U.S. Code
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Title 5
» Part PART III— EMPLOYEES › Subpart Subpart B— Employment and Retention › Chapter CHAPTER 35— RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE PAYMENTS, RESTORATION, AND REEMPLOYMENT › Subchapter SUBCHAPTER I— RETENTION PREFERENCE
5 U.S.C. § 3501
Definitions; application
(a) For the purpose of this subchapter, except section 3504—(1) “active service” has the meaning given it by section 101 of title 37;(2) “a retired member of a uniformed service” means a member or former member of a uniformed service who is entitled, under statute, to retired, retirement, or retainer pay on account of his service as such a member; and(3) a preference eligible employee who is a retired member of a uniformed service is considered a preference eligible only if—(A) his retirement was based on disability—(i) resulting from injury or disease received in line of duty as a direct result of armed conflict; or(ii) caused by an instrumentality of war and incurred in the line of duty during a period of war as defined by sections 101 and 1101 of title 38;(B) his service does not include twenty or more years of full-time active service, regardless of when performed but not including periods of active duty for training; or(C) on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed without a break in service of more than 30 days.(b) Except as otherwise provided by this subsection and section 3504 of this title, this subchapter applies to each employee in or under an Executive agency. This subchapter does not apply to an employee whose appointment is required by Congress to be confirmed by, or made with the advice and consent of, the Senate or to a member of the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 428; Pub. L. 94–183, § 2(8), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95–454, title IV, § 404(a), Oct. 13, 1978, 92 Stat. 1165; Pub. L. 100–325, § 2(e), May 30, 1988, 102 Stat. 581; Pub. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406.)Historical and Revision Notes |
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(a)(1), (2) | 5 U.S.C. 3101 (as applicable to 5 U.S.C. 861). | Aug. 19, 1964, Pub. L. 88–448, § 101 (as applicable to § 202), 78 Stat. 484. |
(a)(3) | 5 U.S.C. 861(b). | June 27, 1944, ch. 287, § 12(b); added Aug. 19, 1964, Pub. L. 88–448, § 202(4) (“(b)”), 78 Stat. 486. |
In subsection (a), the definitions of “uniformed services” and “armed forces” are omitted as unnecessary in view of the definitions in section 2101. The definition of “civilian office” is omitted as unnecessary as subsection (b) of this section states the application of this subchapter.
In subsection (a)(3), the words “Notwithstanding any other provision of this Act” are omitted as unnecessary. The words “preference eligible employee” are coextensive with and substituted for “employee * * * included under section 2 of this Act” in view of the definition of preference eligible in section 2108. In paragraph (3)(C), the words “on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed” are substituted for “immediately prior to the effective date of this subsection, he was employed in a civilian office to which this Act applies and, on and after such date, he continues to be employed in any such office”.
Subsection (b) is supplied on authority of sections 2, 12, and 20 of the Act of June 27, 1944, ch. 287, 58 Stat. 387, 391, which are carried into this title.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preference to the report.
Editorial NotesAmendments1991—Subsec. (a)(3)(A)(ii). Pub. L. 102–83 substituted reference to section 1101 of title 38 for reference to section 301 of title 38.
1988—Subsec. (b). Pub. L. 100–325 inserted reference to Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.
1978—Subsec. (b). Pub. L. 95–454 inserted reference to a member of Senior Executive Service.
1975—Subsec. (b). Pub. L. 94–183 struck out “, except an employee whose appointment is made under section 3311 of title 39” after “or made with the advice and consent of, the Senate”.
Statutory Notes and Related SubsidiariesEffective Date of 1978 AmendmentAmendment by Pub. L. 95–454 effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415 of Pub. L. 95–454, set out as an Effective Date note under section 3131 of this title.
Notes of Decisions
Nixon v. Fitzgerald, 457 U.S. 731 (1982).
· cites it 2× “5 U. S. C. §§ 3501 , 3502 (1976 ed. and Supp.”
Raymond E. Dodd v. Tennessee Valley Auth., 770 F.2d 1038 (Fed. Cir. 1985).
· cites it 2× “II As a preference eligible employee within the meaning of 5 U.S.C. § 3501 (a)(3)(B), the Veterans’ Preference Act of 1944 § 12, 5 U.”
Larry D. Starkey v. Dep't of the Navy, 198 F.3d 851 (Fed. Cir. 2000).
· cites it 2× “The present dispute turns on the construction of 5 U.S.C. § 3501 (a) (1994), which states, in relevant part: § 3501.”
William J. Thurman v. Tennessee Valley Auth., 533 F.2d 180 (5th Cir. 1976).
· cites it 3× “Reviewing a determination of the Civil Service Commission, the district court held the preference to be inapplicable in light of the positive requirements of the Veterans Preference Act, 5 U.S.C.A. §§ 3501 et seq. The district court further concluded that, under the terms of the…”
Am. Fed'n of Gov't Employees TSA Local 1 v. Hawley, 481 F. Supp. 2d 72 (D.D.C. 2006).
“In enacting ATSA § 111(d) Congress intended to invest the Under Secretary with authority to exempt airport *90 security screeners from the employee protections of federal personnel laws, including the Veterans’ Preference Act of 1944, 5 U.S.C. § 3501 et seq. (contained within…”
Springs v. Stone, 362 F. Supp. 2d 686 (E.D. Va. 2005).
“390 , as codified in 5 U.S.C. § 3501 eb seq., because it did not give due consideration to tenure of employment, military status, length of service, and efficiency ranges; (3) that the RIF procedures constitute an arbitrary and capricious action by a federal agency in violation…”
Crowley v. United States, 208 Ct. Cl. 415 (Ct. Cl. 1975).
“The greater portion of plaintiffs’ briefs and arguments in support of the above contentions rely on 5 U.S.C. §§ 3501 et seg. ¡and the reduction-in-force regulations promulgated thereunder by the CSC, 5 C.”
Balderman v. United States Vets. Admin., 666 F. Supp. 461 (W.D.N.Y. 1987).
“Administrative Procedure Act In the first cause of action in his complaint, plaintiff Balderman argues that defendant violated the requirements of 5 U.S.C. § 3501 et seq., and 5 C.F.R. Part 351 by not establishing a “retention register and a ‘tenure system’ ” at the Veterans…”
Young v. Fed. Mediation & Conciliation Serv., 66 F. App'x 858 (Fed. Cir. 2003).
· cites it 2× “However, once appointment to a position has occurred, and such applicant is a "preference eligible employee within the meaning of 5 U.S.C. § 3501 (a)(3)(B), the Veterans' Preference Act of 1944 § 12, 5 U.”
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