5 U.S.C. § 6312

Accrual and accumulation for former ASCS county office and nonappropriated fund employees

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 5 CasesGoogle Scholar
(a) Credit shall be given in determining years of service for the purpose of section 6303(a) for—(1) service as an employee of a county committee established pursuant to section 8(b) of the Soil Conservation and Allotment Act or of a committee or an association of producers described in section 10(b) of the Agricultural Adjustment Act; and(2) service under a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c) by an employee who has moved without a break in service of more than 3 days to a position subject to this subchapter in the Department of Defense or the Coast Guard, respectively.(b) The provisions of subsections (a) and (b) of section 6308 for transfer of leave between leave systems shall apply to the leave systems established for such county office employees and employees of such Department of Defense and Coast Guard nonappropriated fund instrumentalities, respectively.(Added Pub. L. 90–367, § 2(a), June 29, 1968, 82 Stat. 277; amended Pub. L. 90–623, § 1(25), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 99–251, title III, § 306(c), Feb. 27, 1986, 100 Stat. 27; Pub. L. 101–508, title VII, § 7202(i)(1), Nov. 5, 1990, 104 Stat. 1388–337.)Editorial NotesReferences in Text

Section 8(b) of the Soil Conservation and Allotment Act, referred to in subsec. (a)(1), probably means section 8(b) of the Soil Conservation and Domestic Allotment Act, which is classified to section 590h(b) of Title 16, Conservation.

Section 10(b) of the Agricultural Adjustment Act, referred to in subsec. (a)(1), is classified to section 610(b) of Title 7, Agriculture.

Amendments

1990—Pub. L. 101–508 inserted “and nonappropriated fund” after “office” in section catchline and amended text generally. Prior to amendment, text read as follows: “Service rendered as an employee of a county committee established pursuant to section 590h(b) of title 16, or of a committee or an association of producers described in section 610(b) of title 7, shall be included in determining years of service for the purpose of section 6303(a) of this title. The provisions of section 6308 of this title for transfer of annual and sick leave between leave systems shall apply to the leave system established for such employees.”

1986—Pub. L. 99–251 struck out “in the case of any officer or employee in or under the Department of Agriculture” at end of first sentence.

1968—Pub. L. 90–623 substituted “section 590h(b) of title 16” and “section 610(b) of title 7” for “section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b))” and “section 10(b) of the Agricultural Adjustment Act of May 12, 1933 (48 Stat. 37)” respectively.

Statutory Notes and Related SubsidiariesEffective Date of 1990 Amendment

Amendment by Pub. L. 101–508 applicable with respect to any individual who, on or after Jan. 1, 1987, moves from employment in nonappropriated fund instrumentality of Department of Defense or Coast Guard, that is described in section 2105(c) of this title, to employment in Department or Coast Guard, that is not described in section 2105(c), or who moves from employment in Department or Coast Guard, that is not described in section 2105(c), to employment in nonappropriated fund instrumentality of Department or Coast Guard, that is described in section 2105(c), see section 7202(m)(1) of Pub. L. 101–508, set out as a note under section 2105 of this title.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Notes of Decisions
Cited in 5 cases, 1990–1998 · leading case: Miller v. U.S. Dep't of Agric. Farm Servs. Agency, 143 F.3d 1413 (11th Cir. 1998).
Miller v. U.S. Dep't of Agric. Farm Servs. Agency, 143 F.3d 1413 (11th Cir. 1998). · cites it 2× “§ 3502 (a)(4)(C)(i), and for their rights to annual leave and transfer, 5 U.S.C. § 6312 (a)(1). Id. Further, the Moore court observed that, when Congress has wished to confer CSRA "employee status" on ASCS county staffers, it has done so by express terms, as in its inclusion of…”
Jon Hedman v. Dep't of Agric., 915 F.2d 1552 (Fed. Cir. 1990). “§ 5595 (a)(2)(B) (1988) (Severance Pay Act); 5 U.S.C. § 6312 (1988) (ASCS County service included in determining years of service for annual and sick leave calculations of "employees”); 5 U.”
Moore v. Glickman, 113 F.3d 988 (9th Cir. 1997). “§ 3502 (a)(4)(C)(i), and for their rights to annual leave and transfer, 5 U.S.C. § 6312 (a)(1). When Congress has chosen to confer employee status on ASCS county staff, it has done so in express terms.”
Miller v. U.S. Dep't of Agric. Farm Servs. Agency, 966 F. Supp. 1087 (N.D. Ala. 1997). “§ 5595 (a)(2)(B)) and annual and sick leave ( 5 U.S.C. § 6312 (a)(1)). In ’addition, county ASCS employees who transfer to CSRA-cov-ered positions are entitled to credit for their ASCS service when reduction in force actions are taken.”
Miller v. USDA Farm Servs. Agency, 143 F.3d 1413 (11th Cir. 1998). “§ 3502 (a)(4)(C)(i), and for their rights to annual leave and transfer, 5 U.S.C. § 6312 (a)(1). Id. Further, the Moore court observed that, when Congress has wished to confer CSRA “employee status” on ASCS county staffers, it has done so by express terms, as in its inclusion of…”
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.