
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3330b]

 
             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. 3330b. Preference eligibles; judicial redress

    (a) In lieu of continuing the administrative redress procedure 
provided under section 3330a(d), a preference eligible may elect, in 
accordance with this section, to terminate those administrative 
proceedings and file an action with the appropriate United States 
district court not later than 60 days after the date of the election.
    (b) An election under this section may not be made--
        (1) before the 121st day after the date on which the appeal is 
    filed with the Merit Systems Protection Board under section 
    3330a(d); or
        (2) after the Merit Systems Protection Board has issued a 
    judicially reviewable decision on the merits of the appeal.

    (c) An election under this section shall be made, in writing, in 
such form and manner as the Merit Systems Protection Board shall by 
regulation prescribe. The election shall be effective as of the date on 
which it is received, and the administrative proceeding to which it 
relates shall terminate immediately upon the receipt of such election.

(Added Pub. L. 105-339, Sec. 3(a), Oct. 31, 1998, 112 Stat. 3184.)

                  Section Referred to in Other Sections

    This section is referred to in section 3330c of this title.
