§ 2733. Reemployment of annuitants under the Civil Service Retirement System and Federal Employees’ Retirement System

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Pub. L. 109–234 title I § 1602(b)(1) · 120 Stat. 418

   Enacted · 22 U.S.C. § 2733

   Aug. 1, 1956, ch. 841, title I, § 61, as added Pub. L. 109–234, title I, § 1602(b)(1), June 15, 2006, 120 Stat. 441

   Source evidence

   Code source credit
   Aug. 1, 1956, ch. 841, title I, § 61, as added Pub. L. 109–234, title I, § 1602(b)(1), June 15, 2006, 120 Stat. 441

   Enacted provision · exact public law section
   (1) Department of state.— Title I of the Department of State Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is amended by adding at the end the following new section: “SEC. 61. REEMPLOYMENT OF ANNUITANTS UNDER THE CIVIL SERVICE RETIREMENT SYSTEM AND FEDERAL EMPLOYEES’ RETIREMENT SYSTEM. “(a) Authority.— “(1) In general.— To facilitate the assignment of persons to Iraq and Afghanistan or to posts vacated by members of the Service assigned to Iraq and Afghanistan, the Secretary of State may waive the application of the provisions of section 8344 or 8468 of title 5, United States Code, on a case-by-case basis for employment of an annuitant in a position in the Department of State for which there is exceptional difficulty in recruiting or retaining a qualified employee, or when a temporary emergency hiring need exists. “(2) Termination of authority.— The authority of the Secretary under paragraph (1) shall terminate on October 1, 2008. An annuitant reemployed pursuant to such authority prior to such termination date may be employed for a period ending not later than one year after such date. “(b) Procedures.— The Secretary should prescribe procedures for the exercise of any authority under subsection (a), including criteria for any exercise of authority and procedures for a delegation of authority. “(c) Annuitants Not Treated as Employees for Purposes of Retirement Benefits.— An employee for whom a waiver under this section is in effect shall not be considered an employee for purposes of subchapter III of chapter 83, or chapter 84 of title 5, United States Code.” .

2. 2009

   Pub. L. 111–32 title XI § 1115(c)(2) · 123 Stat. 1859

   Inserted · 22 U.S.C. § 2733(a)(1)

   Pub. L. 111–32 inserted “, Pakistan,” after “Iraq” in two places

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 111–32 inserted “, Pakistan,” after “Iraq” in two places.

   Enacted provision · exact public law section
   (2) Section 61 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2733) is amended in subsection (a)(1) by adding “, Pakistan,” after “Iraq” each place it appears; and, in subsection (a)(2) by striking “2008” and inserting instead “2010”.

3. 2009

   Pub. L. 111–32 title XI § 1115(c)(2) · 123 Stat. 1859

   Substituted · 22 U.S.C. § 2733(a)(2)

   Pub. L. 111–32 substituted “2010” for “2008”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 111–32 substituted “2010” for “2008”.

   Enacted provision · exact public law section
   (2) Section 61 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2733) is amended in subsection (a)(1) by adding “, Pakistan,” after “Iraq” each place it appears; and, in subsection (a)(2) by striking “2008” and inserting instead “2010”.

4. 2016

   Department of State Authorities Act, Fiscal Year 2017

   Pub. L. 114–323 title IV § 405(b) · 130 Stat. 1905

   Amended · 22 U.S.C. § 2733(a)

   Pub. L. 114–323 amended subsec. (a) generally. Prior to amendment, subsec. (a) related to authority of the Secretary of State to waive application of provisions of section 8344 or 8468 of title 5 on a case-by-case basis for employment of certain annuitants to facilitate the assignment of persons to Iraq, Pakistan, and Afghanistan or to posts vacated by members of the Service assigned to Iraq, Pakistan, and Afghanistan and terminated the Secretary’s authority as of Oct. 1, 2010

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 114–323 amended subsec. (a) generally. Prior to amendment, subsec. (a) related to authority of the Secretary of State to waive application of provisions of section 8344 or 8468 of title 5 on a case-by-case basis for employment of certain annuitants to facilitate the assignment of persons to Iraq, Pakistan, and Afghanistan or to posts vacated by members of the Service assigned to Iraq, Pakistan, and Afghanistan and terminated the Secretary’s authority as of Oct. 1, 2010.

   Enacted provision · exact public law section
   (b) Repeal of Sunset Provision.— Subsection (a) of section 61 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2733) is amended to read as follows: “(a) Authority.— The Secretary of State may waive the application of section 8344 or 8468 of title 5, United States Code, on a case-by-case basis, for employment of an annuitant in a position in the Department of State for which there is exceptional difficulty in recruiting or retaining a qualified employee, or when a temporary emergency hiring need exists.” .

4 of 4 references resolved to an enrolled provision