Title 5 — Government Organization and Employees
Part III · Chapter 35 — Retention Preference, Voluntary Separation Incentive Payments, Restoration, and Reemployment
§ 3501. Definitions; application
Statutory text
For the purpose of this subchapter, except section 3504—
“active service” has the meaning given it by section 101 of title 37;
“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
a preference eligible employee who is a retired member of a uniformed service is considered a preference eligible only if—
his retirement was based on disability—
resulting from injury or disease received in line of duty as a direct result of armed conflict; or
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;
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
on , 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.
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.
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.
Pub. L. 89–554 · 80 Stat. 378
Enacted · 5 U.S.C. § 3501
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 428
Source evidence
Code source credit
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 428Pub. L. 94–183 § 2(8) · 89 Stat. 1057
Struck · 5 U.S.C. § 3501(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(8) In section 3501(b) strike out “, except an employee whose appointment is made under section 3311 to title 39”;Pub. L. 95–454 title IV § 404(a) · 92 Stat. 1111
Inserted · 5 U.S.C. § 3501(b)
Pub. L. 95–454 inserted reference to a member of Senior Executive Service
Source evidence
Code amendment note
Subsec. (b). Pub. L. 95–454 inserted reference to a member of Senior Executive Service.Enacted provision · exact public law section
(a) Section 3501(b) of title 6, United States Code, is amended by striking out the period at the end thereof and inserting in lieu thereof: “or to a member of the Senior Executive Service.”.Effective date note
Amendment 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.Pub. L. 100–325 § 2(e) · 102 Stat. 579
Inserted · 5 U.S.C. § 3501(b)
Pub. L. 100–325 inserted reference to Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service
Source evidence
Code amendment note
Subsec. (b). Pub. L. 100–325 inserted reference to Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.Enacted provision · exact public law section
(e) Section 3501(b) of title 5, United States Code, is amended by striking “Service.” and inserting “Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.”.Pub. L. 102–83 § 5(c)(2) · 105 Stat. 378
Substituted · 5 U.S.C. § 3501(a)(3)(A)(ii)
Pub. L. 102–83 substituted reference to section 1101 of title 38 for reference to section 301 of title 38
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(2) Any reference in a provision of law other than title 38, United States Code, to a section redesignated by subsection (a) shall be deemed to refer to the section as so redesignated.
4 of 5 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Derivation | U.S. Code | Revised Statutes andStatutes at Large |
| (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 , 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 Notes
Amendments1975–1991 · 4 rounds
1991
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 Subsidiaries
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–454 effective 9 months after , 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.
Credits
1966–1991 · 5 acts
- 1966Pub. L. 89–554, , 80 Stat. 428
- 1975Pub. L. 94–183, § 2(8), , 89 Stat. 1057
- 1978Pub. L. 95–454, title IV, § 404(a), , 92 Stat. 1165
- 1988Pub. L. 100–325, § 2(e), , 102 Stat. 581
- 1991Pub. L. 102–83, § 5(c)(2), , 105 Stat. 406.
Show as published
(Pub. L. 89–554, , 80 Stat. 428; Pub. L. 94–183, § 2(8), , 89 Stat. 1057; Pub. L. 95–454, title IV, § 404(a), , 92 Stat. 1165; Pub. L. 100–325, § 2(e), , 102 Stat. 581; Pub. L. 102–83, § 5(c)(2), , 105 Stat. 406.)