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Title 5, Government Organization and EmployeesRelease 119-102

§3330b Preference Eligibles; Judicial Redress

Title 5 › PART III — EMPLOYEES › Subpart B — Employment and Retention › CHAPTER 33 — EXAMINATION, SELECTION, AND PLACEMENT › SUBCHAPTER I — EXAMINATION, CERTIFICATION, AND APPOINTMENT › § 3330b

Last updated Aug 21, 2026|Official source

Summary

A preference eligible (a job applicant with veterans’ hiring preference) or a veteran covered by section 3330a(a)(1)(B) can stop the ongoing administrative appeal and instead file a lawsuit in the proper U.S. district court. The lawsuit must be filed no later than 60 days after they make that written choice. They cannot make that choice before the 121st day after the appeal was filed with the Merit Systems Protection Board (MSPB), and they cannot choose it after the MSPB has issued a judicially reviewable decision on the merits. The choice must be in writing, in the form the MSPB requires, and it takes effect when the MSPB receives it, ending 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

Aug 21, 2026

Release point: 119-102