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Title 5, Government Organization and EmployeesRelease 119-102

§3501 Definitions; Application

Title 5 › PART III — EMPLOYEES › Subpart B — Employment and Retention › CHAPTER 35 — RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE PAYMENTS, RESTORATION, AND REEMPLOYMENT › SUBCHAPTER I — RETENTION PREFERENCE › § 3501

Last updated Aug 21, 2026|Official source

Summary

Defines a few key words and says who the rules cover. "Active service" means what 37 U.S.C. §101 says. A "retired member of a uniformed service" is someone who, by law, gets retired, retirement, or retainer pay for their service. A retired service member counts as a "preference eligible" only if one of three things is true: their retirement was for a disability from injury or disease in the line of duty because of armed conflict or caused by a war instrumentality during a period of war (see 38 U.S.C. §§101 and 1101); they do not have 20 or more years of full‑time active service (not counting active duty for training); or they held a covered job on November 30, 1964 and stayed employed with no break over 30 days. The subchapter applies to employees in or under an Executive agency, except as this subsection and section 3504 say. It does not apply to jobs that must be confirmed by the Senate, to members of the Senior Executive Service, or to members of the FBI and DEA Senior Executive Service.

Full Legal Text

Title 5, §3501

Government Organization and Employees, Source: USLM XML via OLRC

(a)For the purpose of this subchapter, except section 3504—
(1)“active service” has the meaning given it by section 101 of title 37;
(2)“a retired member of a uniformed service” means a member or former member of a uniformed service who is entitled, under statute, to retired, retirement, or retainer pay on account of his service as such a member; and
(3)a preference eligible employee who is a retired member of a uniformed service is considered a preference eligible only if—
(A)his retirement was based on disability—
(i)resulting from injury or disease received in line of duty as a direct result of armed conflict; or
(ii)caused by an instrumentality of war and incurred in the line of duty during a period of war as defined by section 101 and 1101 of title 38;
(B)his service does not include twenty or more years of full-time active service, regardless of when performed but not including periods of active duty for training; or
(C)on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed without a break in service of more than 30 days.
(b)Except as otherwise provided by this subsection and section 3504 of this title, this subchapter applies to each employee in or under an Executive agency. This subchapter does not apply to an employee whose appointment is required by Congress to be confirmed by, or made with the advice and consent of, the Senate or to a member of the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large (a)(1), (2)5 U.S.C. 3101 (as applicable to 5 U.S.C. 861).Aug. 19, 1964, Pub. L. 88–448, § 101 (as applicable to § 202), 78 Stat. 484. (a)(3)5 U.S.C. 861(b).
June 27, 1944, ch. 287, § 12(b); added Aug. 19, 1964, Pub. L. 88–448, § 202(4) (“(b)”), 78 Stat. 486. In subsection (a), the definitions of “uniformed services” and “armed forces” are omitted as unnecessary in view of the definitions in section 2101. The definition of “civilian office” is omitted as unnecessary as subsection (b) of this section states the application of this subchapter. In subsection (a)(3), the words “Notwithstanding any other provision of this Act” are omitted as unnecessary. The words “preference eligible employee” are coextensive with and substituted for “employee * * * included under section 2 of this Act” in view of the definition of preference eligible in section 2108. In paragraph (3)(C), the words “on
November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed” are substituted for “immediately prior to the

Effective Date

of this subsection, he was employed in a civilian office to which this Act applies and, on and after such date, he continues to be employed in any such office”. Subsection (b) is supplied on authority of section 2, 12, and 20 of the Act of June 27, 1944, ch. 287, 58 Stat. 387, 391, which are carried into this title. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preference to the report.

Editorial Notes

Amendments

1991—Subsec. (a)(3)(A)(ii). Pub. L. 102–83 substituted reference to section 1101 of title 38 for reference to section 301 of title 38. 1988—Subsec. (b). Pub. L. 100–325 inserted reference to Federal Bureau of Investigation and Drug

Enforcement

Administration Senior Executive Service. 1978—Subsec. (b). Pub. L. 95–454 inserted reference to a member of Senior Executive Service. 1975—Subsec. (b). Pub. L. 94–183 struck out “, except an employee whose appointment is made under section 3311 of title 39” after “or made with the advice and consent of, the Senate”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1978 AmendmentAmendment by Pub. L. 95–454 effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415 of Pub. L. 95–454, set out as an

Effective Date

note under section 3131 of this title.

Reference

Citations & Metadata

Citation

5 U.S.C. § 3501

Title 5, Government Organization and Employees

Last Updated

Aug 21, 2026

Release point: 119-102