Title 5 — Government Organization and EmployeesRelease 119-73

§5366 Appeals

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart D— - Pay and Allowances › Chapter CHAPTER 53— - PAY RATES AND SYSTEMS › Subchapter SUBCHAPTER VI— - GRADE AND PAY RETENTION › § 5366

Last updated Apr 6, 2026|Official source

Summary

If an employee loses benefits because they refused a reasonable offer of a job that paid as much or more than their retained grade or pay, they can appeal that loss to the Office of Personnel Management (OPM) under OPM’s rules. Employees also keep the right to appeal a job reclassification under section 5112(b) or 5346(c) and to appeal a layoff (reduction-in-force) under OPM procedures. For other appeal processes or any grievance procedures under chapter 71, both the action that gives someone the right to benefits and any ending of those benefits are treated as part of those appeal or grievance procedures.

Full Legal Text

Title 5, §5366

Government Organization and Employees — Source: USLM XML via OLRC

(a)(1)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.

(2)Nothing in this subchapter shall 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 such benefits under this subchapter,

Reference

Citations & Metadata

Citation

5 U.S.C. § 5366

Title 5 — Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73