28 U.S.C. § 569 — Reemployment rights
submitted 42 years ago by Pub. L. 98-473 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 212 words · no verdicts yet
A marshal removed for reasons other than misconduct may return to a qualifying competitive-service position if the marshal applies within 90 days. A marshal serving when the section took effect could finish the appointed term unless the President removed the marshal.
(a) A district* United States marshal appointed from a competitive-service position in the Marshals Service, as “competitive service” is defined in section 2102 of title 5, who is removed for a reason other than misconduct, neglect of duty, or malfeasance is entitled to reemployment in a vacant Marshals Service competitive-service position at the former grade or pay level or a lower one if (1) qualified and (2) the person applies no later than 90 days after removal. Reemployment must occur within 30 days after application or removal, whichever is later. A person denied because not qualified may appeal to the Merit Systems Protection Board under section 7701 of title 5. (b) A marshal serving when this section took effect continues through the appointed term unless the President removes the marshal sooner.
A United States marshal for a judicial district* who was appointed from a position in the competitive service (as defined in section 2102 of title 5) in the United States Marshals Service and who, for reasons other than misconduct, neglect of duty, or malfeasance, is removed from such office, is entitled to be reemployed in any vacant position in the competitive service in the United States Marshals Service at the same grade or pay level, or lower, as the individual’s former position if—
the individual is qualified for the vacant position; and
the individual has made application for the position not later than ninety days after being removed from office as a United States marshal.
Such individual shall be so reemployed within thirty days after making such application or after being removed from office, whichever is later. An individual denied reemployment under this section in a position because the individual is not qualified for that position may appeal that denial to the Merit Systems Protection Board under section 7701 of title 5.
Any United States marshal serving on the effective date of this section shall continue to serve for the remainder of the term for which such marshal was appointed, unless sooner removed by the President.
Source credit: (Added Pub. L. 98–473, title II, § 1211(a), Oct. 12, 1984, 98 Stat. 2163, § 576; renumbered § 569, Pub. L. 100–690, title VII, § 7608(a)(2)(B), Nov. 18, 1988, 102 Stat. 4514.)
- 1984Enacted · Pub. L. 98-473 · 98 Stat. 2163
- 1988Amended · Pub. L. 100-690 · 102 Stat. 4514
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-473 on 1984-10-12.
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