Page:United States Statutes at Large Volume 108 Part 4.djvu/517

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PUBLIC LAW 103-353—OCT. 13, 1994 108 STAT. 3151 "(i) a person, institution, organization, or other entity to whom the employer has delegated the performance of employment-related responsibilities; "(ii) the Federal Government; "(iii) a State; "(iv) any successor in interest to a person, institution, organization, or other entity referred to in this subparagraph; and "(v) a person, institution, organization, or other entity that has denied initial employment in violation of section 4311. "(B) In the case of a National Guard technician employed under section 709 of title 32, the term 'employer* means the adjutant general of the State in which the technician is employed. "(C) Except as an actual employer of employees, an employee pension benefit plan described in section 3(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(2)) shall be deemed to be an employer only with respect to the obligation to provide benefits described in section 4318. "(5) The term 'Federal executive agency' includes the United States Postal Service, the Postal Rate Commission, any nonappropriated fund instrumentality of the United States, any Executive agency (as that term is defined in section 105 of title 5) other than an agency referred to in section 2302(a)(2)(C)(ii) of title 5, and any military department (as that term is defined in section 102 of title 5) with respect to the civilian employees of that department. "(6) The term 'Federal Government' includes any Federal executive agency, the legislative branch of the United States, and the judicial branch of the United States. "(7) The term 'health plan' means an insurance policy or contract, medical or hospital service agreement, membership or subscription contract, or other arrangement under which health services for individuals are provided or the expenses of such services are paid. "(8) The term 'notice' means (with respect to subchapter II) any written or verbal notification of an obligation or intention to perform service in the uniformed services provided to an employer by the employee who will perform such service or by the uniformed service in which such service is to be performed. "(9) The term 'qualified', with respect to an employment position, means having the ability to perform the essential tasks of the position. "(10) The term 'reasonable efforts', in the case of actions required of an employer under this chapter, means actions, including training provided by an employer, that do not place an undue hardship on the employer. "(11) Notwithstanding section 101, the term 'Secretary* means the Secretary of Labor or any person designated by such Secretary to carry out an activity under this chapter. "(12) The term 'seniority' means longevity in employment together with any benefits of employment which accrue with, or are determined by, longevity in employment. "(13) The term 'service in the uniformed services' means the performance of duty on a voluntary or involuntary basis