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. § 3323
Automatic separations; reappointment; reemployment of annuitants
(a) An individual who reaches the retirement age prescribed for automatic separation applicable to him may not be continued in the civil service or in the government of the District of Columbia. An individual separated on account of age under a statute or regulation providing for retirement on account of age is not eligible for appointment in the civil service or in the government of the District of Columbia. The President, when in his judgment the public interest so requires, may except an individual from this subsection by Executive order. This subsection does not apply to an individual named by a statute providing for the continuance of the individual in the civil service or in the government of the District of Columbia.(b)(1) Notwithstanding other statutes, an annuitant, as defined by section 8331 or 8401, receiving annuity from the Civil Service Retirement and Disability Fund is not barred by reason of his retired status from employment in an appointive position for which the annuitant is qualified. An annuitant so reemployed, other than an annuitant reappointed under paragraph (2) of this subsection, serves at the will of the appointing authority.(2) Subject to such regulations as the Director of the Office of Personnel Management may prescribe, any annuitant to whom the first sentence of paragraph (1) of this subsection applies and who has served as an administrative law judge pursuant to an appointment under section 3105 of this title may be reappointed an administrative law judge under such section for a specified period or for such period as may be necessary for such administrative law judge to conduct and complete the hearing and disposition of one or more specified cases. The provisions of this title that apply to or with respect to administrative law judges appointed under section 3105 of this title shall apply to or with respect to administrative law judges reappointed under such section pursuant to the first sentence of this paragraph.(c) Notwithstanding subsection (a) of this section, a member of the Foreign Service retired under section 812 of the Foreign Service Act of 1980 is not barred by reason of his retired status from employment in a position in the civil service for which he is qualified. An annuitant so reemployed serves at the will of the appointing authority.(d) Notwithstanding subsection (a) of this section, the Chief of Engineers of the Army, under section 569a of title 33, may employ a retired employee whose expert assistance is needed in connection with river and harbor or flood control works. There shall be deducted from the pay of an employee so reemployed an amount equal to the annuity or retired pay allocable to the period of actual employment.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 422; Pub. L. 96–465, title II, § 2314(a), Oct. 17, 1980, 94 Stat. 2167; Pub. L. 98–224, § 2, Mar. 2, 1984, 98 Stat. 47; Pub. L. 102–378, § 2(10), Oct. 2, 1992, 106 Stat. 1347.)Historical and Revision Notes |
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(a) | 5 U.S.C. 715a. | June 30, 1932, ch. 314, § 204, 47 Stat. 404. |
(b) | 5 U.S.C. 2263(a). | July 31, 1956, ch. 804, § 401 “Sec. 13(a)”, 70 Stat. 757. |
(c) | 22 U.S.C. 915(c). | Sept. 8, 1960, Pub. L. 86–723, § 10(d), 74 Stat. 832. |
(d) | 33 U.S.C. 544a, 701l. | June 20, 1938, ch. 535, § 5, 52 Stat. 805. |
In subsection (a), the words “On and after July 1, 1932” are omitted as executed. The words “heretofore or hereafter” are omitted as unnecessary. The words “in the civil service” are substituted for “civilian service in any branch or service of the United States Government” and “to any appointive office, position, or employment under the United States” in view of the definition of “civil service” in section 2101.
In subsection (b), the words “receiving annuity from the Civil Service Retirement and Disability Fund” are substituted for “heretofore or hereafter retired under this chapter”. The word “authority” is substituted for “officer” in recognition of the several appointing authorities named in section 2105(a)(1).
In subsection (c), the words “Notwithstanding subsection (a) of this section” are substituted for “Notwithstanding the provisions of sections 62 and 715a of title 5” to reflect the codification of former section 715a in subsection (a) of this section and in view of the repeal of section 62 of title 5 by § 402(a)(7) of the Act of Aug. 19, 1964, Pub. L. 88–448, 78 Stat. 492. The words “heretofore or hereafter” and “hereafter” are omitted as unnecessary. The words “in a position in the civil service” are substituted for “in Federal Government service in any appointive position” in view of the definition of “civil service” in section 2101. The word “authority” is substituted for “officer” in recognition of the several appointing authorities named in section 2105(a)(1).
In subsection (d), the words “Notwithstanding subsection (a) of this section” are substituted for “The provisions of section 715a of title 5 shall not be so construed as to prevent” to reflect the codification of former section 715a in subsection (a) of this section, and to conform to the style of this section. The words “under section 569a of title 33” are substituted for “under agreement as authorized by sections 569a, 584a and 607a of title 33” on authority of the provision contained in section 569a of title 33. The word “employee” is coextensive with and substituted for “civilian employee” in view of the definition of “employee” in section 2105. The last sentence is restated for clarity.
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 NotesReferences in TextSection 812 of the Foreign Service Act of 1980, referred to in subsec. (c), is classified to section 4052 of Title 22, Foreign Relations and Intercourse.
Amendments1992—Subsec. (b)(1). Pub. L. 102–378 substituted “annuitant, as defined by section 8331 or 8401,” for “annuitant as defined by section 8331 of this title”.
1984—Subsec. (b). Pub. L. 98–224 designated existing provisions as par. (1), substituted “the annuitant” for “he” and inserted “, other than an annuitant reappointed under paragraph (2) of this subsection,”, and added par. (2).
1980—Subsec. (c). Pub. L. 96–465 substituted “member of the Foreign Service retired under section 812 of the Foreign Service Act of 1980” for “Foreign Service officer retired under section 1001 or 1002 of title 22 or a Foreign Service staff officer or employee retired under section 1063 of title 22”.
Statutory Notes and Related SubsidiariesEffective Date of 1980 AmendmentAmendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse.
Notes of Decisions
Samuel F. Vesser, Jr. v. Off. of Pers. Mgmt., 29 F.3d 600 (Fed. Cir. 1994).
· cites it 3× “5 U.S.C. § 3323 (b)(1) (1988). An annuitant is defined as “a former employee or Member who, on the basis of his service, meets all requirements of this sub-chapter for title to annuity and files claim therefor.”
Paul S. DAVIS, Plaintiff-Appellant, v. Donald J. DEVINE, Dir., Off. of Pers. Mgmt., Defendant-Appellee, 736 F.2d 1108 (6th Cir. 1984).
· cites it 3× “The complaint, and Devine’s decision not to certify Davis, invoked two federal laws: (1) 5 U.S.C. § 3323 (b), which permits government reemployment of a civil service annuitant in any position “for which he is qualified”, but which also mandates that the reemployed annuitant…”
Troutman v. United States, 51 Fed. Cl. 527 (Fed. Cl. 2002).
“ous conditions: 1) the waiver authority was vested with the Assistant Commissioner of Human Resources and Development, INS, or his or her headquarters’ delegate; 2) the authority only applied to temporary appointments of one year, with a one year renewal, for a term of not more…”
Delalat v. Dep't of the Air Force, 557 F.3d 1342 (Fed. Cir. 2009).
“5 U.S.C. § 3323 (b)(1). 2 By the express language of § 3323, a reemployed annuitant is an at-will employee — -that is, the reemployed annuitant may be terminated with or without cause.”
Davis v. Devine, 554 F. Supp. 1165 (W.D. Mich. 1983).
· cites it 5× “” 5 U.S.C. § 3323 (b). 1 The Administrative Procedure Act provides that an ALJ may be removed only for “good cause” established and determined by the Merit Systems Protection Board, after opportunity for hearing before the Board.”
Issarescu v. Cleland, 465 F. Supp. 657 (D.R.I. 1979).
· cites it 2× “Issarescu, after some negotiation, agreed to serve as a reemployed annuitant pursuant to 5 U.S.C. § 3323 . As an “annuitant”, Issarescu’s terms of employment were held on a year to year and, later, on a month to month basis.”
Moysey v. Andrus, 481 F. Supp. 850 (D.D.C. 1979).
“Defendants submit that their practice is mandated by the interrelationship of 5 U.S.C. §§ 3323 , 8337 & 8344 and that these statutes were not repealed by section 15(a) of the ADEÁ.”
Terrill v. Merit Sys. Prot. Bd., 610 F. App'x 982 (Fed. Cir. 2015).
“§ 9902 (g), she was a reemployed annuitant serving at will pursuant to 5 U.S.C. § 3323 (b)(1) with no right to appeal her termination.”
Rosemary Greenlaw v. Dep't of Labor (MSPB 2023).
· cites it 3× “¶6 Without holding the appellant’s requested hearing, the administrative judge issued an initial decision finding that she undisputedly was receiving a retirement annuity while an employee with the agency and thus had no appeal rights pursuant to 5 U.S.C. § 3323 (b)(1). IAF, Tab…”
Rodriguez v. Merit Sys. Prot. Bd., 683 F. App'x 932 (Fed. Cir. 2017).
· cites it 2× “5 U.S.C. § 3323 (emphasis added). In other words, there is nothing precluding retired annuitants from then seeking further employment with the federal government, but should they continue to receive annuity payments, such “reemployed annuitants” serve at will.”
Lawrence Zerman v. Dep't of the Army (MSPB 2023).
· cites it 2× “” 2 5 U.S.C. § 3323 (b)(1). As a consequence, a reemployed annuitant generally has no right to appeal his termination to the Board.”
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.