5-U.S.C.-3351

§3351 – Preference Eligibles; Transfer; Physical Qualifications; Waiver

Pathway

Title 5 > Part III > Subpart B > Chapter 33 > Subchapter IV > Section 3351

Details

• Reference: Section 3351
• Legend: §3351 – Preference Eligibles; Transfer; Physical Qualifications; Waiver
• USCode Year: 2013

Provision Content

In determining qualifications of a preference eligible for transfer to another position in the competitive service, an Executive agency, or the government of the District of Columbia, the Office of Personnel Management or other examining agency shall waive—

(1) requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and

(2) physical requirements if, in the opinion of the Office or other examining agency, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position.

This section does not apply to an appointment required by Congress to be confirmed by, or made with the advice and consent of, the Senate.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 426; Pub. L. 94–183, §2(4), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95–454, title IX, §906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)

The section is restated to conform to section 3312.

The words in the competitive service, an Executive agency, or the government of the District of Columbia” are added on authority of former sections 851, 858, and 869, which are carried into this title. The last sentence is added on authority of former section 869.

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

1978—Pub. L. 95–454 substituted Office of Personnel Management” and Office” for Civil Service Commission” and Commission”, respectively.

1975—Pub. L. 94–183 struck out , except an appointment 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 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.

U.S. Encyclopedia of Law Coverage

5-U.S.C.-3347 in the Legal Encyclopedia: Government Employees

In this entry about 5-U.S.C.-3347, find legal reference material, bibliographies and premiere content related to government employees in the American Encyclopedia of Law, presenting a comprehensive view of the United States government employees-specific issues, written by authorities in the field.

Subchapter II – Oath of office in the Legal Encyclopedia: Employment

In this entry about Subchapter II – Oath of office, find legal reference material, bibliographies and premiere content related to employment in the American Encyclopedia of Law, presenting a comprehensive view of the United States employment-specific issues, written by authorities in the field.

Topic Map

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