
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC2108]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart A--General Provisions
 
                         CHAPTER 21--DEFINITIONS
 
Sec. 2108. Veteran; disabled veteran; preference eligible

    For the purpose of this title-
        (1) ``veteran'' means an individual who-
            (A) served on active duty in the armed forces during a war, 
        in a campaign or expedition for which a campaign badge has been 
        authorized, or during the period beginning April 28, 1952, and 
        ending July 1, 1955;
            (B) served on active duty as defined by section 101(21) of 
        title 38 at any time in the armed forces for a period of more 
        than 180 consecutive days any part of which occurred after 
        January 31, 1955, and before October 15, 1976, not including 
        service under section 12103(d) of title 10 pursuant to an 
        enlistment in the Army National Guard or the Air National Guard 
        or as a Reserve for service in the Army Reserve, Naval Reserve, 
        Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve; 
        or
            (C) served on active duty as defined by section 101(21) of 
        title 38 in the armed forces during the period beginning on 
        August 2, 1990, and ending on January 2, 1992;

    and who has been separated from the armed forces under honorable 
    conditions;
        (2) ``disabled veteran'' means an individual who has served on 
    active duty in the armed forces, has been separated therefrom under 
    honorable conditions, and has established the present existence of a 
    service-connected disability or is receiving compensation, 
    disability retirement benefits, or pension because of a public 
    statute administered by the Department of Veterans Affairs or a 
    military department;
        (3) ``preference eligible'' means, except as provided in 
    paragraph (4) of this section--
            (A) a veteran as defined by paragraph (1)(A) of this 
        section;
            (B) a veteran as defined by paragraph (1)(B) or (C) of this 
        section;
            (C) a disabled veteran;
            (D) the unmarried widow or widower of a veteran as defined 
        by paragraph (1)(A) of this section;
            (E) the wife or husband of a service-connected disabled 
        veteran if the veteran has been unable to qualify for any 
        appointment in the civil service or in the government of the 
        District of Columbia;
            (F) the mother of an individual who lost his life under 
        honorable conditions while serving in the armed forces during a 
        period named by paragraph (1)(A) of this section, if--
                (i) her husband is totally and permanently disabled;
                (ii) she is widowed, divorced, or separated from the 
            father and has not remarried; or
                (iii) she has remarried but is widowed, divorced, or 
            legally separated from her husband when preference is 
            claimed; and

            (G) the mother of a service-connected permanently and 
        totally disabled veteran, if--
                (i) her husband is totally and permanently disabled;
                (ii) she is widowed, divorced, or separated from the 
            father and has not remarried; or
                (iii) she has remarried but is widowed, divorced, or 
            legally separated from her husband when preference is 
            claimed;

    but does not include applicants for, or members of, the Senior 
    Executive Service, the Defense Intelligence Senior Executive 
    Service, the Senior Cryptologic Executive Service, or the Federal 
    Bureau of Investigation and Drug Enforcement Administration Senior 
    Executive Service;
        (4) except for the purposes of chapters 43 and 75 of this title, 
    ``preference eligible'' does not include a retired member of the 
    armed forces unless--
            (A) the individual is a disabled veteran; or
            (B) the individual retired below the rank of major or its 
        equivalent; and

        (5) ``retired member of the armed forces'' means a member or 
    former member of the armed forces who is entitled, under statute, to 
    retired, retirement, or retainer pay on account of service as a 
    member.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 410; Pub. L. 90-83, Sec. 1(6), 
Sept. 11, 1967, 81 Stat. 196; Pub. L. 90-623, Sec. 1(2), Oct. 22, 1968, 
82 Stat. 1312; Pub. L. 92-187, Sec. 1, Dec. 15, 1971, 85 Stat. 644; Pub. 
L. 94-502, title VII, Sec. 702, Oct. 15, 1976, 90 Stat. 2405; Pub. L. 
95-454, title III, Sec. 307(a), title IV, Sec. 401(d), Oct. 13, 1978, 92 
Stat. 1147, 1154; Pub. L. 96-54, Sec. 2(a)(8), (9)(A), Aug. 14, 1979, 93 
Stat. 381; Pub. L. 96-191, Sec. 8(a), Feb. 15, 1980, 94 Stat. 33; Pub. 
L. 97-89, title VIII, Sec. 801, Dec. 4, 1981, 95 Stat. 1161; Pub. L. 
100-325, Sec. 2(a), May 30, 1988, 102 Stat. 581; Pub. L. 102-54, 
Sec. 13(b)(1), June 13, 1991, 105 Stat. 274; Pub. L. 105-85, div. A, 
title XI, Sec. 1102(a), (c), Nov. 18, 1997, 111 Stat. 1922; Pub. L. 105-
339, Sec. 4(a), Oct. 31, 1998, 112 Stat. 3185.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 851 (less 1st 76     June 27, 1944, ch.
                      words).                       287, Sec.  2 (less
                                                    1st 76 words), 58
                                                    Stat. 387.
                     ............................  Jan. 19, 1948, ch. 1,
                                                    Sec.  1, 62 Stat. 3.
                     ............................  July 2, 1948, ch.
                                                    816, 62 Stat. 1233.
                     ............................  Aug. 26, 1949, ch.
                                                    513, 63 Stat. 666.
                     ............................  Dec. 27, 1950, ch.
                                                    1151, Sec.  1, 64
                                                    Stat. 1117.
                     ............................  July 14, 1952, ch.
                                                    728, Sec.  1, 66
                                                    Stat. 626.
------------------------------------------------------------------------

    In paragraph (2), the words ``a military department'' are 
substituted for ``the War Department or Navy Department'' (appearing in 
section 2 of the Act of June 27, 1944) because of the definition of 
``military department'' in section 102. The Department of War was 
designated the Department of the Army by the Act of July 26, 1947, ch. 
343, Sec. 205, 61 Stat. 501. ``Department of the Air Force'' is included 
on authority of the Act of July 26, 1947, ch. 343, Sec. 207 (a), (f), 61 
Stat. 502.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                                1967 Act
------------------------------------------------------------------------
                                                    Source (Statutes at
 Section of title 5       Source (U.S. Code)               Large)
------------------------------------------------------------------------
2108...............  5 App.: 851.                  Mar. 3, 1966, Pub. L.
                                                    89-358, Sec.  11, 80
                                                    Stat. 28.
------------------------------------------------------------------------

                               Amendments

    1998--Par. (3). Pub. L. 105-339, in concluding provisions, 
substituted ``or the Federal Bureau of Investigation and Drug 
Enforcement Administration Senior Executive Service;'' for ``the Federal 
Bureau of Investigation and Drug Enforcement Administration Senior 
Executive Service, or the General Accounting Office;''.
    1997--Par. (1)(B). Pub. L. 105-85, Sec. 1102(c), substituted 
``October 15, 1976,'' for ``the date of enactment of the Veterans' 
Education and Employment Assistance Act of 1976,'' and ``12103(d) of 
title 10'' for ``511(d) of title 10''.
    Par. (1)(C). Pub. L. 105-85, Sec. 1102(a)(1), added subpar. (C).
    Par. (3)(B). Pub. L. 105-85, Sec. 1102(a)(2), inserted ``or (C)'' 
after ``paragraph (1)(B)''.
    1991--Par. (2). Pub. L. 102-54 substituted ``Department of Veterans 
Affairs'' for ``Veterans' Administration''.
    1988--Par. (3). Pub. L. 100-325 inserted reference to Federal Bureau 
of Investigation and Drug Enforcement Administration Senior Executive 
Service in concluding provisions.
    1981--Par. (3). Pub. L. 97-89 inserted reference to Defense 
Intelligence Senior Executive Service and Senior Cryptologic Executive 
Service in concluding provisions.
    1980--Par. (3). Pub. L. 96-191 inserted reference to General 
Accounting Office in concluding provisions.
    1979--Par. (3). Pub. L. 96-54, Sec. 2(a)(8), inserted provision 
excepting applicants for, or members of, Senior Executive Service.
    Par. (5). Pub. L. 96-54, Sec. 2(a)(9)(A), struck out provision 
excepting applicants for, or members of, Senior Executive Service.
    1978--Par. (2). Pub. L. 95-454, Sec. 307(a)(1), struck out ``and'' 
at end.
    Par. (3). Pub. L. 95-454, Sec. 307(a)(2), (3), inserted ``, except 
as provided in paragraph (4) of this section'' after ``means'', and 
substituted a semicolon for the period at end.
    Pars. (4), (5). Pub. L. 95-454, Sec. 307(a)(4), added pars. (4) and 
(5) relating to retired members of the armed forces.
    Par. (5). Pub. L. 95-454, Sec. 401(d), inserted ``; but does not 
include applicants for, or members of, the Senior Executive Service'' 
before the period at end.
    1976--Par. (1)(B). Pub. L. 94-502 substituted ``any part of which 
occurred after January 31, 1955, and before the date of enactment of the 
Veterans' Education and Employment Assistance Act of 1976,'' for ``after 
January 31, 1955,''.
    1971--Par. (3)(D). Pub. L. 92-187 inserted ``or widower'' after 
``unmarried widow''.
    Par. (3)(E). Pub. L. 92-187 inserted ``or husband'' after ``the 
wife''.
    1968--Par. (3)(D). Pub. L. 90-623 inserted ``as defined by paragraph 
(1)(A) of this section'' after ``veteran''.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-89 effective Oct. 1, 1981, see section 806 
of Pub. L. 97-89, set out as an Effective Date note under section 1621 
of Title 10, Armed Forces.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-191 effective Oct. 1, 1980, see section 
10(a) of Pub L. 96-191.


                    Effective Date of 1979 Amendment

    Amendment by section 2(a)(8) of Pub. L. 96-54 effective July 12, 
1979, see section 2(b) of Pub. L. 96-54, set out as a note under section 
305 of this title.
    Section 2(a)(9)(B) of Pub. L. 96-54 provided that: ``The amendment 
made by subparagraph (A) [amending this section] shall take effect 
October 1, 1980''.


                    Effective Date of 1978 Amendment

    Section 307(a) of Pub. L. 95-454 provided that the amendment made by 
that section is effective Oct. 1, 1980.
    Amendment by section 401(d) of 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.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-623 effective Sept. 11, 1967, for all 
purposes, see section 6 of Pub. L. 90-623, set out as a note under 
section 5334 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 2302, 3305, 3309, 3312, 
3318, 3352, 3502, 3504 of this title; title 2 section 1316a; title 3 
section 115; title 10 sections 943, 1614; title 16 section 3198; title 
22 sections 1438, 3941; title 32 section 709; title 38 sections 106, 
5303A, 7281, 7802; title 39 section 1005; title 42 sections 2992a-1, 
9839; title 49 section 47112.
