
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: 5USC6308]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart E--Attendance and Leave
 
                            CHAPTER 63--LEAVE
 
                   SUBCHAPTER I--ANNUAL AND SICK LEAVE
 
Sec. 6308. Transfers between positions under different leave 
        systems
        
    (a) The annual and sick leave to the credit of an employee who 
transfers between positions under different leave systems without a 
break in service shall be transferred to his credit in the employing 
agency on an adjusted basis under regulations prescribed by the Office 
of Personnel Management, unless the individual is excepted from this 
subchapter by section 6301(2)(ii), (iii), (vi), or (vii) of this title. 
However, when a former member receiving a retirement annuity under 
sections 521-535 of title 4, District of Columbia Code, is reemployed in 
a position to which this subchapter applies, his sick leave balance may 
not be recredited to his account on the later reemployment.
    (b) The annual leave, sick leave, and home leave to the credit of a 
nonappropriated fund employee of the Department of Defense or the Coast 
Guard described in section 2105(c) who moves without a break in service 
of more than 3 days to a position in the Department of Defense or the 
Coast Guard, respectively, that is subject to this subchapter shall be 
transferred to the employee's credit. The annual leave, sick leave, and 
home leave to the credit of an employee of the Department of Defense or 
the Coast Guard who is subject to this subchapter and who moves without 
a break in service of more than 3 days to a position under a 
nonappropriated fund instrumentality of the Department of Defense or the 
Coast Guard, respectively, described in section 2105(c), shall be 
transferred to the employee's credit under the nonappropriated fund 
instrumentality. The Secretary of Defense or the Secretary of 
Transportation, as appropriate, may provide for a transfer of funds in 
an amount equal to the value of the transferred annual leave to 
compensate the gaining entity for the cost of a transfer of annual leave 
under this subsection.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 521; Pub. L. 95-454, title IX, 
Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 101-508, title 
VII, Sec. 7202(h), Nov. 5, 1990, 104 Stat. 1388-336.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2064(e).             July 2, 1953, ch.
                                                    178, Sec.  4(b), 67
                                                    Stat. 138.
                     ............................  Aug. 18, 1959, Pub.
                                                    L. 86-168, Sec.
                                                    202(e), 73 Stat.
                                                    389.
                     ............................  Aug. 21, 1964, Pub.
                                                    L. 88-471, Sec.
                                                    6(d), 78 Stat. 583.
------------------------------------------------------------------------

    In the last sentence, the word ``officer'' is omitted as covered by 
the word ``member'', and the words ``sections 521-535 of title 4, 
District of Columbia Code'' are substituted for ``the Policemen and 
Firemen's Retirement and Disability Act, as amended''.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1990--Pub. L. 101-508 designated existing provisions as subsec. (a) 
and added subsec. (b).
    1978--Pub. L. 95-454 substituted ``Office of Personnel Management'' 
for ``Civil Service Commission''.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-508 applicable with respect to any 
individual who, on or after Jan. 1, 1987, moves from employment in 
nonappropriated fund instrumentality of Department of Defense or Coast 
Guard, that is described in section 2105(c) of this title, to employment 
in Department or Coast Guard, that is not described in section 2105(c), 
or who moves from employment in Department or Coast Guard, that is not 
described in section 2105(c), to employment in nonappropriated fund 
instrumentality of Department or Coast Guard, that is described in 
section 2105(c), see section 7202(m)(1) of Pub. L. 101-508, set out as a 
note under section 2105 of this title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, 
see section 907 of Pub. L. 95-454, set out as a note under section 1101 
of this title.


       Election of Leave or Lump-Sum Payment for Certain Employees

    Pub. L. 102-484, div. A, title X, Sec. 1077, Oct. 23, 1992, 106 
Stat. 2512, authorized an employee referred to in section 6308(b) of 
this title, who made an employment move described in such subsection 
after Dec. 31, 1986, and before Apr. 16, 1991, to elect to repay the 
lump-sum payment received based on such employment move in lieu of 
annual leave and have the annual leave recredited to the employee's 
leave account, or to keep the lump-sum payment in lieu of that annual 
leave.

                  Section Referred to in Other Sections

    This section is referred to in sections 5551, 6312 of this title.
