Title 42 — The Public Health and WelfareRelease 119-73

§2210c Elimination of pension offset for certain rehired Federal retirees

Title 42 › Chapter CHAPTER 23— - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › Subchapter SUBCHAPTER XIII— - GENERAL AUTHORITY OF COMMISSION › § 2210c

Last updated Apr 6, 2026|Official source

Summary

The Commission can decide not to follow sections 8344 or 8468 of title 5 when hiring a retired federal worker who gets a pension. It may do this for individual hires if a job is unusually hard to fill or if there is a short-term emergency need for staff. The Commission must make rules for using this option, including the standards to apply and how to allow others to approve it. A person hired under such a waiver is not treated as an employee for purposes of subchapter II of chapter 83, or chapter 84, of title 5.

Full Legal Text

Title 42, §2210c

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Commission may waive the application of section 8344 or 8468 of title 5 on a case-by-case basis for employment of an annuitant—

(1)in a position of the Commission for which there is exceptional difficulty in recruiting or retaining a qualified employee; or

(2)when a temporary emergency hiring need exists.

(b)The Commission shall prescribe procedures for the exercise of authority under this section, including—

(1)criteria for any exercise of authority; and

(2)procedures for a delegation of authority.

(c)An employee as to whom a waiver under this section is in effect shall not be considered an employee for purposes of subchapter II of chapter 83, or chapter 84, of title 5.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2210c

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73