U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart B— Employment and Retention › Chapter CHAPTER 33— EXAMINATION, SELECTION, AND PLACEMENT › Subchapter SUBCHAPTER I— EXAMINATION, CERTIFICATION, AND APPOINTMENT

5 U.S.C. § 3315

Registers; preference eligibles furloughed or separated

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(a) A preference eligible who has been separated or furloughed without delinquency or misconduct, on request, is entitled to have his name placed on appropriate registers and employment lists for every position for which his qualifications have been established, in the order named by section 3313 of this title. This subsection applies to registers and employment lists maintained by the Office of Personnel Management, an Executive agency, or the government of the District of Columbia.(b) The Office may declare a preference eligible who has been separated or furloughed without pay under section 7512 of this title to be entitled to the benefits of subsection (a) of this section.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 420; Pub. L. 96–54, § 2(a)(14), (15), Aug. 14, 1979, 93 Stat. 382.)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

(a)

5 U.S.C. 864 (1st sentence).

June 27, 1944, ch. 287 § 15 (1st sentence), 58 Stat. 391.

(b)

5 U.S.C. 863 (2d proviso).

June 27, 1944, ch. 287, § 14 (2d proviso), 58 Stat. 391.

In subsection (a), the term “Executive agency” is substituted for “any agency or project of the Federal Government” on authority of former section 869. The last 28 words of the 1st sentence of former section 864 relating to recertification and reappointment are omitted since under sections 3317 and 3318(a) certification and appointment follow from placing on registers.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial NotesAmendments

1979—Subsec. (a). Pub. L. 96–54, § 2(a)(14), substituted “Office of Personnel Management” for “Civil Service Commission”.

Subsec. (b). Pub. L. 96–54, § 2(a)(15), substituted “Office” for “Commission”.

Statutory Notes and Related SubsidiariesEffective Date of 1979 Amendment

Amendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title.

Notes of Decisions
Cited in 12 cases, 1975–2011 · leading case: Wathen v. United States, 208 Ct. Cl. 342 (Ct. Cl. 1975).
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Wathen v. United States, 208 Ct. Cl. 342 (Ct. Cl. 1975). · cites it 3× “§ 863 (1964) [now 5 U.S.C. §§ 3315 , 7512, 7701], provides, in part: “No permanent or indefinite preference eligible, who has completed a probationary or trial period employed in the civil service, or in any establishment, agency, bureau, administration, project, or department,…”
John F. Roberto v. Dep't of the Navy, 440 F.3d 1341 (Fed. Cir. 2006). “” 5 U.S.C. § 3315 (a) (2000). OPM has adopted regulations to implement the requirements of section 3315.”
George Noble v. Tennessee Valley Auth., 892 F.2d 1013 (Fed. Cir. 1989). · cites it 2× “Although Noble specifically raised the issue, the Board did not consider his claim that the TVA had violated his reemployment rights under 5 U.S.C. § 3315 (1988). In this court, Noble has abandoned his discrimination claims, instead basing his petition solely on the failure of…”
Michael Carley v. Dep't of the Army, 413 F.3d 1354 (Fed. Cir. 2005). “The Office of Personnel Management (“OPM”) has allowed agencies to use PPP procedures in lieu of formal RIFs for Reemployment Priority List (“RPL”) rights under 5 U.S.C. § 3315 . OPM has promulgated RPL regulations that state: (c) An agency need not maintain a distinct RPL for…”
Jerry C. Sturdy v. Dep't of the Army, 440 F.3d 1328 (Fed. Cir. 2006). “” 5 U.S.C. § 3315 (a) (2000). The Office of Personnel Management (“OPM”) has adopted regulations to implement the requirements of section 3315.”
Romeo M. Rasing v. Dep't of the Navy, 444 F.3d 1349 (Fed. Cir. 2006). “” 5 U.S.C. § 3315 (a) (2000). The Office of Personnel Management (“OPM”) has adopted regulations to implement the requirements of section 3315.”
Burroughs v. Merit Sys. Prot. Bd., 417 F. App'x 964 (Fed. Cir. 2011). “The remainder of Section 14 of the VPA was codified at 5 U.S.C. §§ 3315 and 7701. See H.R.Rep. No.”
George Noble v. Tennessee Valley Auth., 876 F.2d 1580 (Fed. Cir. 1989). “Title 5 U.S.C. § 3315 (1982) provides in part: (a) A preference eligible who has been separated or furloughed without delinquency or misconduct, on request, is entitled to have his name placed on appropriate registers and employment lists for every position for which his…”
Rasing v. Dep't of the Navy, No. 2005-3053 (Fed. Cir. Apr. 7, 2006). “” 5 U.S.C. § 3315 (a) (2000). The Office of Personnel Management (“OPM”) has adopted regulations to implement the requirements of section 3315.”
Roberto v. Dept. Of the Navy, No. 2005-3043 (Fed. Cir. Mar. 22, 2006). “” 5 U.S.C. § 3315 (a) (2000). OPM has adopted regulations to 1 The relevant provisions of the Code of Federal Regulations have not been amended since 2001, when Mr.”
Sturdy v. Dept. Of the Army, No. 2005-3045 (Fed. Cir. Mar. 13, 2006). “” 5 U.S.C. § 3315 (a) (2000). The Office of Personnel Management (“OPM”) has adopted regulations to implement the requirements of section 3315.”
Carley v. Dept. Of the Army, No. 2004-3300 (Fed. Cir. June 28, 2005). “04-3300 5 agencies to use PPP procedures in lieu of formal RIFs for Reemployment Priority List ("RPL") rights under 5 U.S.C. § 3315 . OPM has promulgated RPL regulations that state: (c) An agency need not maintain a distinct RPL for employees separated by reduction in force if…”
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