed; and
• 5 U.S.C. § 9812(a)(1)(B)(i)

  Go to provision →
  (i) employment under the Student Educational Employment Program administered by the Office of Personnel Management;
• 5 U.S.C. § 9813(a)(1)(B)(ii)

  Go to provision →
  (ii) whose limited emergency or limited term appointment is approved in advance by the Office of Personnel Management;
• 5 U.S.C. § 9813(d)

  Go to provision →
  (d) A limited term appointee who has been appointed in the Administration from a career or career-conditional appointment outside the Senior Executive Service shall have reemployment rights in the agency from which appointed, or in another agency, under requirements and conditions established by the Office of Personnel Management. The Office shall have the authority to direct such placement in any agency.
• 5 U.S.C. § 9814(e)

  Go to provision →
  (e) Before setting any employee’s pay under this section, the Administrator shall submit a plan to the Office of Personnel Management and the appropriate committees of Congress, that includes—

  (1) criteria for approval of actions to set pay under this section;

  (2) the level of approval required to set pay under this section;

  (3) all types of actions and positions to be covered;

  (4) the relationship between the exercise of authority under this section and the use of other pay incentives; and

  (5) a process to evaluate the effectiveness of this section.
• 5 U.S.C. § 9901(1)

  Go to provision →
  (1) the term “Director” means the Director of the Office of Personnel Management; and
• 5 U.S.C. § 9902(f)(6)(B)

  Go to provision →
  (B) An employee who receives separation pay under this section on the basis of a separation occurring on or after the date of the enactment of the Federal Workforce Restructuring Act of 1994 (Public Law 103–226; 108 Stat. 111) and accepts employment with the Government of the United States, or who commences work through a personal services contract with the United States within 5 years after the date of the separation on which payment of the separation pay is based, shall be required to repay the entire amount of the separation pay to the Department of Defense. If the employment is with an Executive agency (as defined by section 105) other than the Department of Defense, the Director may, at the request of the head of that agency, waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. If the employment is within the Department of Defense, the Secretary may waive the repayment if the individual involved is the only qualified applicant available for the position. If the employment is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. If the employment is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.
• 5 U.S.C. § 9905(a)(11)

  Go to provision →
  (11) Any position in the military housing office of a military installation whose primary function is supervision of military housing covered by subchapter IV of chapter 169 of title 10.
• 5 U.S.C. § 10105(f)(1)

  Go to provision →
  (1) The Office of Personnel Management shall submit to the appropriate committees of Congress, annually for each of the first 5 years during which this section is in effect, a report on the operation of this section.