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Title 5 — Government Organization and EmployeesRelease 119-73

§3330b Preference eligibles; judicial redress

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 › § 3330b

Last updated Apr 6, 2026|Official source

Summary

A preference eligible employee, or a veteran covered by the related rule, can stop their agency appeal and instead file a lawsuit in the U.S. district court. They must file the court case within 60 days after they make that choice. They cannot make the choice before the 121st day after they filed the appeal with the Merit Systems Protection Board, and they cannot do it after the Board has issued a reviewable decision on the merits. The choice must be written in the form the Board requires. It takes effect when the Board receives it and ends the administrative case immediately.

Full Legal Text

Title 5, §3330b

Government Organization and Employees — Source: USLM XML via OLRC

(a)In lieu of continuing the administrative redress procedure provided under section 3330a(d), a preference eligible, or a veteran described by section 3330a(a)(1)(B) with respect to a violation described by such section, may elect, in accordance with this section, to terminate those administrative proceedings and file an action with the appropriate United States district court not later than 60 days after the date of the election.
(b)An election under this section may not be made—
(1)before the 121st day after the date on which the appeal is filed with the Merit Systems Protection Board under section 3330a(d); or
(2)after the Merit Systems Protection Board has issued a judicially reviewable decision on the merits of the appeal.
(c)An election under this section shall be made, in writing, in such form and manner as the Merit Systems Protection Board shall by regulation prescribe. The election shall be effective as of the date on which it is received, and the administrative proceeding to which it relates shall terminate immediately upon the receipt of such election.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2004—Subsec. (a). Pub. L. 108–454, which directed insertion of “, or a veteran described by section 3330a(a)(1)(B) with respect to a violation described by such section,” after “a preference eligible” in subsec. (a) of section 3330b, without specifying the Code title to be amended, was executed by making the insertion in subsec. (a) of this section, to reflect the probable intent of Congress.

Reference

Citations & Metadata

Citation

5 U.S.C. § 3330b

Title 5 — Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73