§ 8716. Regulations

Statutory text

The Office of Personnel Management may prescribe regulations necessary to carry out the purposes of this chapter.

The regulations of the Office may prescribe the time at which and the conditions under which an employee is eligible for coverage under this chapter. The Office, after consulting the head of the agency or other employing authority concerned, may exclude an employee on the basis of the nature and type of his employment or conditions pertaining to it, such as short-term appointment, seasonal, intermittent employment, and employment of like nature. The Office may not exclude—

an employee or group of employees solely on the basis of the hazardous nature of employment;

a teacher in the employ of the Board of Education of the District of Columbia, whose pay is fixed by section 1501 of title 31, District of Columbia Code, on the basis of the fact that the teacher is serving under a temporary appointment if the teacher has been so employed by the Board for a period or periods totaling not less than two school years; or

an employee who is occupying a position on a part-time career employment basis (as defined in section 3401(2) of this title).

The Secretary of Agriculture shall prescribe regulations to effect the application and operation of this chapter to an individual named by section 8701(a)(8) of this title.

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.

1966
Pub. L. 89–554 · 80 Stat. 378
Enacted · 5 U.S.C. § 8716
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 599
Source evidence
Code source credit
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 599
1978
Pub. L. 95–437 § 4(b) · 92 Stat. 1055
1. Substituted · 5 U.S.C. § 8716(b)
  Pub. L. 95–437 substituted “intermittent employment” for “intermittent or part-time employment” in provision preceding par. (1)
2. Added · 5 U.S.C. § 8716(b)
  Pub. L. 95–437 added par. (3)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 95–437 substituted “intermittent employment” for “intermittent or part-time employment” in provision preceding par. (1), and added par. (3).
Enacted provision · exact public law section
(b) Section 8716 (b) of such title 5 is amended— (1) by striking out of the second sentence “or part-time”; (2) by striking out “or” at the end of clause (1); (3) by striking out the period at the end of clause (2) and inserting in lieu thereof “; or”; and (4) by adding at the end thereof the following: “(3) an employee who is occupying a position on a part-time career employment basis (as defined in section 3391(2) of this title).”.
1978
Pub. L. 95–454 § 906(a)(2) · 92 Stat. 1111
Substituted · 5 U.S.C. § 8716(a)
Pub. L. 95–454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 95–454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”.
Enacted provision · exact public law section
(2) in sections 1301, 1302, 1304, 1308, 2105, 2951, 3110, 3304a, 3308, 3312, 3314, 3318, 3324, 3325, 3344, 3351, 3363, 3373, 3502, 3504, 4102, 4106, 4113-4118, 5102, 5103, 5105, 5107, 5110–5115, 5303, 5304, 5333, 5334, 5335(b), 5336, 5338, 5343, 5346, 5347, 5351, 5352, 5371 (as redesignated in section 801(a) (3) (A) (ii) of this Ante, p. 1218. Act), 5372 (as redesignated in such section 801(a) (3) (A) (ii)), 5374 (as redesignated in such section 801(a) (3) (A) (i i)) , 5504, 5533, 5545, 5548, 5723, 6101, 6304-6306, 6308, 6311, 6322, 6326, 7203 (as redesignated in section 703(a)(1) of this Act), 7204 Ante, p. 1216. (as redesignated in such section 703(a) (1)), 7312, 8151, 8331, 8332, 8334, 8337, 8339–8343, 8345, 8346, 8347(a), 8348, 8501, 8701–8712, 8714, 8714a, 8716, 8901–8903, 8905, 8907–8910, and 8913, by striking out “Civil Service Commission” and inserting in lieu thereof “Office of Personnel Management”;
Effective date note
Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
1978
Pub. L. 95–454 § 906(a)(3) · 92 Stat. 1111
Substituted · 5 U.S.C. § 8716(b)
Pub. L. 95–454, § 906(a)(3), substituted “Office” for “Commission” wherever appearing
Source evidence
Code amendment note
Subsec. (b). Pub. L. 95–454, § 906(a)(3), substituted “Office” for “Commission” wherever appearing.
Enacted provision · exact public law section
(3) in sections 1302, 1304, 1308, 2951, 3304a, 3308, 3312, 3317b, 3318, 3324, 3351, 3363, 3504, 4106, 4113–4115, 4117, 4118, 5105, 5107, 5110–5112, 5114, 5333, 5343, 5346, 5545, 5548, 5723, 6304, 6405, 7312, 8331, 8332, 8337, 8339-8343, 8345, 8346, 8347(a)–(c) and (e)–(h) , 8348, 8702, 8704–8707, 8709–8712, 8714a, 8716,8901–8903, 8905, 8907, 8909, 8910, and 8913 (as such sections are amended in paragraph (2) of this subsection), by striking out “Commission” each place it appears and inserting in lieu thereof “Office”;
Effective date note
Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
1978
Pub. L. 95–454 § 906(c)(2)(F) · 92 Stat. 1111
Substituted · 5 U.S.C. § 8716(b)
Pub. L. 95–454, § 906(c)(2)(F), (G), substituted “3401” for “3391” in par. (3)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 95–454, § 906(c)(2)(F), (G), substituted “3401” for “3391” in par. (3).
Enacted provision · exact public law section
(F) Sections 8347(g), 8716(b) (3), 8913(b) (3), and 8906(b) (3) of such title 5 are each amended by striking out “section 3391 (2)” and inserting in lieu thereof “section 3401 (2)”.
Effective date note
Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

5 of 6 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision

Historical and Revision Notes
Derivation	U.S. Code	Revised Statutes andStatutes at Large
(a)	5 U.S.C. 2100 (less applicability to 5 U.S.C. 2099).	Aug. 17, 1954, ch. 752, § 11 (less applicability to § 10), 68 Stat. 742.
(b), (c)	5 U.S.C. 2091(a) (words between 6th and 7th commas of 1st sentence and 2d sentence), (d) (words between 1st and 2d commas of 1st sentence, and 2d sentence).	Aug. 17, 1954, ch. 752, § 2(a) (words between 6th and 7th commas of 1st sentence and 2d sentence), 68 Stat. 736.July 1, 1960, Pub. L. 86–568, § 115(c) “(d) (words between 1st and 2d commas of 1st sentence, and 2d sentence)”, 74 Stat. 302.
		Oct. 6, 1964, Pub. L. 88–631, § 2, 78 Stat. 1007.

In subsection (a), the words “Except as otherwise provided herein” are omitted as unnecessary since the authority to prescribe regulations is carried into this section.

In subsection (b), the words “section 1501 of title 31, District of Columbia Code” are substituted for “section 1 of the District of Columbia Teachers’ Salary Act of 1955 (69 Stat. 521), as amended (Sec. 31–1501, D.C. Code, 1961 edition)”.

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 Notes

Amendments

1978—Subsec. (a). Pub. L. 95–454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”.

Subsec. (b). Pub. L. 95–454, § 906(a)(3), substituted “Office” for “Commission” wherever appearing.

Pub. L. 95–437 substituted “intermittent employment” for “intermittent or part-time employment” in provision preceding par. (1), and added par. (3).

Pub. L. 95–454, § 906(c)(2)(F), (G), substituted “3401” for “3391” in par. (3).

Statutory Notes and Related Subsidiaries

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

Credits

1966–1978 · 3 acts

1966Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 599
1978Pub. L. 95–437, § 4(b), Oct. 10, 1978, 92 Stat. 1058
1978Pub. L. 95–454, title IX, § 906(a)(2), (3), (c)(2)(F), (G), Oct. 13, 1978, 92 Stat. 1224, 1227.

Show as published

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 599; Pub. L. 95–437, § 4(b), Oct. 10, 1978, 92 Stat. 1058; Pub. L. 95–454, title IX, § 906(a)(2), (3), (c)(2)(F), (G), Oct. 13, 1978, 92 Stat. 1224, 1227.)