Title 5 — Government Organization and EmployeesRelease 119-73not60

§5366 Appeals

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

Last updated Apr 3, 2026|Official source

Summary

If an employee loses benefits because they turned down a reasonable job offer that paid or ranked the same as their retained grade or pay, they may appeal that benefit cut to the Office of Personnel Management (OPM) under OPM’s rules. The law does not take away an employee’s right to appeal a job reclassification under section 5112(b) or 5346(c), or to appeal a reduction-in-force under OPM procedures. For other appeal procedures (not the OPM appeal above) or any grievance process agreed to under chapter 71, the law covers two things: actions that create an individual’s right to benefits, and the ending of those benefits.

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 3, 2026

Release point: 119-73not60