5 C.F.R. § 410.101

Definitions

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In this part:

(a) Agency, employee, Government, Government facility, and non-Government facility have the meanings given these terms in section 4101 of title 5, United States Code.

(b) Exceptions to organizations and employees covered by this subpart include:

(1) Those named in section 4102 of title 5, United States Code, and

(2) The U.S. Postal Service and Postal Rate Commission and their employees, as provided in Pub. L. 91-375, enacted August 12, 1970.

(d) Mission-related training is training that supports agency goals by improving organizational performance at any appropriate level in the agency, as determined by the head of the agency. This includes training that:

(1) Supports the agency's strategic plan and performance objectives;

(2) Improves an employee's current job performance;

(3) Allows for expansion or enhancement of an employee's current job;

(4) Enables an employee to perform needed or potentially needed duties outside the current job at the same level of responsibility; or

(5) Meets organizational needs in response to human resource plans and re-engineering, downsizing, restructuring, and/or program changes.

(e) Retraining means training and development provided to address an individual's skills obsolescence in the current position and/or training and development to prepare an individual for a different occupation, in the same agency, in another Government agency, or in the private sector.

(f) Continued service agreement has the meaning given to service agreements in section 4108 of title 5, United States Code.

(g) Interagency training means training provided by one agency for other agencies or shared by two or more agencies.

(h) State and local government have the meanings given to these terms by section 4762 of title 42, United States Code.

(i) Established contact hours are the number of academic credit hours assigned to a course(s) times the number of weeks in a term times the number of terms required to complete the degree.

[61 FR 66193, Dec. 17, 1996, as amended at 69 FR 33276, June 15, 2004]

Notes of Decisions

Cited in 3 cases, 2008–2016 · leading case: Almanza v. United States, 127 Fed. Cl. 521 (Fed. Cl. 2016).

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Almanza v. United States, 127 Fed. Cl. 521 (Fed. Cl. 2016). “” 5 C.F.R. § 410.101 (c) (2016) (adopting the definition of training set forth at 5 U.”

New v. Dep't of Vets. Affairs, 293 F. App'x 779 (Fed. Cir. 2008). “Although New asserts that she should have been reimbursed for these expenses under the agency’s employee training and development program, see 5 C.F.R. §§ 410.101 to *782 410.405, New’s contention that she would have been selected for that limited program is entirely speculative.”

Munoz v. England, 557 F. Supp. 2d 1145 (D. Haw. 2008). “§ 4101 and 5 C.F.R. § 410.101 (d) & (e)). The court rejects this invitation to consider extrinsic evidence to construe the agreement.”

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