
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: 5USC3323]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
            CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
 
        SUBCHAPTER I--EXAMINATION, CERTIFICATION, AND APPOINTMENT
 
Sec. 3323. Automatic separations; reappointment; reemployment of 
        annuitants
        
    (a) An individual who reaches the retirement age prescribed for 
automatic separation applicable to him may not be continued in the civil 
service or in the government of the District of Columbia. An individual 
separated on account of age under a statute or regulation providing for 
retirement on account of age is not eligible for appointment in the 
civil service or in the government of the District of Columbia. The 
President, when in his judgment the public interest so requires, may 
except an individual from this subsection by Executive order. This 
subsection does not apply to an individual named by a statute providing 
for the continuance of the individual in the civil service or in the 
government of the District of Columbia.
    (b)(1) Notwithstanding other statutes, an annuitant, as defined by 
section 8331 or 8401, receiving annuity from the Civil Service 
Retirement and Disability Fund is not barred by reason of his retired 
status from employment in an appointive position for which the annuitant 
is qualified. An annuitant so reemployed, other than an annuitant 
reappointed under paragraph (2) of this subsection, serves at the will 
of the appointing authority.
    (2) Subject to such regulations as the Director of the Office of 
Personnel Management may prescribe, any annuitant to whom the first 
sentence of paragraph (1) of this subsection applies and who has served 
as an administrative law judge pursuant to an appointment under section 
3105 of this title may be reappointed an administrative law judge under 
such section for a specified period or for such period as may be 
necessary for such administrative law judge to conduct and complete the 
hearing and disposition of one or more specified cases. The provisions 
of this title that apply to or with respect to administrative law judges 
appointed under section 3105 of this title shall apply to or with 
respect to administrative law judges reappointed under such section 
pursuant to the first sentence of this paragraph.
    (c) Notwithstanding subsection (a) of this section, a member of the 
Foreign Service retired under section 812 of the Foreign Service Act of 
1980 is not barred by reason of his retired status from employment in a 
position in the civil service for which he is qualified. An annuitant so 
reemployed serves at the will of the appointing authority.
    (d) Notwithstanding subsection (a) of this section, the Chief of 
Engineers of the Army, under section 569a of title 33, may employ a 
retired employee whose expert assistance is needed in connection with 
river and harbor or flood control works. There shall be deducted from 
the pay of an employee so reemployed an amount equal to the annuity or 
retired pay allocable to the period of actual employment.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 422; Pub. L. 96-465, title II, 
Sec. 2314(a), Oct. 17, 1980, 94 Stat. 2167; Pub. L. 98-224, Sec. 2, Mar. 
2, 1984, 98 Stat. 47; Pub. L. 102-378, Sec. 2(10), Oct. 2, 1992, 106 
Stat. 1347.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)................  5 U.S.C. 715a.                June 30, 1932, ch.
                                                    314, Sec.  204, 47
                                                    Stat. 404.
(b)................  5 U.S.C. 2263(a).             July 31, 1956, ch.
                                                    804, Sec.  401
                                                    ``Sec. 13(a)'', 70
                                                    Stat. 757.
(c)................  22 U.S.C. 915(c).             Sept. 8, 1960, Pub.
                                                    L. 86-723, Sec.
                                                    10(d), 74 Stat. 832.
(d)................  33 U.S.C. 544a, 701l.         June 20, 1938, ch.
                                                    535, Sec.  5, 52
                                                    Stat. 805.
------------------------------------------------------------------------

    In subsection (a), the words ``On and after July 1, 1932'' are 
omitted as executed. The words ``heretofore or hereafter'' are omitted 
as unnecessary. The words ``in the civil service'' are substituted for 
``civilian service in any branch or service of the United States 
Government'' and ``to any appointive office, position, or employment 
under the United States'' in view of the definition of ``civil service'' 
in section 2101.
    In subsection (b), the words ``receiving annuity from the Civil 
Service Retirement and Disability Fund'' are substituted for 
``heretofore or hereafter retired under this chapter''. The word 
``authority'' is substituted for ``officer'' in recognition of the 
several appointing authorities named in section 2105(a)(1).
    In subsection (c), the words ``Notwithstanding subsection (a) of 
this section'' are substituted for ``Notwithstanding the provisions of 
sections 62 and 715a of title 5'' to reflect the codification of former 
section 715a in subsection (a) of this section and in view of the repeal 
of section 62 of title 5 by Sec. 402(a)(7) of the Act of Aug. 19, 1964, 
Pub. L. 88-448, 78 Stat. 492. The words ``heretofore or hereafter'' and 
``hereafter'' are omitted as unnecessary. The words ``in a position in 
the civil service'' are substituted for ``in Federal Government service 
in any appointive position'' in view of the definition of ``civil 
service'' in section 2101. The word ``authority'' is substituted for 
``officer'' in recognition of the several appointing authorities named 
in section 2105(a)(1).
    In subsection (d), the words ``Notwithstanding subsection (a) of 
this section'' are substituted for ``The provisions of section 715a of 
title 5 shall not be so construed as to prevent'' to reflect the 
codification of former section 715a in subsection (a) of this section, 
and to conform to the style of this section. The words ``under section 
569a of title 33'' are substituted for ``under agreement as authorized 
by sections 569a, 584a and 607a of title 33'' on authority of the 
provision contained in section 569a of title 33. The word ``employee'' 
is coextensive with and substituted for ``civilian employee'' in view of 
the definition of ``employee'' in section 2105. The last sentence is 
restated for clarity.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                       References in Text

    Section 812 of the Foreign Service Act of 1980, referred to in 
subsec. (c), is classified to section 4052 of Title 22, Foreign 
Relations and Intercourse.


                               Amendments

    1992--Subsec. (b)(1). Pub. L. 102-378 substituted ``annuitant, as 
defined by section 8331 or 8401,'' for ``annuitant as defined by section 
8331 of this title''.
    1984--Subsec. (b). Pub. L. 98-224 designated existing provisions as 
par. (1), substituted ``the annuitant'' for ``he'' and inserted ``, 
other than an annuitant reappointed under paragraph (2) of this 
subsection,'', and added par. (2).
    1980--Subsec. (c). Pub. L. 96-465 substituted ``member of the 
Foreign Service retired under section 812 of the Foreign Service Act of 
1980'' for ``Foreign Service officer retired under section 1001 or 1002 
of title 22 or a Foreign Service staff officer or employee retired under 
section 1063 of title 22''.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as 
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an 
Effective Date note under section 3901 of Title 22, Foreign Relations 
and Intercourse.

                  Section Referred to in Other Sections

    This section is referred to in title 22 sections 2386, 2512.
