10 U.S.C. § 1612

Merit system principles and civil service protections: applicability

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 10 CasesGoogle Scholar

(a)Applicability of Merit System Principles.—Section 2301 of title 5 shall apply to the exercise of authority under this subchapter (other than sections 1605 and 1611).(b)Civil Service Protections.—(1) If, in the case of a position established under authority other than section 1601(a)(1) of this title that is reestablished as an excepted service position under that section, the provisions of law referred to in paragraph (2) applied to the person serving in that position immediately before the position is so reestablished and such provisions of law would not otherwise apply to the person while serving in the position as so reestablished, then such provisions of law shall, subject to paragraph (3), continue to apply to the person with respect to service in that position for as long as the person continues to serve in the position without a break in service.(2) The provisions of law referred to in paragraph (1) are the following provisions of title 5:(A) Section 2302, relating to prohibited personnel practices.(B) Chapter 75, relating to adverse actions.(3)(A) Notwithstanding any provision of chapter 75 of title 5, an appeal of an adverse action by an individual employee covered by paragraph (1) shall be determined within the Department of Defense if the employee so elects.(B) The Secretary of Defense shall prescribe the procedures for initiating and determining appeals of adverse actions pursuant to elections made under subparagraph (A).(Added Pub. L. 104–201, div. A, title XVI, § 1632(d), Sept. 23, 1996, 110 Stat. 2750.)Statutory Notes and Related SubsidiariesEffective Date

Section effective Oct. 1, 1996, see section 1635 of Pub. L. 104–201, set out as an Effective Date of 1996 Amendment note under section 1593 of this title.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2008–2024 · leading case: Rice v. Merit Sys. Prot. Bd., 522 F.3d 1311 (Fed. Cir. 2008).

Sort: Relevance Newest Treatment

Rice v. Merit Sys. Prot. Bd., 522 F.3d 1311 (Fed. Cir. 2008). · cites it 3× “Rice contended that her appeal rights to the Board were preserved under the “grandfather” clause of 10 U.S.C. § 1612 (b)(1). That provision, she alleged, affords an employee appeal rights if the employee’s transfer into an excepted service position in an intelligence unit was…”

Berry v. Conyers, 692 F.3d 1223 (Fed. Cir. 2012). · cites it 2× “at 96 ; see also 10 U.S.C. § 1612 (3) (providing that appeals of such adverse actions must take place exclusively within the Department of Defense pursuant to procedures prescribed by the Secre- tary).”

Heily v. United States Dep't of Def., 896 F. Supp. 2d 25 (D.D.C. 2012). “The plaintiff argues that he may bring a claim under § 2302 because the creation of an exception permitting claims by employees of exempted intelligence agencies who were previously covered by the provisions of the statute if they have continued to serve in the position without…”

Karla M Kornegay v. Dep't of Def. (MSPB 2024). · cites it 2× “10 U.S.C. § 1612 (b); Clarke, 102 M.S.P.R.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.