§8716 — Title 5 Government Organization and Employees | U.S. Code

Summary

The Office of Personnel Management can make rules needed to carry out this chapter. The rules can set when and under what conditions an employee is covered. After consulting the agency head, OPM may exclude employees because of the type or conditions of their work (for example, short‑term, seasonal, or intermittent jobs). OPM cannot exclude someone only because the job is hazardous; cannot exclude a District of Columbia teacher paid under section 1501 of title 31 who has worked not less than two school years under temporary appointments; and cannot exclude part‑time career employees (see section 3401(2)). The Secretary of Agriculture must make rules for the person named in section 8701(a)(8).

Title 5, §8716

Government Organization and Employees — Source: USLM XML via OLRC

(a)The Office of Personnel Management may prescribe regulations necessary to carry out the purposes of this chapter.

(b)The regulations of the Office may prescribe the time at which and the conditions under which an employee is eligible for coverage under this chapter. The Office, after consulting the head of the agency or other employing authority concerned, may exclude an employee on the basis of the nature and type of his employment or conditions pertaining to it, such as short-term appointment, seasonal, intermittent employment, and employment of like nature. The Office may not exclude—

(1)an employee or group of employees solely on the basis of the hazardous nature of employment;

(2)a teacher in the employ of the Board of Education of the District of Columbia, whose pay is fixed by section 1501 of title 31, District of Columbia Code, on the basis of the fact that the teacher is serving under a temporary appointment if the teacher has been so employed by the Board for a period or periods totaling not less than two school years; or

(3)an employee who is occupying a position on a part-time career employment basis (as defined in section 3401(2) of this title).

(c)The Secretary of Agriculture shall prescribe regulations to effect the application and operation of this chapter to an individual named by section 8701(a)(8) of this title.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large (a)5 U.S.C. 2100 (less applicability to 5 U.S.C. 2099).Aug. 17, 1954, ch. 752, § 11 (less applicability to § 10), 68 Stat. 742. (b), (c)5 U.S.C. 2091(a) (words between 6th and 7th commas of 1st sentence and 2d sentence), (d) (words between 1st and 2d commas of 1st sentence, and 2d sentence).Aug. 17, 1954, ch. 752, § 2(a) (words between 6th and 7th commas of 1st sentence and 2d sentence), 68 Stat. 736.July 1, 1960, Pub. L. 86–568, § 115(c) “(d) (words between 1st and 2d commas of 1st sentence, and 2d sentence)”, 74 Stat. 302. Oct. 6, 1964, Pub. L. 88–631, § 2, 78 Stat. 1007. In subsection (a), the words “Except as otherwise provided herein” are omitted as unnecessary since the authority to prescribe

Regulations

is carried into this section. In subsection (b), the words “section 1501 of title 31, District of Columbia Code” are substituted for “section 1 of the District of Columbia Teachers’ Salary Act of 1955 (69 Stat. 521), as amended (Sec. 31–1501, D.C. Code, 1961 edition)”. 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

1978—Subsec. (a). Pub. L. 95–454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”. Subsec. (b). Pub. L. 95–454, § 906(a)(3), substituted “Office” for “Commission” wherever appearing. Pub. L. 95–437 substituted “intermittent employment” for “intermittent or part-time employment” in provision preceding par. (1), and added par. (3). Pub. L. 95–454, § 906(c)(2)(F), (G), substituted “3401” for “3391” in par. (3).

Statutory Notes and Related Subsidiaries

Effective Date

of 1978 AmendmentAmendment 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.

§8716 Regulations