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U.S. Code as of:
01/19/04
Section 4314. Reemployment by the Federal Government
(a) Except as provided in subsections (b), (c), and (d), if a
person is entitled to reemployment by the Federal Government under
section 4312, such person shall be reemployed in a position of
employment as described in section 4313.
(b)(1) If the Director of the Office of Personnel Management
makes a determination described in paragraph (2) with respect to a
person who was employed by a Federal executive agency at the time
the person entered the service from which the person seeks
reemployment under this section, the Director shall -
(A) identify a position of like seniority, status, and pay at
another Federal executive agency that satisfies the requirements
of section 4313 and for which the person is qualified; and
(B) ensure that the person is offered such position.
(2) The Director shall carry out the duties referred to in
subparagraphs (A) and (B) of paragraph (1) if the Director
determines that -
(A) the Federal executive agency that employed the person
referred to in such paragraph no longer exists and the functions
of such agency have not been transferred to another Federal
executive agency; or
(B) it is impossible or unreasonable for the agency to reemploy
the person.
(c) If the employer of a person described in subsection (a) was,
at the time such person entered the service from which such person
seeks reemployment under this section, a part of the judicial
branch or the legislative branch of the Federal Government, and
such employer determines that it is impossible or unreasonable for
such employer to reemploy such person, such person shall, upon
application to the Director of the Office of Personnel Management,
be ensured an offer of employment in an alternative position in a
Federal executive agency on the basis described in subsection (b).
(d) If the adjutant general of a State determines that it is
impossible or unreasonable to reemploy a person who was a National
Guard technician employed under section 709 of title 32, such
person shall, upon application to the Director of the Office of
Personnel Management, be ensured an offer of employment in an
alternative position in a Federal executive agency on the basis
described in subsection (b).
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