Title 5, Government Organization and EmployeesRelease 119-110

§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 Sep 22, 2026|Official source

Summary

You can appeal to the Office of Personnel Management (OPM) if your benefits are cut because you turned down a reasonable job offer that paid or ranked the same as, or higher than, the grade or pay you kept. You also keep the right to challenge a job reclassification under 5112(b) or 5346(c), and to appeal a reduction‑in‑force through OPM procedures. Except for the OPM appeal just described, actions that create your right to benefits under this part of the law, and any ending of those benefits, cannot be handled through other appeal systems or through a negotiated grievance under chapter 71.

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,

shall not be treated as appealable under such appeals procedures or grievable under such grievance procedure.

Reference

Citations & Metadata

Citation

5 U.S.C. § 5366

Title 5, Government Organization and Employees

Last Updated

Sep 22, 2026

Release point: 119-110