(a) In generalThe Commission may waive the application of section 8344 or 8468 of title 5 on a case-by-case basis for employment of an annuitant—
in a position of the Commission for which there is exceptional difficulty in recruiting or retaining a qualified employee; or
(b) ProceduresThe Commission shall prescribe procedures for the exercise of authority under this section, including—
(c) Effect of waiver
An employee as to whom a waiver under this section is in effect shall not be considered an employee for purposes of subchapter II of chapter 83, or chapter 84, of title 5.
(Aug. 1, 1946, ch. 724, title I, § 170C, as added Pub. L. 109–58, title VI, § 624(a), Aug. 8, 2005, 119 Stat. 783.)