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**Contents**
**1.**  **Introduction**

**2.**  **Veterans' Preferencein Appointments**
- Why Preference is Given
- When Preference Applies
- Types of Preference
- Adjudication of Veterans' Preference
- Crediting Experienceof Preference Eligibles
- Physical Qualifications
- Preference in CompetitiveExaminations
- Fillinga Position From a Competitive Exmination
- Disqualificationsof Pereference
- Disqualificationof 30 Percent or More Disabled Veterans
- Filing Late Applications
- Temporary AppointmentOutside of Competitive Registers
- Excepted Service Employment
- Administrationand Enforcement of Veterans' Preference

**3.** **Veterans' Preferencein Reduction in Force**
- Eligibilityfor Veterans' Preference in RIF
- RIF Retention Standing
- Assignment Rights (Bumpand Retreat)
- Qualifications
- Appeal of RIF Actions
- ReemploymentPriority for Separated Employees

**4.**  **Miscellaneous ProvisionsPertaining to Veterans**
- Jobs Restrictedto Preference Eligibles
- Reinstatement
- 180-DayRestriction on DOD Employment of Military Retirees
- Reduction of MilitaryRetired Pay
- AffirmativeAction for Certain Veterans Under Title 38

**5.**  **Service Credit**
- Service Creditfor Leave Rate Accrual and Retirement

**6.**  **Special AppointingAuthorities for Veterans**
- Veterans'Readjustment Appointment (VRA) Authority
- 30 Percent or MoreDisabled Veterans
- Disabled VeteransEnrolled in a VA Training Program

**7.** **Restoration afterUniformed Service**
- Basic Entitilement
- Advising Employees/ResolvingEmployment Conflicts
- Time Limits
- Positions to Which Restored
- Service Credit
- OPM Placement
- Paid Military Leave
- Life and Health Insurance
- Thrift Savings

**8.** **Special Redressand Appeals**
- Adverse Actions
- Reduction in Force
- Restoration After UniformedService
- Other Actions
- Prohibited Personnel Practices

**1.  Introduction*****VetGuide*** explains the special rights and privilegesthat veterans enjoy in Federal civil service employment. The guide convenientlysummarizes in one place material from many laws and regulations that affectthe employment of veterans. The guide will help Federal personnel specialistsensure that veterans receive the advantages they have earned. The Office of Personnel Management (OPM) administers entitlement to veterans'***preference*** in employment under title 5, United States Code,and oversees other statutory employment requirements in titles 5 and 38.(Title 38 also governs veterans' entitlement to ***benefits***administered by the Department of Veterans Affairs (VA).) Both title 5 and title 38 use many of the same terms, but in differentways. For example, service during a "war" is used to determineentitlement to veterans' preference and service credit under title 5. OPMhas always interpreted this to mean **a war declared by Congress**.But title 38 defines "period of war" to include many non-declaredwars, including Korea, Vietnam, and the Persian Gulf. Such conflicts entitlea veteran to VA **benefits** under title 38, but not necessarily to**preference or****service credit** under title 5. Thus it is criticallyimportant to use the correct definitions in determining eligibility forspecific rights and benefits in employment. For additional information, including the complete text of the laws andregulations on veterans' rights, consult the references cited . 

**2.  Veterans'Preference in Appointments**

**Why Preference is Given**   
Since the time of the Civil War, veterans of the Armed Forces have beengiven some degree of preference in appointments to Federal jobs. Recognizingtheir sacrifice, Congress enacted laws to prevent veterans seeking Federalemployment from being penalized for their time in military service. Veterans'preference recognizes the economic loss suffered by citizens who have servedtheir country in uniform, restores veterans to a favorable competitiveposition for Government employment, and acknowledges the larger obligationowed to disabled veterans. 
Veterans' preference in its present form comes from the Veterans' PreferenceAct of 1944, as amended, and is now codified in various provisions of title5, United States Code. By law, veterans who are disabled or who servedon active duty in the Armed Forces during certain specified time periodsor in military campaigns are entitled to preference over others in hiringfrom competitive lists of eligibles and also in retention during reductionsin force. In addition to receiving preference in **competitive** appointments,veterans may be considered for special **noncompetitive** appointmentsfor which only they are eligible. See Chapter 4.

**When PreferenceApplies    **
Preference in hiring applies to permanent and temporary positions inthe competitive and excepted services of the executive branch. Preferencedoes not apply to positions in the Senior Executive Service or to executivebranch positions for which Senate confirmation is required. The legislativeand judicial branches of the Federal Government also are exempt from theVeterans' Preference Act **unless** the positions are in the competitiveservice (Government Printing Office, for example) or have been made subjectto the Act by another law. Preference applies in hiring from civil service examinations conductedby the Office of Personnel Management (OPM) and agencies under delegatedexamining authority, for most excepted service jobs including Veterans'Readjustment Appointments (VRA), and when agencies make temporary, term,and overseas limited appointments. Veterans' preference does not applyto promotion, reassignment, change to lower grade, transfer or reinstatement.
Veterans' preference does not require an agency to use any particularappointment process. Agencies have broad authority under law to hire fromany appropriate source of eligibles including special appointing authorities.An agency may consider candidates already in the civil service from anagency-developed merit promotion list or it may reassign a current employee,transfer an employee from another agency, or reinstate a former Federalemployee. In addition, agencies are required to give priority to displacedemployees before using civil service examinations and similar hiring methods.
***Civil service examination*: Title 5 United States Code (U.S.C.)3304-3330, title 5 Code of Federal Regulations (CFR) Part 332, OPM DelegationAgreements with individual agencies, OPM Examining Handbook, OPM DelegatedExamining Operations Handbook; *Excepted service appointments, includingVRA's*: 5 U.S.C. 3320; 5 CFR Part 302; *Temporary and term employment:*5 CFR Parts 316 and 333; *Overseas limited employment:* 5 CFRPart 301; *Career Transition Program:* 5 CFR Part 330, Subparts Fand G.**

**Types ofPreference   **
To receive preference, a veteran must have been **separated from activeduty in the Armed Forces with an honorable or general discharge**. Asdefined in 5 U.S.C. 2101(2), "Armed Forces" means the Army, Navy,Air Force, Marine Corps and Coast Guard. The veteran must also be eligibleunder one of the preference categories below (also shown on the StandardForm (SF) 50, *Notification of Personnel Action*). Military retirees at the rank of major, lieutenant commander, or higherare not eligible for preference in appointment unless they are disabledveterans. Active duty for training or inactive duty by National Guard or Reservesoldiers does not qualify as "active duty" for preference. For purposes of this chapter and 5 U.S.C. 2108, "war" means onlythose armed conflicts declared by Congress as war and includes World WarII, which covers the period from December 7, 1941, to April 28, 1952. When applying for Federal jobs, eligible veterans should claim preferenceon their application or resume. Applicants claiming 10-point preferencemust complete Standard Form (SF) 15, *Application for 10-Point VeteranPreference*, and submit the requested documentation. 
The following preference categories and points are based on 5 U.S.C.2108 and 3309 as modified by a length of service requirement in 38 U.S.C.5303A(d). (The letters following each category, e.g., "TP," area shorthand reference used by OPM in competitive examinations.)
**5-Point Preference (TP)**    

Five points are added to the **passing** examination score or ratingof a veteran who served:
- During a war;    or 
- During the period April 28, 1952 through July 1, 1955;   or
- For more than 180 consecutive days, other than for training, any partof which occurred after January 31, 1955, and before October 15, 1976;   or
- In a campaign or expedition for which a campaign medal has been authorized.Any Armed Forces Expeditionary medal or campaign badge, including El Salvador,Lebanon, Grenada, Panama, Southwest Asia, Somalia, and Haiti qualifiesfor preference. For more information, see Chapter 7 of  The Guide toProcessing Personnel Actions,  an OPM operating manual. 
A campaign medal holder who originally enlisted after September 7, 1980,(or began active duty on or after October 14, 1982, and has not previouslycompleted 24 months of continuous active duty) must have served continuouslyfor 24 months or the full period called or ordered to active duty. The24-month service requirement does not apply to 10-point preference eligiblesseparated for disability incurred or aggravated in the line of duty, orto veterans separated for hardship or other reasons under 10 U.S.C. 1171or 1173. 

**10-Point Compensable Disability Preference (CP)**

Ten points are added to the **passing** examination score or ratingof:
- A veteran who served at any time  and  who has a compensable service-connecteddisability rating of at least 10 percent but less than 30 percent.

**10-Point 30 Percent Compensable Disability Preference (CPS)**

Ten points are added to the **passing** examination score or ratingof a veteran who served at any time and who has a compensable service-connecteddisability rating of 30 percent or more.**10-Point Disability Preference (XP)**   

Ten points are added to the **passing** examination score or ratingof: 
- A veteran who served at any time and has a present service-connecteddisability or is receiving compensation, disability retirement benefits,or pension from the military or the Department of Veterans Affairs butdoes not qualify as a CP or CPS;     or   
- A veteran who received a Purple Heart.      10-Point Derived Preference (XP) Ten points are added to the  passing  examination score or ratingof spouses, widows, widowers, or mothers of veterans as described below.This type of preference is usually referred to as "derived preference"because it is based on service of a veteran who is not able to use thepreference.     Both a mother and a spouse (including widow or widower) may be entitledto preference on the basis of the same veteran's service if they both meetthe requirements. However, neither may receive preference if the veteranis living  and  is qualified for Federal employment.      *Spouse* Ten points are added to the  passing  examination score orrating of the spouse of a disabled veteran who is disqualified for a Federalposition along the general lines of his or her usual occupation  becauseof a service-connected disability . Such a disqualification may be presumed when the veteran is unemployed    and 
is rated by appropriate military or Department of Veterans Affairsauthorities to be 100 percent disabled and/or unemployable; 

**or**
has retired, been separated, or resigned from a civil service positionon the basis of a disability that is service-connected in origin;
or
has attempted to obtain a civil service position or other positionalong the lines of his or her usual occupation and has failed to qualify
because of a service-connected disability
. 
Preference may be allowed in other circumstances but anything less thanthe above warrants a more careful analysis.  
NOTE: 
Veterans' preference for spouses is different than the preferencethe Department of Defense is required by law to extend to spouses of activeduty members in filling its civilian positions. For more information onthat program, contact the Department of Defense. 

***Widow/Widower***
**T**en points are added to the passing examination score or ratingof the widow or widower of a veteran who was not divorced from the veteran,has not remarried, or the remarriage was annulled, and the veteran either:
- served during a war or during the period April 28, 1952, through July1, 1955, or in a campaign or expedition for which a campaign medal hasbeen authorized;      or   
- died while on active duty that included service described immediatelyabove under conditions that would not have been the basis for other thanan honorable or general discharge. 

***Mother of a deceased veteran***
Ten points are added to the **passing**examination score or ratingof the mother of a veteran who died under honorable conditions while onactive duty during a war or during the period April 28, 1952, through July1, 1955, or in a campaign or expedition for which a campaign medal hasbeen authorized; 
**and**she is or was married to the father of the veteran; **and**
- she lives with her totally and permanently disabled husband (eitherthe veteran's father or her husband through remarriage);      or   
- she is widowed, divorced, or separated from the veteran's father andhas not remarried;     or   
- she remarried but is widowed, divorced, or legally separated from herhusband when she claims preference.       *Mother of a disabled veteran*

Ten points are added to the **passing**examination score or ratingof a mother of a living disabled veteran if the veteran was separated withan honorable or general discharge from active duty performed at any time**and** is permanently and totally disabled from a service-connectedinjury or illness; and the mother: 
- is or was married to the father of the veteran;      and   
- lives with her totally and permanently disabled husband (either theveteran's father or her husband through remarriage); 
**or**
- is widowed, divorced, or separated from the veteran's father and hasnot remarried;      or   
- remarried but is widowed, divorced, or legally separated from her husbandwhen she claims preference.

**Note: Preference is not given to widows or mothers of veterans whoqualify for preference under 5 U.S.C. 2108 (1) (B) or (2). Thus, the widowor mother of a disabled veteran who served after 1955, but did not servein a war, campaign, or expedition, would not be entitled to preference.5 U.S.C. 2108 and 3309; 38 U.S.C. 5303A      **

**Adjudication of Veterans' PreferenceClaims   **
Agencies are responsible for adjudicating all preference claims exceptclaims for preference based on common-law marriage, which should be sentto the Office of Personnel Management (OPM), Office of the General Counsel,Washington, DC 20415. Detailed instructions on adjudicating veterans' preference claims are containedin Chapter 7 of *The Guide to Processing Personnel Actions*, an OPMoperating manual. That guide describes evidence needed as proof of service,honorable discharge, campaign service, the existence of a service-connecteddisability, and proof required of a spouse, widow, widower, or mother ofa veteran. **5 U.S.C. 3309, 3313 and 5 CFR 332.401, 337.101**

**CreditingExperience of Preference Eligibles    **
In evaluating experience, an examining office must credit a preferenceeligible's Armed Forces service as an extension of the work performed immediatelyprior to the service, or on the basis of the actual duties performed inthe service, or as a combination of both, whichever would most benefitthe preference eligible. The examining office must also give all applicants credit for job-relatedexperience, paid and unpaid, including experience in religious, civic,welfare, service and organizational activities. **5 U.S.C. 3311, 5 CFR 337.101**

**Physical Qualifications    **
In determining qualifications, agencies must waive a medical standardor physical requirement when there is sufficient evidence that the employeeor applicant, with or without reasonable accommodation, can perform theessential duties of the position without endangering the health and safetyof the individual or others.**Special provisions apply to the proposed disqualification of a preferenceeligible with a 30 percent or more compensable disability. See *Disqualificationof 30 Percent or more Disabled Veterans* below.**
**5 U.S.C. 3312, 5 CFR Part 339.204  **

**Preferencein Competitive Examinations   **Preference eligibles who are qualified for a position (achievea score of 70 to 100) have 5 or 10 extra points added to their numericalratings depending on which of the previously described categories of preferencethey meet. This means the highest possible rating is 110 (a disabled veteranwho earns a score of 100 has 10 extra points added). Names of eligible applicants are placed on lists, or registers of eligibles,in the order of their ratings. Registers are established as standing registersfrom which selections will be made over a period of time and for case examiningin which a register is used to fill a single position or a group of positionsand is closed after the needed selection(s) is made. **For scientific and professional positions in grade General Schedule(GS) - 9 or higher,**names of all qualified applicants are listed ona register in order of ratings, augmented by veteran preference, if any.
**For all other positions,**the names of 10-point preference eligibleswho have a compensable, service-connected disability of 10 percent or more(CP and CPS) are listed at the top of the register in the order of theirratings ahead of the names of all other eligibles. The names of other 10-pointpreference eligibles, 5-point preference eligibles, and other applicantsare listed in order of their numerical ratings.
A preference eligible is listed ahead of a nonpreference eligible havingthe same final rating. **5 U.S.C. 3309, 3313 and 5 CFR 332.401 and 337.101**

**Fillinga Position From a Competitive Examination    **
- Announcing the Vacancy  To fill a vacancy by selection from a competitive examination the selectingofficial requests a list of eligibles from the examining office. The examiningoffice must announce the competitive examination to the public and reportit to the Office of Personnel Management (OPM), which notifies the Stateemployment service. Subsequently, the examining office determines whichapplicants are qualified, rates and ranks them based on their qualifications,and issues a certificate of eligibles, which is a list of eligibles withthe highest scores from the top of the appropriate register. A certificateof eligibles may be used for permanent, term, or temporary appointment.  
- The "Rule of Three" and Veteran Passovers    Selection must be made from the highest three eligibles on the certificatewho are available for the job--the "rule of three." However,an agency may not pass over a preference eligible to select a nonpreferenceeligible with the same or lower score.      Example: If the top person on a certificate is a 10-point disabledveteran (CP or CPS) and the second and third persons are 5-point preferenceeligibles, the appointing authority may choose any of the three.      Example:  If the top person on a certificate is a 10-point disabledveteran (CP or CPS), the second person is not a preference eligible, andthe third person is a 5-point preference eligible, the appointing authoritymay choose either of the preference eligibles. The appointing authoritymay not pass over the 10-point disabled veteran to select the nonpreferenceeligible unless an objection has been sustained. 

**Disqualificationsof Preference Eligibles    **A preference eligible can be eliminated from consideration only ifthe examining office sustains the agency's objection to the preferenceeligible for adequate reason. These reasons, which must be recorded, includemedical disqualification under 5 CFR Part 339, suitability disqualificationunder 5 CFR Part 731, or other reasons considered by the Office of PersonnelManagement (OPM) or an agency under delegated examining authority to be**disqualifying**.
OPM must approve the sufficiency of an agency reason to **medicallydisqualify** or pass over a preference eligible on a certificate basedon medical reasons to select a nonpreference eligible. **Special provisionsapply to the proposed disqualification or pass over for any reason of apreference eligible with a 30 percent or more compensable disability. *SeeDisqualification of 30 Percent or more Disabled Veterans below.***Agencies must refer suitability disqualifications to OPM for finalapproval, unless OPM has delegated authority to the agency in accordancewith 5 CFR Part 731.The preference eligible (or his or her representative) is entitled on requestto a copy of the agency's reasons for the proposed pass over and the examiningoffice's response. An appointing official is not required to consider a person who has threetimes been passed over with appropriate approval or who has already beenconsidered for three separate appointments from the same or different certificatesfor the same position. But in each of these considerations, the personmust have been within reach under the rule of three and a selection musthave been made from that group of three. Further, the preference eligibleis entitled to advance notice of discontinuance of certification. 
**5 U.S.C. 3317, 3318 and 5 CFR 332.402, 332.404, 332.405, 332.406,and Parts 339 and 731**

**Disqualificationof 30 Percent or More Disabled Veterans    **
The following special provisions apply to disabled veterans with a compensableservice-connected disability of 30 percent or more: 
-  If an agency proposes to pass over a disabled veteran on a certificateto select a person who is not a preference eligible, or to disqualify adisabled veteran based on the physical requirements of the position, itmust at the same time notify both the Office of Personnel Management (OPM)and the disabled veteran of the reasons for the determination and of theveteran's right to respond to OPM within 15 days of the date of the notification.  
- The agency must provide evidence to OPM that the notice was timelysent to the disabled veteran's last known address.   
- OPM must make a determination on the disabled veteran's physical abilityto perform the duties of the position, taking into account any additionalinformation provided by the veteran.   
- OPM will notify the agency and the disabled veteran of its decision,with which the agency must comply. If OPM agrees that the veteran cannotfulfill the physical requirements of the position, the agency may selectanother person from the certificate of eligibles. If OPM finds the veteranable to perform the job, the agency may not pass over the veteran.   

OPM is prohibited by law from delegating this function to any agency.**5 U.S.C. 3312, 3318      **

**PreferenceEligibles and the Nepotism Provision    **
A public official may not advocate a relative for appointment, employment,promotion, or advancement, or appoint, employ, promote, or advance a relative,to a position in an agency in which the public official is employed orover which he or she exercises jurisdiction or control. This restriction does not, however, prohibit the appointment of a preferenceeligible whose name is within reach for selection on an appropriate certificateof eligibles when an alternative selection cannot be made from the certificatewithout passing over the preference eligible and selecting an individualwho is not a preference eligible. **5 U.S.C. 3110(e) and 5 CFR Part 310, Subpart A**

**Filing Late Applications   **
A veteran may file a late application under the following circumstancesby contacting the employing agency. Agencies are responsible for accepting,retaining, and considering their applications as required by law and regulationregardless of whether the agency uses case examining or maintains a continuingregister of eligibles. Applications from 10-point preference eligibles must be accepted, as describedbelow, for future vacancies that may arise after a case examining registeror continuing register is closed. Agencies must accept applications fromother individuals who are eligible to file on a delayed basis only as longas a case examining register exists. 
A
 10-point preference eligible 
may file a job application withan agency at any time. If the applicant is qualified for positions filledfrom a register, the agency must add the candidate to the register, evenif the register is closed to other applicants. If the applicant is qualifiedfor positions filled through case examining, the agency will ensure thatthe applicant is referred on a certificate as soon as possible. If thereis no immediate opening, the agency must retain the application in a specialfile for referral on certificates for future vacancies for up to threeyears. The Office of Personnel Management's 
Delegated Examining OperationsHandbook 
provides detailed instructions. 
A 
preference eligible 
is entitled to be reentered on each register(or its successor) where previously listed if he or she applies within90 days after resignation without delinquency or misconduct from a careeror career-conditional appointment. 
A
 preference eligible 
is entitled to be entered on an appropriateexisting register if he or she applies within 90 days after furlough orseparation without delinquency or misconduct from a career or career-conditionalappointment or if found eligible to apply 
after successfully appealinga furlough or discharge
 from career or career-conditional appointment.
A person who lost eligibility for appointment from a register becauseof active duty in the Armed Forces is entitled to be restored to the register(or its successor) and receive priority consideration when certain conditionsare met. See 5 CFR 332.322 for more details.
A person who was unable to file for an open competitive examinationor appear for a test because of 
service in the Armed Forces or hospitalization
continuing for up to 1 year following discharge may file after the closingdate if the register of eligibles still exists. 
A 
Federal employee
 who was unable to file for an open competitiveexamination or appear for a test because of active Reserve duty continuingbeyond 15 days may file after the closing date of an existing register.
5 U.S.C. 3305, 3314, 3315, and 5 CFR 332.311, 332.312, 332.321, 332.322

**TemporaryAppointment Outside of Competitive Registers   **
In making a temporary appointment not to exceed 1 year, agencies mayuse competitive registers as discussed above or an alternative rankingprocess called **"outside the register."** (Agencies may alsomake noncompetitive temporary appointments under the limited situationsin 5 CFR 316.402(b). These noncompetitive appointments may be made withoutregard to competitive examining or outside-the-register procedures butagencies must notify the Office of Personnel Management (OPM) of the vacancywhen the appointment will be for 90 days or more **and** the agencywill consider applicants from outside the agency.) Agencies may use "outside-the-register" procedures, describedin 5 CFR Part 333, to make a temporary appointment even if they have competitiveexamining authority or an existing register for permanent appointment toa similar position. **Veterans' preference** is applied as describedbelow.  Employees selected do not acquire status or noncompetitiveeligibility for a career-conditional appointment. Here is a summary of the Part 333 outside-the-register process for makingtemporary appointments to competitive service positions.  Agencies:
- Issue job announcements and report the announcement to OPM which thennotifies State employment service offices of the vacancy. (See 5 CFR 333.102.)  
- Screen applicants to determine whether they meet OPM's qualificationstandard for the position.   
- Disqualify applicants, as necessary, for medical reasons as providedin 5 CFR Part 339. OPM must approve the sufficiency of an agency reasonto medically disqualify or pass over a preference eligible on a certificatebased on medical reasons to select a nonpreference eligible.  Specialprovisions apply to the proposed disqualification or Pass over for anyreason of a preference eligible with a 30 percent or more compensable disability.See *Disqualification of 30 Percent or more Disabled Veterans* above.  
- Refer suitability disqualifications to OPM for final approval, unlessOPM has delegated authority to the agency in accordance with 5 CFR Part731.   
- Rank eligible applicants according to one of two methods:        Method 1 Method 1 is the same as the process for making a permanent appointmentfrom a competitive examinatio. The agency assigns numerical ratings of70-100 based on the degree to which each applicant possesses knowledge,skills, and abilities required by the job to be filled and grants an additional5 or 10 points to preference eligibles, as described above under  Typesof Preference.  The agency ranks candidates as described above under Preference in Competitive Examinations  and makes a selection asdescribed above under  Filling a Position From a Competitive Examination .Method 1 is preferable when the position requires specialized skills.                     ORMethod 2  The agency ranks eligible candidates on the basis of their veterans'preference status. Method 2 is preferable for jobs that require no specializedqualifications or when all applicants have substantially the same qualifications.     For professional and scientific jobs at the GS-9 level or above,  allpreference eligibles are listed ahead of nonpreference eligibles, but nodistinction is made in the type of preference a candidate has. In otherwords, an agency may select any candidate entitled to veterans' preference.     For all other jobs,  agencies first refer preference eligibles withcompensable service-connected disabilities of 10 percent or more (CP andCPS), then all other preference eligibles, then candidates without veterans'preference. 
A nonpreference eligible may not be selected when a preference eligibleis available, except when objections to preference eligibles are sustainedas discussed above under *Filling a Position From a Competitive Examination*,or an appointing authority has three times with appropriate approval passedover the eligible for the same position and selected another eligible,or the appointing authority has considered the preference eligible, whenwithin reach, for three separate appointments for positions at the samegrade level and for the same line of work and selected another eligible.

**5 CFR Part 316, Subpart D; 330.102; and Part 333    **

**Excepted ServiceEmployment   **
The Veterans' Preference Act requires an appointing authority in theexecutive branch to select from among qualified applicants for appointmentto excepted service vacancies in the same manner and under the same conditionsrequired for the competitive service by 5 U.S.C. 3308-3318. Appointmentsmade with the advice and consent of the Senate are exempt. Office of Personnel Management regulations governing the application ofveterans' preference in excepted appointments are in 5 CFR Part 302. 
**5 U.S.C. 3320 and 5 CFR Part 302**

**Administrationand Enforcement of Veterans' Preference   **
Office of Personnel Management (OPM) is charged with prescribing andenforcing regulations for the administration of veterans' preference inthe competitive service in executive agencies. OPM is charged with prescribingregulations for the administration of veterans' preference in the exceptedservice in executive agencies. Agencies themselves are generally responsiblefor enforcement. **5 U.S.C. 1302      **

**3.  Veterans'Preference in Reduction in Force   **
Veterans have advantages over nonveterans in a reduction in force (RIF).Also, special provisions apply in determining whether retired militarymembers receive preference in RIF and whether their military service iscounted. This chapter deals with RIF in the competitive service; some,but not all, of the provisions apply in the excepted service. 

**Eligibilityfor Veterans' Preference in RIF   **
Determinations of veterans' preference eligibility are made in accordancewith the information under **Preference in Appointments**in Chapter2, except that a **retired member** of a uniformed service must meetan additional condition to be considered a preference eligible for RIFpurposes. This condition differs depending on the rank at which the individualretired from the uniformed service. Uniformed service as defined in 5 UnitedStates Code (U.S.C.) 2101 means the Armed Forces, the commissioned corpsof the Public Health Service, and the commissioned corps of the NationalOceanic and Atmospheric Administration. **Retirees below the rank of major (or equivalent)**get preferenceif:
Retirement from the uniformed service is based on disability that eitherresulted from injury or disease received in the line of duty as a directresult of armed conflict, or was caused by an instrumentality of war andwas incurred in the line of duty during a period of war as defined in section101(11) of title 38, U. S. C. "Period of war" includes WorldWar II, the Korean conflict, Vietnam era, the Persian Gulf War, or theperiod beginning on the date of any future declaration of war by the Congressand ending on the date prescribed by Presidential proclamation or concurrentresolution of the Congress; 
or
The employee's retired pay from a uniformed service is not based on20 or more years of full-time active service, regardless of when performedbut not including periods of active duty for training; 
or
T
he employee has been continuously employed in a position coveredby the 5 U.S.C. chapter 35 since November 30, 1964, without a break inservice of more than 30 days.
Retirees at or above the rank of major (or equivalent) 
get preferenceif they are disabled veterans as defined in 5 U.S.C. 2108(2) (includesXP, CP, and CPS) and also meet one of the criteria above for a person retiredbelow the rank of major. 
A preference eligible who at age 60 becomes eligible as a reservist forretired pay under 10 U.S.C. chapter 1223 (previously chapter 67) and whoretires at or above the rank of major (or equivalent) is considered a preferenceeligible for RIF purposes at age 60 only if he or she is a disabled veteranas defined in 5 U.S.C. 2108(2) (includes categories XP, CP, and CPS). Receiptof retired pay under chapter 1223 meets the requirement that retired paynot be based on 20 or more years of full-time active service. Eligibilityfor retired reservist pay occurs at age 60; up to that time a reservistis not considered a retired member of a uniformed service and, if otherwiseeligible, is a preference eligible for reduction in force purposes. 
5 U.S.C. 3501, 3502; 5 Code of Federal Regulations (CFR) 351.501 

**RIF Retention Standing   **
Employees are ranked on retention registers for competitive levels (groupsof similar jobs) based on four factors: tenure, veterans' preference, lengthof service, and performance. 

First they are placed in Tenure Group I, II, or III, depending on theirtype of appointment. Within each group, they are placed in a subgroup basedon their veteran status: 
- Subgroup AD includes each preference eligible who has a compensableservice-connected disability of 30 percent or more.   
- Subgroup A includes all other preference eligibles not in SubgroupAD, including employees with derived preference (see Chapter 2).   
- Subgroup B includes all employees not eligible for veterans' preference.    Within each subgroup, employees are ranked in descending order by the lengthof their creditable Federal civilian and military service, augmented byadditional service according to the level of their performance ratings.    When a position in a competitive level is abolished, the employee affected(released from the competitive level) is the one who stands the loweston the retention register. Because veterans are listed ahead of nonveteranswithin each tenure group, they are the last to be affected by a RIF action.

Employees are not subject to a reduction in force while they are servingin the uniformed services. After return from active duty, they are protectedfrom RIF action. If they served for more than 180 days, they may not beseparated by RIF for 1 year after their return. If they served for morethan 30 but less than 181 days, they may not be separated by RIF for 6months. **5 U.S.C. 3502; 5 CFR 351.404(a), 351.606(a), and Subpart E**

**AssignmentRights (Bump and Retreat)   **
When an employee in Tenure Group I or II with a minimally successfulperformance rating is released from a competitive level within the competitivearea where the RIF takes place, he or she is entitled under certain circumstancesto displace another employee with lower retention standing. The superiorstanding of preference eligibles gives then an advantage in being retainedover other employees. These displacement actions apply to the competitiveservice although an agency may, at its discretion, adopt similar provisionsfor its excepted employees. **Bumping**

An employee may bump in the same competitive area to a position**nomore than three grades (or grade intervals)** lower than the positionfrom which the employee is released that is held by an employee in a lowergroup or subgroup. 

**Retreating**

An employee may retreat in the same competitive area to a position heldby another employee with lower retention standing in the same tenure groupand subgroup that is essentially identical to one **previously held**by the retreating employee and is **no more than three grades (or gradeintervals) lower** than the position from which the employee is released.

A preference eligible with a**compensable service-connected disabilityof 30 percent or more**may retreat to a position**up to five grades(or grade intervals) lower.**An employee with an unacceptable performance rating has no right tobump or retreat. An employee with a performance rating of minimally successful may retreatonly to positions held by an employee with the same or lower rating. 

**Qualifications    **
In reviewing the qualifications of a preference eligible to determineassignment rights in a RIF, the agency must waive requirements as describedunder *Physical Qualifications* in Chapter 2. If the veteran involvedhas a 30 percent or more compensable disability, special procedures applyas described under *Disqualification of 30 Percent or more Disabled Veterans*in Chapter 2. OPM must approve the sufficiency of the agency's reasonsto medically disqualify a 30 percent or more compensably disabled veteranfor assignment to another position in a RIF. 
**5 U.S.C. 3502, 3504; 5 CFR Part 351, Subpart G, and Part 339**

**Appeal of RIF Actions   **
An employee who has been furloughed, separated, or demoted by RIF actionhas the right to appeal the action to the Merit Systems Protection Boardexcept when a negotiated procedure must be used. Assignment to a positionat the employee's same grade or representative rate is not appealable.Appeals must be filed during the period beginning on the day after theeffective date of the RIF action and ending 30 days after the effectivedate. Time limits for filing a grievance under a negotiated procedure arecontained in the negotiated agreement. **5 CFR 351.901, Part 1201**

**ReemploymentPriority for Separated Employees   **
After a RIF, separated competitive service employees in tenure groupsI and II are listed on the agency's Reemployment Priority List. The agencygenerally may not hire from most outside sources when qualified employeesare on the List. In hiring from the List, preference eligibles receivepreference over other employees. Excepted service employees separated byRIF receive similar priority in excepted employment. **5 U.S.C. 3315; 5 CFR Part 330, Subpart B, and Part 302**

              **4.  MiscellaneousProvisions Pertaining to Veterans   **

**JobsRestricted to Preference Eligibles**
Appointment through competitive examination and "outside the register"procedures for positions of guards, elevator operators, messengers, andcustodians are restricted to preference eligibles when they are available.**Title 5 United States Code (U.S.C.) 3310; Title 5 Code of Federal Regulations(CFR) Part 330, Subpart D**

**Reinstatement   **
Preference eligibles, including those with derived preference, who servedunder career or career-conditional appointment for any period of time havelifetime reinstatement eligibility to any competitive service positionfor which qualified. They have this eligibility regardless of whether theirArmed Forces service occurred before or after career or career-conditionalappointment. Competition under the agency's merit promotion plan is requiredif the position is at a higher grade level or has more promotion potentialthan a position previously held. **5 U.S.C. 3316; 5 CFR Part 315, Subpart D**

**180-DayRestriction on Department Of Defense (DOD) Employment of Military Retirees  **
A retired member of the Armed Forces may not be appointed to a civilianposition in DOD (including a nonappropriated fund position) within 180days after retirement unless:
the Secretary concerned authorizes the appointment; or 
the position is authorized special pay under 5 U.S.C. 5305; 
or 

- a state of national emergency exists.    Although the Office of Personnel Management (OPM) approval is requiredby law, OPM has delegated the authority to DOD to make these determinations.     5 U.S.C. 3326; no regulation

               **Reductionin Military Retired Pay   **
Retired **regular officers**, including warrant officers, of alluniformed services (including the Armed Forces and the commissioned corpsof the Public Health Service and the National Oceanic and Atmospheric Administration)under any work schedule must take a reduction in military retired or retainerpay when employed in a permanent or temporary Federal civilian job in theexecutive, legislative or judicial branch, including the U.S. Postal Serviceand nonappropriated fund instrumentalities (NAFI). **Retired Reserve officersand enlisted personnel**are**not**subject to a reduction unlessthe sum of retired pay and civilian basic pay (excluding locality pay)exceeds the **pay cap**. The pay cap is the basic pay of level V ofthe Executive Schedule. 
There is no reduction: 
- for retired regular officers during the first 30 days of a temporary,part-time, or intermittent appointment;      or   
- when the military retired or retainer pay is based in whole or in parton a disability incurred in the line of duty as a direct result of armedconflict or caused by an instrument of war during a period of war as definedin 38 U.S.C. 101(11). "Period of war" includes World War II,the Korean conflict, Vietnam era, the Persian Gulf War, or the period beginningon the date of any future declaration of war by the Congress and endingon the date prescribed by Presidential proclamation or concurrent resolutionof the Congress;      or   
- when OPM approves a specific exception on a case-by-case basis in exceptionaland unusual circumstances. These circumstances are limited to exceptionaldifficulty in recruiting or retaining a qualified employee for a specificjob and to emergency conditions that pose an immediate and direct threatto life or property. OPM may delegate authority to an agency head to approveexceptions in these emergency situa tions. Calculating the Reduction  Reductions are adjusted annually according to changes in the ConsumerPrice Index. Amounts effective for 1996 are as follows:     Retired regular officers who entered a uniformed service prior to 8/1/86have their retired pay reduced to an annual rate equal to the first $10,104.46of their retired pay, plus one half of any remainder.     The annual rate for those who entered uniformed service on or after 8/1/86is $9,10.26, plus one half of any remainder.     

**AffirmativeAction for Certain Veterans Under Title 38   **
Section 4214 of title 38, U.S.C., was enacted as part of the Veterans'Readjustment Appointment Act of 1974. This act placed into law the provisionsof the executive order that authorized the noncompetitive appointment ofVietnam era veterans under Veterans' Readjustment Appointment (VRA). The law also requires a separate affirmative action program for disabledveterans as defined in 38 U.S.C. 4214. The program is part of agency effortsto hire, place, and advance persons with disabilities under the RehabilitationAct of 1973 [29 U.S.C. 791(b)]. Title 38 does not provide any preferencefor veterans; preference is provided only under title 5, U.S.C. Rather,section 4214 calls upon agencies to: 
- provide placement consideration under special noncompetitive hiringauthorities for VRA eligibles and 30 percent or more disabled veterans;     and   
- ensure that all veterans are considered for employment and advancementunder merit system rules;      and   
- establish an affirmative action plan for the hiring, placement, andadvancement of disabled veterans.

**38 U.S.C. 4214; 5 CFR Part 720, Subpart C**

              **5.  ServiceCredit    **

**ServiceCredit for Leave Rate Accrual and Retirement   **
Not Retired from Uniformed Service 
For non-retired members, full credit for uniformed service (includingactive duty and active duty for training) performed under honorable conditionsis given for leave accrual purposes, and for retirement purposes provideda deposit, as required by law, is made to the retirement fund. Uniformedservice as defined in 5 U.S.C. 2101 means the Armed Forces, the commissionedcorps of the Public Health Service, and the commissioned corps of the NationalOceanic and Atmospheric Administration. 
Veterans first employed in a position covered by the Civil Service RetirementSystem (CSRS) on or after October 1, 1982, or in a position covered bythe Federal Employee Retirement System (FERS) on or after January 1, 1984,must make 
a deposit to the retirement fund 
of 7 percent (for CSRS)or 3 percent (for FERS) of basic military pay to obtain retirement credit.
Veterans employed in civil service positions before October 1, 1982, havethe option of either making a deposit to cover their military service orhaving their civil service annuity recomputed to delete post-1956 militaryservice if they are eligible for social security at age 62. 
If civilian service is interrupted by uniformed service, special rulesapply (see Chapter 7, Restoration After Uniformed Service). 
Retired from Uniformed Service 

Credit for uniformed service is substantially limited for retired members.In enacting the Dual Compensation Act in 1964, Congress adopted a compromisebetween the view that retired members should receive preference and fullcredit for their service and the view that there should be no advantagefor retired members. **For leave accrual,**retirees receive credit only for: 
actual service during a war declared by Congress (includes World WarII covering the period December 7, 1941, to April 28, 1952) or while participatingin a campaign or expedition for which a campaign badge is authorized; 
or 
all active duty when retirement was based on a disability receivedas a direct result of armed conflict or caused by an instrumentality ofwar and incurred in the line of duty during a period of war as definedin 38 U.S.C. 101(11). "Period of war" includes World War II,the Korean conflict, Vietnam era, the Persian Gulf War, or the period beginningon the date of any future declaration of war by the Congress and endingon the date prescribed by Presidential proclamation or concurrent resolutionof the Congress. 
For retirement: 
An employee must waive military retired pay to receive any credit formilitary service unless the retired pay is awarded based on a service-connecteddisability incurred in combat with an enemy of the United States or causedby an instrumentality of war and incurred in the line of duty during aperiod of war as defined by 38 U.S.C. 301, or awarded under 10 U.S.C. chapter1223 (previously chapter 67). 

**5 U.S.C. 6303, 8332 and 8411(c); and the CSRS and FERS Handbook**

**CreditableService for RIF--Not Retired from Uniformed Service    **
Total time in active service in the Armed Forces, including active dutyand active duty for training as defined in 37 U.S.C. 101, is credited forreduction in force purposes for those who are not retired members, regardlessof the type of discharge.If civilian service is interrupted by uniformed service, special rulesapply (see Chapter 5 on "Restoration After Uniformed Service").

**CreditableService for RIF--Retired from Uniformed Service    **
Credit for uniformed service is substantially limited for retired members.In enacting the Dual Compensation Act in 1964, Congress adopted a compromisebetween the view that retired members should receive preference and fullcredit for their service and the view that there should be no advantagefor retired members. Thus, retirees receive credit only as follows: 

A uniformed services retiree who is a preference eligible for RIF purposesreceives service credit for all active duty. Other retirees receive servicecredit only for active duty during a war as defined in Chapter 2, or servicein a campaign or expedition for which a campaign badge has been authorized.See *Eligibility for Veterans' Preference in RIF* in this chapterto determine if a retiree is a preference eligible for RIF purposes.

**5 U.S.C. 3501, 3502; 5 CFR 351.501(d), 351.503**

**CreditableService for Severance Pay      **
In computing the amount of severance pay a separated employee receives,credit is given only for military service performed by an employee whoreturns to civilian service by exercising a restoration right under law,executive order, or regulation. Military service performed prior to anindividual's Federal civilian service is not creditable for severance paypurposes. **5 U.S.C. 5595; 5 CFR 550.708**

            **6.  SpecialAppointing Authorities for Veterans   **

**Veterans'Readjustment Appointment (VRA) Authority**
The VRA is a special authority by which agencies can, if they wish,appoint eligible veterans without competition to positions at any gradelevel through General Schedule (GS) 11 or equivalent. (The promotion potentialof the position is not a factor.) VRA appointees are hired under exceptedappointments to positions that are otherwise in the competitive service.If the agency has more than one VRA candidate for the same job and one(or more) is a preference eligible, the agency must apply the veterans'preference procedures prescribed in 5 Code of Federal Regulations (CFR)Part 302 in making VRA appointments. A veteran who is eligible for a VRAappointment is not automatically eligible for veterans' preference. After two years of satisfactory service, the agency must convert the veteranto career or career-conditional appointment, as appropriate. 
Eligibility Requirements 
To be eligible for a VRA a veteran must: 
- have served in the Armed Forces on active duty (not active duty fortraining or inactive duty as a Reservist) for more than 180 days, any partof which occurred after August 4, 1964, (or February 28, 1961, for thosewho actually served in the Republic of Vietnam) and received other thana dishonorable discharge. If the component block at the top of DD form214,  Certificate of Release or Discharge from Active Duty,  indicatesenlistment in the Reserves, the person does not have active duty qualifyingfor VRA appointment. 

The 180-day requirement does not apply to veterans who were dischargedor released from active duty because of a service-connected disability,or members of the Reserve or National Guard ordered to active duty under10 United States Code (U.S.C.) 12301(a), (d), or (g), 12302, or 12304 forservice during a period of war as defined in 38 U.S.C. 101(11) or in acampaign or expedition for which a campaign badge is authorized. "Periodof war" includes World War II, the Korean conflict, Vietnam era, thePersian Gulf War, or the period beginning on the date of any future declarationof war by the Congress and ending on the date prescribed by Presidentialproclamation or concurrent resolution of the Congress;

**and**
- meet the qualification requirements for the position. The individual'smilitary service is considered qualifying for positions at GS-3 and below.For positions above GS-3, the appointee must meet the qualification requirements,but the agency may waive any written test requirement. If a test is required,a designated agency examiner may administer the test noncompetitively.  

- Time Limits  A Vietnam-era veteran with service between August 5, 1964, (or February28, 1961, for those who actually served in the Republic of Vietnam) andMay 7, 1975, may be appointed within 10 years of last discharge or separation.    A post-Vietnam-era veteran whose initial service was after May 7, 1975,may be appointed within 10 years of last discharge or separation or untilDecember 31, 1999, whichever is later.     These time limits do not apply to a veteran with a 30 percent or more service-connecteddisability.   
- Making Appointments  Ordinarily, an agency may simply appoint any VRA eligible who meetsthe basic qualifications requirements for the position to be filled withouthaving to announce the job or rate and rank applicants. However, as noted,veterans' preference applies in making appointments under the VRA authority.This means that if an agency has 2 or more VRA candidates and 1 or moreis a preference eligible, the agency must apply veterans' preference. Furthermore,an agency must consider all VRA candidates on file who are qualified forthe position and could reasonably expect to be considered for the opportunity;it cannot place VRA candidates in separate groups or consider them as separatesources in order to avoid applying preference or to reach a favored candidate.  
- Terms and Conditions of Employment  A VRA appointee may be promoted, demoted, reassigned, or transferredin the same way as a career employee. As with other competitive serviceemployees, the time in grade requirement applies to the promotion of VRAs.If a VRA-eligible employee is qualified for a higher grade, an agency may,at its discretion, give the employee a new VRA appointment at a highergrade up through GS-11 (or equivalent) without regard to time-in-grade.    Agencies must establish a training or education program for any VRA appointeewho has less than 15 years of education. This program should meet the needsof both the agency and the employee.   
- Appeal Rights  During their first year of employment, VRA appointees have the samelimited appeal rights as competitive service probationers, but otherwisethey have the appeal rights of excepted service employees. This means thatVRA employees who are preference eligibles have adverse action protectionsafter one year (see Chapter 7). VRA's who are not preference eligiblesdo not get this protection until they have completed 2 years of currentcontinuous employment in the same or similar position.   
- Nonpermanent Appointment Based on VRA Eligibility  Agencies may make a noncompetitive temporary or term appointment basedon an individual's eligibility for VRA appointment. The temporary or termappointment must be at the grades authorized for VRA appointment but isnot a VRA appointment itself and does not lead to conversion to career-conditional.
**38 U.S.C. 4214; 5 CFR Part 307; 5 CFR 752.401 (c)(3)     **

**30Percent or More Disabled Veterans    **
An agency may give a noncompetitive temporary appointment of more than60 days or a term appointment to any veteran: 
- retired from active military service with a disability rating of 30percent or more; or   
- rated by the Department of Veterans Affairs (VA) within the precedingyear as having a compensable service-connected disability of 30 percentor more.     There is no grade level limitation for this authority, but the appointeemust meet all qualification requirements, including any written test requirement.    The agency may convert the employee, without a break in service, to a careeror career-conditional appointment at any time during the employee's temporaryor term appointment. 

**5 U.S.C. 3112; 5 CFR 316.302, 316.402 and 315.707**

**DisabledVeterans Enrolled in a VA Training Program    **
Disabled veterans eligible for training under the VA vocational rehabilitationprogram may enroll for training or work experience at an agency under theterms of an agreement between the agency and VA. While enrolled in theVA program, the veteran is **not a Federal employee** for most purposesbut is a beneficiary of the VA. Training is tailored to the individual's needs and goals, so there is noset length. If the training is intended to prepare the individual for **eventualappointment**in the agency rather than just provide work experience,the agency must ensure that the training will enable the veteran to meetthe qualification requirements for the position.Upon successful completion, the host agency and VA give the veteran a Certificateof Training showing the occupational series and grade level of the positionfor which trained. The Certificate of Training allows any agency to appointthe veteran noncompetitively under a status quo appointment which may beconverted to career or career-conditional at any time. **38 U.S.C. chapter 31; 5 CFR 3.1 and 315.604**

          **7.  Restorationafter Uniformed Service   Basic Entitlement   **
Any Federal employee, permanent or temporary, in an executive agencyother than an intelligence agency, but including the U.S. Postal Service,Postal Rate Commission, and nonappropriated fund activity, who performsduty with a uniformed service (including active duty, active duty for training,or inactive duty training), whether voluntary or involuntary, is entitledto be restored to the position he or she would have attained had the employeenot entered the uniformed service, provided the employee: 
- gave the agency advance notice of departure except where preventedby military circumstances;      and   
- was released from uniformed service under honorable conditions;      and   
- served no more than a cumulative total of 5 years (exceptions are allowedfor training and involuntary active duty extensions, and to complete aninitial service obligation of more than 5 years);      and  
- applies for restoration within the appropriate time limits.     Employees in the intelligence agencies have substantially the same rights,but are covered under agency regulations rather than the Office of PersonnelManagement's (OPM) and have different appeal rights. 

While on duty with the uniformed services, the agency carries the employeeon leave without pay unless the employee requests separation. A separationunder these circumstances does not affect restoration rights. Uniformed service as defined in 38 United States Code (U.S.C.) 4303(16)means the Armed Forces; the Army and Air National Guard when engaged inactive duty for training, inactive duty training, or full-time NationalGuard duty; the commissioned corps of the Public Health Service; and anyother category of persons designated by the President in time of war oremergency. 
**Title 38 U.S.C. chapter 43; Title 5 Code of Federal Regulations (CFR)Part 353**

**AdvisingEmployees / Resolving Employment Conflicts    **
Agencies must tell employees who enter the service about their entitlements,obligations, benefits, and appeal rights. Employees in a Reserve component have an obligation both to the militaryand to their civilian employers. Because of military downsizing, the Reservesare being used increasingly to complement the active duty component onoperational missions that go beyond week-end drills and summer training.As a result, some conflict may be unavoidable and good-faith efforts bythe employee and the agency are needed to resolve any differences. Agencies may not question the timing, frequency, duration, and nature ofthe uniformed service, but employees are obligated to try to minimize theagency's burden. For example, Department of Defense (DOD) directives providethat it is DOD policy for Reserve component members to give their employeras much advance written notice as practicable of any pending military duty.When there is a conflict between the Reserve duty and the legitimate needsof the agency, the agency may contact appropriate military authorities(typically, the unit commander) to express concern or to determine if themilitary service could be rescheduled or performed by another member. Ifmilitary authorities determine that the service is necessary, the agencyis required to permit the employee to go.

**Time Limits     **
Employees who served in the uniformed services:
- Less than 31 days  (or who leave to take a fitness exam for service)must report back to work at the beginning of the next regularly scheduledwork day following their completion of service and the expiration of 8hours after a time for safe transportation back to the employee's residence.  
- More than 30 but less than 181  days must apply for reemploymentno later than 14 days after completion of service.   
- More than 180 days  have 90 days after completion of serviceto apply for restoration.   

Employees who fail to meet these time limits are subject to disciplinaryaction. **Agencies must reemploy as soon as practicable, but no later than 30days after receiving the application. Agencies have the right to ask fordocumentation showing the length and character of the employee's serviceand the timeliness of the application.**

**Positionsto Which Restored    **
- Employees who served less than 91 days  must be placed in theposition for which qualified that they would have attained had their employmentnot been interrupted. If not qualified for such position after reasonableefforts by the agency to qualify the person, the employee is entitled tobe placed in the position he or she left.   
- Employees who served more than 90 days  have essentially thesame rights as described above except that the agency has the option ofplacing the employee in a position for which qualified of like seniority,status, and pay.   
- Employees with service-connected disabilities  who are not qualifiedfor the above must be reemployed in a position that most closely approximatesthe position they would have been entitled to, consistent with the circumstancesin each case.   
- Employees who were under time-limited appointments  finish theunexpired portion of their appointments upon their return. 

**Service Credit    **
Upon restoration, employees are generally treated as though they hadnever left. This means that time spent in the uniformed services countsfor seniority, within-grade increases, completion of probation, careertenure, retirement, and leave rate accrual. (Employees do not earn sickor annual leave while off the rolls or in a nonpay status.) To receive civil service retirement credit for military service, a depositto the retirement fund is usually required to cover the period of militaryservice. Only active, honorable military service is creditable for retirementpurposes. If the employee is under the Civil Service Retirement System(CSRS), a deposit of 7 percent of military basic pay (plus interest undercertain conditions) is required. The deposit is 3 percent if the employeeis under the Federal Employees Retirement System (FERS). However, theseamounts may be different if: 
- the employee's creditable civilian service was interrupted by militaryduty;    and   
- reemployment occurred pursuant to 38 U.S.C. chapter 43 on or afterAugust 1, 1990.     In such a situation, the contribution is either the above-prescribed amountor the amount of civilian retirement deductions which would have been withheldhad the individual not entered uniformed service if this amount is lessthan the normal deposit for military service.   

- National Guard Service  Special rules apply to crediting National Guard service.     Prior to the enactment of Public Law 103-353 in October 1994, NationalGuard service was creditable military service for civil service retirementonly when the National Guard was activated in the service of the UnitedStates. The 1994 law made full-time National Guard service (as defined by 10 U.S.C.101(d)) which interrupted creditable Federal civilian employment underCSRS or FERS and was followed by restoration under chapter 43 of title38, U.S.C., on or after August 1, 1990, creditable as military service.  

**OPM Placement     **
**I**f the employing agency is unable to reemploy an individual returningfrom duty with a uniformed service, OPM will order placement in anotheragency when: 
- OPM determines that it is impossible or unreasonable for an agencyin the executive branch (other than an intelligence agency) to reemploythe person;      or   
- an intelligence agency or an agency in the legislative or judicialbranch notifies OPM that it is impossible or unreasonable to reemploy theperson, and the person applies to OPM for placement assistance;      or   
- a noncareer National Guard technician who is not eligible for continuedmembership in the Guard for reasons beyond his or her control applies toOPM for placement assistance.   

**Employee Protections   **
Employees are not subject to a **reduction in force** while theyare serving in the uniformed services. If they served for more than 180days, they may not be separated, except for cause, for 1 year after theirreturn. If they served for more than 30 but less than 181 days, they maynot be separated, **except for cause**, for 6 months. (Reduction inforce is not considered "for cause" under OPM's regulations.)The law expressly prohibits any kind of discrimination or act of reprisalagainst an applicant or employee because of his or her application, membershipor service in the uniformed services. 

**Paid Military Leave   **
Each fiscal year, employees under permanent appointment are entitledto 15 calendar days of military leave, with pay, to perform active dutyas a member of a Reserve component. Part-time employees are entitled tomilitary leave pro-rated according to the tour of duty, e.g., an employeewho works 20 hours a week earns 7 days of military leave. Employees may carry over 15 days of unused military leave into a new fiscalyear. Therefore, potentially they may have a total of 30 days to use inany one fiscal year. This means that Reservists whose military duty spanstwo fiscal years may use up to 45 days of military leave at one time. Nonworkdayscount against the 15 days of military leave allowed during the year exceptwhen the non-workdays occur at the beginning or end of the military leaveperiod. Reservists may not use annual leave or leave without pay interchangeablywith military leave, on a selective basis, to avoid being charged militaryleave during weekends and holidays. Also, except for Postal Service employees,Reservists may not use military leave to cover drill periods since monthlydrills are considered inactive duty training and paid military leave isintended only for periods of active duty. They may, however, use annualleave or leave without pay. The Comptroller General has held that generally an employee must be ina pay status either immediately before or after taking military leave.The test for determining entitlement to military leave is whether, butfor the active duty, the employee would have been in a civilian pay status.Upon request, an employee performing duty with the uniformed services isentitled to use either accrued annual leave or military leave for suchservice. However, military leave cannot be used for inactive duty, e.g.,drills. **5 U.S.C. 6323; 11 Comp. Gen. 469; 29 Comp. Gen. 269; 32 Comp. Gen. 204;17 Comp. Gen. 174; and 37 Comp. Gen. 608**

**Life and HealthInsurance     **
The life insurance of an employee who takes leave without pay to enterthe uniformed services continues for up to 12 months. If the employee separates,life insurance continues for up to 12 months, or 90 days after uniformedservice ends, whichever is sooner. There is no cost to the employee forthis extension of coverage. Employees who enter the uniformed services may elect to have their **healthinsurance coverage** continue for up to 12 months, and the employee continuesto pay his or her share of the premium. Employees who remain in the uniformedservices beyond 12 months may continue their health insurance for an additional6 months by paying 102 percent of the premium, i.e., the employee's share,the Government's share, and a 2 percent administrative fee. **5 CFR Parts 870.501 and 890.303, 304, 305, 502**

**Thrift Savings    **
Employees who perform uniformed service may make up any contributionsto the thrift savings plan they missed because of such service. **5 CFR Part 1620**

          **8.  Special RedressAnd Appeals    **The redress and appeal rights available to veterans under lawdepend upon the nature of the action being appealed. These actions fallinto the following categories: 

**Adverse Actions    **
Preference eligibles have protections against adverse actions, includingdemotion, suspension for more than 14 days, furlough for 30 days or less,and removal. These protections include advance notice, a reasonable timeto respond, representation by an attorney or other person, a final writtendecision, and an appeal right to the Merit Systems Protection Board. 
The law provides adverse action rights to preference eligibles of anyrank who are:
- under career or career-conditional appointment and not serving probation.  
- under competitive service appointments other than a temporary appointmentnot to exceed 1 year or less and who have completed 1 year of continuousservice.   
- under excepted appointment in an executive agency, the U.S. PostalService or the Postal Rate Commission and who have completed 1 year ofcurrent continuous service in the same or similar positions. Because thelaw also exempts certain categories of excepted employees, it is alwaysnecessary to check the law in specific cases.      Title 5 United States Code (U.S.C.) 2108 (4) chapters 43 and 75; Title5 Code of Federal Regulations (CFR) Parts 432 and 752 

**Reduction in Force     **
Employees who believe that an agency has not complied with the law orwith the Office of Personnel Management's (OPM) regulations governing reductionin force may appeal to the Merit Systems Protection Board as discussedin Chapter 3. **5 CFR 351.901**

**Restorationafter Uniformed Service    **
Applicants or employees who believe that an agency has not compliedwith the law or with OPM regulations governing the restoration rights ofemployees who perform duty with the uniformed services may file a complaintwith the Department of Labor's local Veterans' Employment and TrainingService office or appeal directly to the Merit Systems Protection Board.**38 U.S.C. chapter 43**

**Other Actions    **
**Memorandum of Understanding between OPM and Department of Labor**
By law, the Department of Labor's Veterans' Employment and TrainingService (VETS) is required to monitor the application of veterans' preferencein agencies and the posting of job vacancies with the State EmploymentService. When VETS finds that an agency has failed to carry out its responsibilities,VETS reports the matter to OPM for corrective action. OPM and VETS have entered into a Memorandum of Understanding (MOU) forapplying these provisions. An **eligible**veteran may file a complaintwith the local VETS office within 45 days of an action covered by the MO**U.**The MOU covers the following**actions:**
- agency failure to list with OPM and the State Employment Service, asrequired by 5 U.S.C. 3327(b), competitive vacancies for which it is soliciting"outside" candidates;   
- agency failure to accord veterans' preference in initial employmentto a veteran who is entitled to preference under 5 U.S.C. 2108, and   
- agency failure to promote the maximum of employment and job advancementopportunities for disabled veterans and veterans eligible for a Veterans'Readjustment Appointment as required by 38 U.S.C. 4214(a). 

The MOU does **not**cover: 
- matters which are grievable or appealable to other third parties suchas arbitrators, the Merit Systems Protection Board, the Equal EmploymentOpportunities Commission, or the Office of Special Counsel;   
- alleged discrimination against a veteran that is not directly relatedto the denial of a right or benefit provided for under the MOU;   
- actions such as promotions that are not within the purview of the statutesthat the MOU implements. For example, the veterans' preference laws donot give veterans' preference in promotion. If a veteran believes he orshe was improperly excluded from the best-qualified group in a promotionaction, the proper remedy is to file a grievance under the agency administrativeor negotiated grievance procedures.      To be eligible to file a complaint under the MOU, a veteran must:   
- have served on active duty in the Armed Forces for more than 180 days(other than for training) and been released or discharged with other thana dishonorable discharge,      or   
- have been released or discharged from active duty because of a service-connecteddisability,      or   
- as a member of a Reserve component ordered to active duty under 10U.S.C. 12301(a), (d), or (g), 12302, or 12304, have served on active dutyduring a period of war as defined in 38 U.S.C. 101(11) or in a campaignor expedition for which a campaign or expeditionary medal is authorized,such as El Salvador, Lebanon, Grenada, Panama, Southwest Asia, Somalia,and Haiti and been released or discharged from active duty with other thana dishonorable discharge.     "Period of war" includes World War II, the Korean conflict, Vietnamera, the Persian Gulf War, or the period beginning on the date of any futuredeclaration of war by the Congress and ending on the date prescribed byPresidential proclamation or concurrent resolution of the Congress      Title 38 U.S.C. 4103(c)(13) and (14); Interagency Advisory Group memoof 1/18/94 from OPM to Directors of Personnel, subject: Special EmploymentComplaint Procedure for Veterans under 38 U.S.C. 4103.     

- Veterans' Preference  OPM is committed to ensuring that veterans' preference is properlyapplied and will look into any credible complaint from a veteran who believeshis or her rights or benefits were denied. The veteran may present a complaintto the local OPM Service Center or to the OPM Office of Merit Systems Oversightand Effectiveness, Washington, DC 20415. This OPM service is in additionto the formal appeal rights veterans have under law.       Prohibited PersonnelPractice     
It is a prohibited personnel practice for an officer or employee ofthe Department of Defense or member of the Armed Forces having authorityto take, direct, recommend, or approve a personnel action to take suchactions, or fail to do so, if the action violates veterans' preference.Coverage includes veterans' preference under title 5, United States Code,and other laws. A person who believes a prohibited personnel practice hasoccurred may file a complaint with the Office of Special Counsel. **Pub. L. 104-201, sec. 1615**

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Updated 29 April 1997