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Title 5 — Government Organization and EmployeesRelease 119-73

§3326 Appointments of retired members of the armed forces to positions in the Department of Defense

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart B— - Employment and Retention › Chapter CHAPTER 33— - EXAMINATION, SELECTION, AND PLACEMENT › Subchapter SUBCHAPTER I— - EXAMINATION, CERTIFICATION, AND APPOINTMENT › § 3326

Last updated Apr 6, 2026|Official source

Summary

A retired service member can be hired into a Department of Defense civil service job (including certain nonappropriated fund organizations run by the military) during the 180 days right after retirement, but only under specific rules. One way is if the appropriate service Secretary or a designee approves the hire and, for competitive jobs, the Office of Personnel Management (OPM) also approves. The other way is if the job’s minimum basic pay has been increased under section 5305 of this title. The law uses two defined words: member means a member of the armed forces, and Secretary concerned means the appropriate military service Secretary (see 37 U.S.C. 101). Any request for approval must include a short statement proving four things: that career employees were fully considered under the department’s placement and promotion rules; that the vacancy was publicized when selection was not made from a civil service register; that the job’s qualification rules were not written to favor the retiree; and that the job was not kept open waiting for the retiree.

Full Legal Text

Title 5, §3326

Government Organization and Employees — Source: USLM XML via OLRC

(a)For the purpose of this section, “member” and “Secretary concerned” have the meanings given them by section 101 of title 37.
(b)A retired member of the armed forces may be appointed to a position in the civil service in or under the Department of Defense (including a nonappropriated fund instrumentality under the jurisdiction of the armed forces) during the period of 180 days immediately after his retirement only if—
(1)the proposed appointment is authorized by the Secretary concerned or his designee for the purpose, and, if the position is in the competitive service, after approval by the Office of Personnel Management; or
(2)the minimum rate of basic pay for the position has been increased under section 5305 of this title.
(c)A request by appropriate authority for the authorization, or the authorization and approval, as the case may be, required by subsection (b)(1) of this section shall be accompanied by a statement which shows the actions taken to assure that—
(1)full consideration, in accordance with placement and promotion procedures of the department concerned, was given to eligible career employees;
(2)when selection is by other than certification from an established civil service register, the vacancy has been publicized to give interested candidates an opportunity to apply;
(3)qualification requirements for the position have not been written in a manner designed to give advantage to the retired member; and
(4)the position has not been held open pending the retirement of the retired member.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large (a)5 U.S.C. 3101 (as applicable to 5 U.S.C. 3103).Aug. 19, 1964, Pub. L. 88–448, § 101 (as applicable to § 204), 78 Stat. 484. (b), (c)5 U.S.C. 3103.Aug. 19, 1964, Pub. L. 88–448, § 204, 78 Stat. 487. In subsection (a), the definition of “armed forces” is omitted as unnecessary in view of the definition in section 2101. In subsection (b), the words “position in the civil service” are substituted for “civilian office” in view of the definition of “civil service” in section 2101. The words “(including a nonappropriated fund instrumentality under the jurisdiction of the armed forces)” are added on authority of former section 3101(3). Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments

2016—Subsec. (b)(3). Pub. L. 114–328 struck out par. (3) which read as follows: “a state of national emergency exists.” 1990—Subsec. (b)(2). Pub. L. 101–509 substituted “5305” for “5303”. 1979—Subsec. (b)(1). Pub. L. 96–54 substituted “Office of Personnel Management” for “Civil Service Commission”.

Statutory Notes and Related Subsidiaries

Suspension of Section Pub. L. 101–510, div. A, title XII, § 1206(f), Nov. 5, 1990, 104 Stat. 1661, provided that: “Section 3326 of title 5, United States Code, shall not be in effect for the period beginning on the date of the enactment of this Act [Nov. 5, 1990] and ending two years after such date.”

Effective Date

of 1990 AmendmentAmendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as a note under section 5301 of this title.

Effective Date

of 1979 AmendmentAmendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title.

Reference

Citations & Metadata

Citation

5 U.S.C. § 3326

Title 5 — Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73