5 U.S. Code § 3330b - Preference eligibles; judicial redress

(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 3330a (d); or
(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.

Source

(Added Pub. L. 105–339, § 3(a),Oct. 31, 1998, 112 Stat. 3184; amended Pub. L. 108–454, title VIII, § 804(b),Dec. 10, 2004, 118 Stat. 3626.)
Amendments

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.

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


5 CFR - Administrative Personnel

5 CFR Part 1208 - PRACTICES AND PROCEDURES FOR APPEALS UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT AND THE VETERANS EMPLOYMENT OPPORTUNITIES ACT

 

LII has no control over and does not endorse any external Internet site that contains links to or references LII.