
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: 5USC3501]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
     CHAPTER 35--RETENTION PREFERENCE, RESTORATION, AND REEMPLOYMENT
 
                   SUBCHAPTER I--RETENTION PREFERENCE
 
Sec. 3501. Definitions; application

    (a) For the purpose of this subchapter, except section 3504--
        (1) ``active service'' has the meaning given it by section 101 
    of title 37;
        (2) ``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
        (3) a preference eligible employee who is a retired member of a 
    uniformed service is considered a preference eligible only if--
            (A) his retirement was based on disability--
                (i) resulting from injury or disease received in line of 
            duty as a direct result of armed conflict; or
                (ii) 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;

            (B) his service does not include twenty or more years of 
        full-time active service, regardless of when performed but not 
        including period of active duty for training; or
            (C) on November 30, 1964, 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.

    (b) 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.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 428; Pub. L. 94-183, Sec. 2(8), 
Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95-454, title IV, Sec. 404(a), 
Oct. 13, 1978, 92 Stat. 1165; Pub. L. 100-325, Sec. 2(e), May 30, 1988, 
102 Stat. 581; Pub. L. 102-83, Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 
406.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)(1), (2)........  5 U.S.C. 3101 (as applicable  Aug. 19, 1964, Pub.
                      to 5 U.S.C. 861).             L. 88-448, Sec.  101
                                                    (as applicable to
                                                    Sec.  202), 78 Stat.
                                                    484.
(a)(3).............  5 U.S.C. 861(b).              June 27, 1944, ch.
                                                    287, Sec.  12(b);
                                                    added Aug. 19, 1964,
                                                    Pub. L. 88-448, Sec.
                                                     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 November 30, 1964, 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.


                               Amendments

    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''.


                    Effective Date of 1978 Amendment

    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 2302, 3502, 6303 of this 
title; title 10 sections 1586, 1610; title 22 sections 1438, 4010a; 
title 31 section 732.
