5 U.S.C. § 2

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(a) Notwithstanding any other provision of law, an annuitant, as defined under section 8901(3) of title 5, United States Code, who is participating or who is eligible to participate in the health benefits program offered under the Retired Federal Employees Health Benefits Act (74 Stat. 849; Public Law 86–724), may elect, in accordance with regulations prescribed by the United States Civil Service Commission, to be covered under the provisions of chapter 89 of title 5, United States Code, in lieu of coverage under such Act.“(b) An annuitant who elects to be covered under the provisions of chapter 89 of title 5, United States Code, in accordance with subsection (a) of this section, shall be entitled to the benefits under such chapter 89.
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1944–2021 · leading case: Gen. Eng'g, Inc., & Harvey Aluminum (Inc.) v. Nat'l Labor Relations Bd., 341 F.2d 367 (9th Cir. 1965).
Gen. Eng'g, Inc., & Harvey Aluminum (Inc.) v. Nat'l Labor Relations Bd., 341 F.2d 367 (9th Cir. 1965). “§ 159, as amended, 5 U.S.C. § 2 provides that the word “department,” when used alone in that title and certain other titles, “ * * * means one of the executive departments enumerated in the preceding section.”
Innovation Ventures, LLC v. N.V.E., Inc., 747 F. Supp. 2d 853 (E.D. Mich. 2010). “§ 1125 (a); (3) business and product disparagement; (4) tortious interference with contractual relations; (5) tortious interference with business relationships; (6) monopolization in violation of the Sherman Act, Í5 U.S.C. § 2; (7) attempted monopolization in violation of the…”
Reed v. Franke, 297 F.2d 17 (4th Cir. 1961). “§ 159 (1875) as amended, 5 U.S.C.A. § 2 . “Department” in that section does not refer to “military” departments such as the Department of the Navy.”
Wyoming v. United States Dep't of Agric., 201 F. Supp. 2d 1151 (D. Wyo. 2002). · cites it 2× “2d 377 (1989) (citing 5 U.S.C. § 2 (a)). The purpose of FACA is “to ensure that new advisory committees be established only when essential and that their number be minimized; that they be terminated when they have outlived their usefulness; that their creation, operation, and…”
PBTM LLC v. Football Nw. LLC (W.D. Wash. 2021). “Specifically, PBTM claims that Defendants’ actions create an unlawful monopoly or 17 attempted monopoly that unreasonably restrain trade in violation of Section 2 of the Sherman Act, 18 5 U.S.C. § 2 (Count 5) and Washington state law, RCW § 19.”
Termination of an Assistant United States Attorney on Grounds Related to His Acknowledged Homosexuality (OLC 1983). “* A veteran, 5 U.S.C. §2 1 0 8 (1 )(B ), (3)(B), who has served for one year in the excepted service, id § 7 5 1 1(a)(1)(B), is afforded civil service protection, and action may be taken against him “only for such cause as w ill promote the efficiency o f the service.”
United States v. MacEvoy, 58 F. Supp. 83 (D.N.J. 1944). “When Congress meant to use the word “department” in its narrow application, it sufficiently expressed that intention and recognized the existence of the broader definition either expressly as in Title 5 U.S.C.A. § 2 , or by manifest implication from the context.”
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