(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
(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.
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) ofsection
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.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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