PUBLIC LAW 95-454—OCT. 13, 1978
92 STAT. 1147
nel Management that there exists a reasonable expectation of placement in another agency. " (3) i n selecting an employee for training under this subsection, the head of the agency shall consider— "(A) the extent to which the current skills, knowledge, and abilities of the employee may be utilized in the new position; "(B) the employee's capability to learn skills and acquire knowledge and abilities needed in the new position; and "(C) the benefits to the Government which would result from retaining the employee in the Federal service.", TRAVEL, TRANSPORTATION, AND SUBSISTENCE
SEC. 305. Section 5723(d) of title 5, United States Code, is amended by striking out "not". RETIREMENT
SEC. 306. Section 8336(d)(2) of title 5, United States Code, is amended to read as follows: "(2) voluntarily, during a period when the agency in which the employee is serving is undergoing a major reorganization, a major reduction in force, or a major transfer of function, as determined by the Office of Personnel Management, and the employee is serving in a geographic area designated by the Office;". VETERANS AND PREFERENCE ELIGIBLES
SEC. 307. (a) Effective beginning October 1, 1980, section 2108 of title 5, United States Code, is amended— (1) by striking out "and" at the end of paragraph (2); (2) by inserting in paragraph (3) after "means" the following: ", except as provided in paragraph (4) of this section"; (3) by striking out the period at the end of paragraph (3) and inserting in lieu thereof a semicolon; and (4) by adding at the end thereof the following new paragraphs: "(4) except for the purposes of chapters 43 and 75 of this title, 'preference eligible' does not include a retired member of the armed forces unless.— "(A) the individual is a disabled veteran; or "(B) the individual retired below the rank of major or its equivalent; and "(5) 'retired member of the armed forces' means a member or former member of the armed forces who is entitled, under statute, to retired, retirement, or retainer pay on account of service as a member.". (b)(1) Chapter 31 of title 5, United States Code, is amended by adding at the end thereof the following new section:
- § 3112. Disabled veterans; noncompetitive appointment
"Under such regulations as the Office of Personnel Management shall prescribe, an agency may make a noncompetitive appointment leading to conversion to career or career-conditional employment of a disabled veteran who has a compensable service-connected disability of 30 percent or more." (2) The Director of the Office of Personnel Management shall include in the reports required by section 2014(d) of title 38, United States Code, the same type of information regarding the use of the
39-194 O—80—pt. 1
76: QL3
Ante, p. 1131. Post, p. 1167. Ante, p. 1134.
"Retired member of the Armed Forces."
5 USC 3112.
38 USC 2014 note.
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