5 U.S.C. § 5366 — Appeals
submitted 48 years ago by Pub. L. 95-454 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 185 words · no verdicts yet
An employee may appeal benefit termination based on refusing a qualifying job offer. Other position and reduction-in-force appeals keep their separate rules.
(a) (1) In the case of the termination of any benefits available to an employee under this subchapter on the grounds that 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, that termination may be appealed to the Office of Personnel Management under procedures prescribed by the Office. (2) Nothing in this subchapter must 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 that benefits under this subchapter, shall not be treated as appealable under that appeals procedures or grievable under that grievance procedure.
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.
Nothing in this subchapter shall be construed to affect the right of any employee to appeal—
under section 5112(b) or 5346(c) of this title, or otherwise, any reclassification of a position; or
under procedures prescribed by the Office of Personnel Management, any reduction-in-force action.
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—
any action which is the basis of an individual’s entitlement to benefits under this subchapter, and
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.
Source credit: (Added Pub. L. 95–454, title VIII, § 801(a)(1), Oct. 13, 1978, 92 Stat. 1221.)
- 1978Enacted · Pub. L. 95-454 · 92 Stat. 1221
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-454 on 1978-10-13.
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