(a) OPM shall prescribe the relative weights to be given subjects in an examination, and shall assign numerical ratings on a scale of 100. Except as otherwise provided in this chapter, each applicant who meets the minimum requirements for entrance to an examination and is rated 70 or more in the examination is eligible for appointment.
(b) OPM shall add to the earned numerical ratings of applicants who make a passing grade:
(1) Five points for applicants who are preference eligibles under section 2108(3)(A) and (B) of title 5, United States Code; and
(2) Ten points for applicants who are preference eligibles under section 2108(3)(C)-(G) of that title.
(c) When experience is a factor in determining eligibility, OPM shall credit a preference eligible with:
(1) Time spent in the military service (i) as an extension of time spent in the position in which he was employed immediately before his entrance into the military service, or (ii) on the basis of actual duties performed in the military service, or (iii) as a combination of both methods. OPM shall credit time spent in the military service according to the method that will be of most benefit to the preference eligible.
(2) All valuable experience, including experience gained in religious, civic, welfare, service, and organizational activities, regardless of whether pay was received therefor.
[33 FR 12423, Sept. 4, 1968, as amended at 72 FR 12954, Mar. 20, 2007]
Notes of Decisions
Joseph v. Fed. Trade Comm'n, 505 F.3d 1380 (Fed. Cir. 2007).
“§ 3309 ; 5 C.F.R. § 337.101 (b). They are ranked ahead of others with the same score.”
Dean v. Consum. Prod. Saf. Comm'n, 548 F.3d 1370 (Fed. Cir. 2008).
“§ 3309 ; 5 C.F.R. § 337.101 (b). Then, when a veteran has the highest numerical rating, the agency must appoint the veteran unless the agency obtains from the Office of Personnel Management written authority to appoint someone whose score is lower.”
Kenneth Vanderford v. Dep't of Vets. Affairs (MSPB 2015).
· cites it 2× “§ 3309 ; 5 C.F.R. § 337.101 (a). Preference-eligible veterans are entitled to five additional points, and disabled veterans, as well as certain relatives of disabled veterans, are entitle to ten additional points, which are added to their passing examination scores.”
Jerome Mansfield v. Dep't of Vets. Affairs (MSPB 2022).
“§ 3309 ; 5 C.F.R. § 337.101 (b). The names of applicants are entered onto registers, or “lists of eligibles,” in rank order, with preference eligibles ranked ahead of others with the same rating.”
Jolley v. Hud (Fed. Cir. 2023).
“§ 3309 ; 5 C.F.R. § 337.101 (b); and then citing 5 U.”
Efthimiadis v. Dep't of the Army, 126 F. App'x 468 (Fed. Cir. 2005).
“§ 3309 (1) (2000) and 5 C.F.R. § 337.101 (b) (2000). Ms. Efthimiadis argued to the Board that, as a preference-eligible veteran, points should have been given to her during the evaluation of her application.”
Williams v. Dep't of Air Force, 89 F. App'x 721 (Fed. Cir. 2004).
“§ 3309 and 5 C.F.R. § 337.101 (b), and they are ranked ahead of others on lists of eligibles with the same rating, see 5 U.”
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