
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: 5USC5366]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                    CHAPTER 53--PAY RATES AND SYSTEMS
 
                 SUBCHAPTER VI--GRADE AND PAY RETENTION
 
Sec. 5366. Appeals

    (a)(1) In the case of the termination of any benefits available to 
an employee under this subchapter on the grounds such employee declined 
a reasonable offer of a position the grade or pay of which was equal to 
or greater than his retained grade or pay, such termination may be 
appealed to the Office of Personnel Management under procedures 
prescribed by the Office.
    (2) Nothing in this subchapter shall be construed to affect the 
right of any employee to appeal--
        (A) under section 5112(b) or 5346(c) of this title, or 
    otherwise, any reclassification of a position; or
        (B) under procedures prescribed by the Office of Personnel 
    Management, any reduction-in-force action.

    (b) For purposes of any appeal procedures (other than those 
described in subsection (a) of this section) or any grievance procedure 
negotiated under the provisions of chapter 71 of this title--
        (1) any action which is the basis of an individual's entitlement 
    to benefits under this subchapter, and
        (2) any termination of any such benefits under this subchapter,

shall not be treated as appealable under such appeals procedures or 
grievable under such grievance procedure.

(Added Pub. L. 95-454, title VIII, Sec. 801(a)(1), Oct. 13, 1978, 92 
Stat. 1221.)
