5 U.S.C. § 2301

PROVISIONS TO AUTHORIZE CONTINUED CONFORMITY OF OTHER FEDERAL RETIREMENT SYSTEMS.

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“(a)Foreign Service.—Sections 827 and 851 of the Foreign Service Act of 1980 (22 U.S.C. 4067 and 4071) shall apply with respect to this title in the same manner as if this title were part of—“(1) the Civil Service Retirement System, to the extent this title relates to the Civil Service Retirement System; and“(2) the Federal Employees’ Retirement System, to the extent this title relates to the Federal Employees’ Retirement System.“(b)Central Intelligence Agency.—Sections 292 and 301 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2141 and 2151) shall apply with respect to this title in the same manner as if this title were part of—“(1) the Civil Service Retirement System, to the extent this title relates to the Civil Service Retirement System; and“(2) the Federal Employees’ Retirement System, to the extent this title relates to the Federal Employees’ Retirement System.
Notes of Decisions
Cited in 271 cases (72 in the last 5 years), 1981–2026 · leading case: Bostock v. Clayton Cnty., 140 S. Ct. 1731 (2020).
Bostock v. Clayton Cnty., 140 S. Ct. 1731 (2020). · cites it 2× “§411 (a)(1) (Presidential Offices; Em- ployment Discrimination)  5 U. S. C. §2301 (b)(2) (Merit System Principles)  5 U.”
Dep't of the Treasury v. Fed. Labor Relations Auth., Nat'l Treasury Employees Union, Intervenor, 837 F.2d 1163 (D.C. Cir. 1988). · cites it 11× “NTEU’s proposed provision does not contravene the merit system principles and prohibitions of 5 U.S.C. §§ 2301 and 2302 or regulations issued thereunder, because it merely delimits the pool of candidates for a vacant position that management must consider initially.”
Jackson v. Gonzales, 496 F.3d 703 (D.C. Cir. 2007). · cites it 4× “See 5 U.S.C. § 2301 (b); Nat'l Treasury Employees Union v.”
Mikhail Semenov v. Dep't of Vets. Affairs, 2023 MSPB 16 (MSPB 2023). · cites it 3× “¶28 On review, the appellant reiterates his argument from below that because the publication standard was “arbitrary,” the agency violated the merit system principle at 5 U.S.C. § 2301 (b)(6), which provides that “[e]mployees should be retained based on the adequacy of their…”
Fedora v. Merit Sys. Prot. Bd., 848 F.3d 1013 (Fed. Cir. 2017). · cites it 2× “, 5 U.S.C. § 2301 (b)(8) (under governing merit system principles, employees must be “protected against arbitrary action, personal favoritism, or coercion for partisan purposes”).”
Babb v. Wilkie, 140 S. Ct. 1168 (2020). “12106, § 1-102, 3 CFR 263 (1978) (amending Exec. Order No. 11478 to cover discrimination on the basis of age).”
Jeffrey A. Saul v. United States of Am. Ray Larsen Colleen St. Louis John Doe St. Louis, 928 F.2d 829 (9th Cir. 1991). · cites it 2× “See 5 U.S.C. § 2301 (b)(2). The prohibited personnel practices include taking any personnel action that “violates any law, rule or regulation implementing, or directly concerning, the merit system principles contained in section 2301.”
Michael E. Hubbard v. U.S. Env't Prot. Agency, Adm'r, 809 F.2d 1 (D.C. Cir. 1987). · cites it 2× “§§ 2302 (b)(8), (10) and (11) (1982), which specify three prohibited personnel practices: the taking of reprisals for protected actions (whistle-blowing), discrimination based on conduct which does not adversely affect an applicant’s performance, and taking a personnel action…”
Emily C. Martin v. Charles A. Lauer, 686 F.2d 24 (D.C. Cir. 1982). · cites it 3× “First, this case in its present posture only concerns oral communications with counsel, and not any transmittal of government documents. See note 24 infra.”
Cynthia A. Guillebeau v. Dep't of the Navy, 362 F.3d 1329 (Fed. Cir. 2004). · cites it 2× “Section 4703(c)(5) thus prohibits waiver of any of the merit system principles set forth in 5 U.S.C. § 2301 , which is titled “Merit system principles,” 5 U.”
Ghaly v. United States Dep't of Agric., 228 F. Supp. 2d 283 (S.D.N.Y. 2002). “The first issue with respect to this claim is whether the plaintiffs claim is covered by the CSRA’s complex remedial scheme and jurisdictional predicates.”
Nat'l Treasury Employees Union v. U.S. Customs Serv., 802 F.2d 525 (D.C. Cir. 1986). · cites it 2× “” 5 U.S.C. § 2301 (b)(1). IV NTEU argues that this risk, even if it does exist, does not sustain application of the section (b)(2) exemption under Crooker unless the Service is also able to demonstrate that “disclosure significantly risks *530 circumvention of agency regulations…”
— 5 U.S.C. § 2301(a)(1)(11)(A) — 1 case
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