5 U.S.C. § 301

ELECTIONS.

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“(a)Elections for Individuals Subject to the Civil Service Retirement System.—(1)(A) Any individual (other than an individual under subsection (b)) who, as of June 30, 1987, is employed by the Federal Government, and who is then subject to subchapter III of chapter 83 of title 5, United States Code, may elect to become subject to chapter 84 of such title.“(B) An election under this paragraph may not be made before July 1, 1987, or after December 31, 1987.“(2)(A) Any individual who, after June 30, 1987, becomes reemployed by the Federal Government, and who is then subject to subchapter III of chapter 83 of title 5, United States Code, may elect to become subject to chapter 84 of such title.“(B) An election under this paragraph shall not be effective unless it is made during the six-month period beginning on the date on which reemployment commences.“(3)(A) Except as provided in subparagraph (B), any individual—“(i) who is excluded from the operation of subchapter III of chapter 83 of title 5, United States Code, under subsection (g), (i), (j), or (l) of section 8347 of such title, and“(ii) with respect to whom chapter 84 of title 5, United States Code, does not apply because of section 8402(b)(2) of such title,shall, for purposes of an election under paragraph (1) or (2), be treated as if such individual were subject to subchapter III of chapter 83 of title 5, United States Code.“(B) An election under this paragraph may not be made by any individual who would be excluded from the operation of chapter 84 of title 5, United States Code, under section 8402(c) of such title (relating to exclusions based on the temporary or intermittent nature of one’s employment).“(4) A member of the Foreign Service described in section 103(6) of the Foreign Service Act of 1980 [22 U.S.C. 3903(6)] shall be ineligible to make any election under this subsection.“(b)Elections for Certain Individuals Serving Continuously Since December 31, 1983.—The following rules shall apply in the case of any individual described in section 8402(b)(1) of title 5, United States Code:“(1) If, as of December 31, 1986, the individual is subject to subchapter III of chapter 83 of title 5, United States Code, but is not subject to section 204 of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983 [section 204 of Pub. L. 98–168, set out below], the individual shall remain so subject to such subchapter unless the individual elects, after June 30, 1987, and before January 1, 1988—“(A) to become subject to such subchapter under the same terms and conditions as apply in the case of an individual described in section 8402(b)(2) of such title who is subject to such subchapter; or“(B) to become subject to chapter 84 of such title.An individual eligible to make an election under this paragraph may make the election described in subparagraph (A) or (B), but not both.“(2) If, as of December 31, 1986, the individual is subject to subchapter III of chapter 83 of title 5, United States Code, and is also subject to section 204 of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983 [set out below], the individual—“(A) shall, as of January 1, 1987, become subject to such subchapter under the same terms and conditions as apply in the case of an individual described in section 8402(b)(2) of such title who is subject to such subchapter; and“(B) may (during the six-month period described in subsection (a)(1)(B)) elect to become subject to chapter 84 of such title.“(3)(A) If, as of December 31, 1986, the individual is not subject to subchapter III of chapter 83 of title 5, United States Code, such individual may, during the 6-month period described in subsection (a)(1)(B)—“(i) elect to become subject to chapter 84 of such title; or“(ii) if such individual has not since made an election described in subparagraph (B), elect to become subject to subchapter III of chapter 83 of such title under the same terms and conditions as apply in the case of an individual described in section 8402(b)(2) of such title who is subject to such subchapter.“(B) Nothing in this paragraph shall be considered to preclude the individual from electing to become subject to subchapter III of chapter 83 of such title pursuant to notification under section 8331(2) of such title—“(i) during the period after December 31, 1986, and before July 1, 1987; or“(ii) after December 31, 1987, if such individual has not since become subject to subchapter III of chapter 83, or chapter 84, of such title.“(C) Any individual who becomes subject to subchapter III of chapter 83 of such title pursuant to notification under section 8331(2) of such title after December 31, 1986, shall become subject to such subchapter under the same terms and conditions as apply in the case of an individual described in section 8402(b)(2) of such title who is subject to such subchapter.“(c)Effective Date; Irrevocability.—An election made under this section—“(1) shall take effect beginning with the first pay period beginning after the date of the election; and“(2) shall be irrevocable.“(d)Condition for Making an Election; Extension To Satisfy Condition.—(1) An election under this section to become subject to chapter 84 of title 5, United States Code, shall not be considered effective in the case of an individual having one or more former spouses, unless the election is made with the written consent of such former spouse (or each such former spouse, if there is more than one).“(2)(A) This subsection applies with respect to a former spouse who (based on the service of the individual involved) is entitled to benefits under section 8341(h) or 8345(j) of title 5, United States Code, under the terms of a decree of divorce or annulment, or a court order or court-approved property settlement incident to any such decree, with respect to which the Office of Personnel Management has been duly notified.“(B) This subsection does not apply with respect to a former spouse who has ceased to be so entitled as a result of remarrying before age 55.“(3) The requirement under paragraph (1) shall be considered satisfied with respect to a former spouse if the individual seeking to make the election establishes to the satisfaction of the Office (in accordance with regulations prescribed by the Office)—“(A) that the former spouse’s whereabouts cannot be determined; or“(B) that, due to exceptional circumstances, requiring the individual to seek the former spouse’s consent would otherwise be inappropriate.“(4)(A) The Office shall, upon application of an individual, grant an extension for such individual to make an election referred to in paragraph (1) if such individual—“(i) files application for extension before the end of the period during which such individual would otherwise be eligible to make such election; and“(ii) demonstrates to the satisfaction of the Office that the extension is needed to secure the modification of a decree of divorce or annulment (or a court order or court-approved property settlement incident to any such decree) in order to satisfy the consent requirement under paragraph (1).“(B) An extension under this paragraph shall be for 6 months or for such longer period as the Office considers appropriate.“(e)Exclusions.—This section does not apply to an individual under section 8331(1)(G) of title 5, United States Code.

Notes of Decisions

Cited in 393 cases (67 in the last 5 years), 1968–2026 · leading case: William O. Schism and Robert Reinlie v. United States

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William O. Schism and Robert Reinlie v. United States (2002) cafc · cites it 38× “C § 1346(a)(2) (2000). The principal question before us is whether the promises made to the plaintiffs, older Air Force retirees, were within the authority of the Air Force Secretary under 5 U.”

Chrysler Corp. v. Brown (1979) scotus · cites it 8× “Pursuant to 5 U. S. C. § 301 , the enabling statute which gives federal department heads control over department records, the Secretary of Labor has promulgated a regulation, 29 CFR § 70.”

United States v. Janssen (2014) armfor · cites it 4× “In particular, the Government relies on 5 U.S.C. § 301 (2012), which empowers a department head to “prescribe regulations for the government of his department [and] the conduct of its employees,” and on 5 U.”

In Re Recalcitrant Witness Richard Boeh, Julia Gomez v. Daryl Gates, and United States of America (1994) ca9 · cites it 7× “22(a) was promulgated under the authority of the so-called “housekeeping statute,” 5 U.S.C. § 301 , which provides: The head of an Executive department .”

Willy v. Administrative Review Board (2005) ca5 · cites it 3× “6 of 1950 and in 5 U.S.C. § 301 vests the Sec *492 retary with ample authority to create the ARB, appoint its members, and delegate final decision-making authority to them.”

United States v. Concord Mgmt. & Consulting LLC (2018) cadc · cites it 7× “§§ 509 , 510, 516 ; 5 U.S.C. § 301 ; see also Manafort , 312 F.”

Watts v. Securities & Exchange Commission (2007) cadc · cites it 2× “See 5 U.S.C. § 301 (authorizing Touhy regulations but providing: “This section does not authorize withholding information from the public or limiting the availability of records to the public.”

William O. Schism and Robert L. Reinlie v. United States (2001) cafc · cites it 7× “The district court held, however, that the government’s representations were not contractually binding because they were in conflict with the military regulations that determined the health care benefits of the retirees and their dependents.”

In Re Bankers Trust Company (1995) ca6 · cites it 3× “The Federal Reserve also relies upon 5 U.S.C. § 301 , and 12 U.S.C. § 1844 (b).”

Mir Aimal Kasi v. Ronald J. Angelone, Director of the Virginia Department of Corrections (2002) ca4 · cites it 2× “He eventually sought and obtained an order from the state court directing the federal agencies to appear and explain their refusal to respond to the court’s subpoenas.”

Koopmann v. U.S. Dep't of Transp. (2018) ilsd · cites it 7× “The principal question is this case is whether application of the regulations to "former" employees is lawful, as the statute pursuant to which the regulations were enacted-the Housekeeping Statute, 5 U.S.C. § 301 -speaks only of "employees.”

Federal Bureau of Investigation v. Superior Court (2007) cand · cites it 4× “Although the DOJ does not have an absolute privilege to withhold information from the public, this Court cannot reach the merits of the Real Party in Interest’s arguments favoring disclosure at this time.”

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