Page:United States Statutes at Large Volume 80 Part 1.djvu/465

 80 STAT. ]

PUBLIC LAW 89-554-SEPT. 6, 1966

formance rating is below "good" or "satisfactory" is entitled to be retained in preference to competing nonpreference employees who have equal or lower efficiency or performance ratings. § 3503. Transfer of functions (a) When a function is transferred from one agency to another, each preference eligible employed in the function shall be transferred to the receiving agency for employment in a position for which he is qualified before the receiving agency may make an appointment from another source to that position. (b) When one agency is replaced by another, each preference eligible employed in the agency to be replaced shall be transferred to the replacing agency for employment in a position for which he is qualified before the replacing agency may make an appointment from another source to that position. §3504. Preference eligibles; retention; physical qualifications; waiver In determining qualifications of a preference eligible for retention in a position in the competitive service, an Executive agency, or the government of the District of Columbia, the Civil Service Commission or other examining agency shall waive— (1) requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and (2) physical requirements if, in the opinion of the Commission or other examining agency, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position.

SUBCHAPTER II—RESTORATION AFTER ACTIVE DUTY OR TRAINING DUTY § 3551. Restoration; Reserves and National Guardsmen An employee as defined by section 2105 of this title or an individual employed by the government of the District of Columbia, permanent or temporary indefinite, who is ordered to active duty or to duty under sections 502-505 of title 32 as a Reserve of the armed forces or member of the National Guard is entitled, on release from duty, to be restored to the position held when ordered to duty. SUBCHAPTER III—REINSTATEMENT OR RESTORATION AFTER SUSPENSION OR REMOVAL FOR NATIONAL SECURITY § 3571. Reinstatement or restoration; individuals suspended or removed for national security An individual suspended or removed under section 7532 of this title may be restored to duty in the discretion of the head of the agency concerned. SUBCHAPTER IV—REEMPLOYMENT AFTER SERVICE WITH AN INTERNATIONAL ORGANIZATION §3581. Definitions For the purpose of this subchapter— (1) "agency" means— (A) an Executive agency; 65-300 0-67—30

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