Page:United States Statutes at Large Volume 92 Part 1.djvu/1275

 PUBLIC LAW 95-454—OCT. 13, 1978

92 STAT. 1221

"§ 5366. Appeals "(a)(1) In the case of the termination of any benefits available to an employee under this subchapter on the grounds such employee declined a reasonable offer of a position the grade or pay of which was equal to or greater than his retained grade or pay, such termination may be appealed to the OflSice of Personnel Management under procedures prescribed by the Office. "(2) Nothing in this subchapter shall be construed to affect the right of any employee to appeal— "(A) under section 5112(b) or 5346(c) of this title, or otherwise, any reclassification of a position; or "(B) under procedures prescribed by the Office of Personnel Management, any reduotion-in-force action. "(b) For purposes of any appeal procedures (other than those described in subsection (a) of this section) or any grievance procedure negotiated under the provisions of chapter 71 of this title— " (1) any action which is the basis of an individual's entitlement to benefits under this subchapter, and " (2) any termination of any such benefits under this subchapter, shall not be treated as appealable under such appeals procedures or grievable under such grievance procedure.". (2) Sections 5334(d), 5337, and 5345 of title 5, United States Code, are hereby repealed. (3)(A) Chapter 53 of title 5, United States Code, is amended— (i) by redesignating subchapter VI as subchapter VII, and (ii) by redesignating sections 5361 through 5365 as sections 5371 through 5375, respectively. (B)(i) The analysis of chapter 53 of title 5, United States Code, is amended by striking out the items relating to subchapter VI thereof and inserting in lieu thereof the following: "SUBCHAPTER VI—GRADE AND PAY RETENTION

"Sec.

Ante, p. 1192.

Repeal, 5 USC 5301 ^^ ^^9-

j t

"Sec.

"5361. Definitions. "5362. Grade retention following a change of positions or reclassification. "5363. Pay retention. "5364. Remedial actions. "5365. Regulations. "5366. Appeals. 1> «.. - . i"SUBCHAPTER VII—MISCELLANEOUS PROVISIONS

5 USC 5366.

,.

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"5371. Scientific and professional positions. "5372. Administrative law judges. "5373. Limitation on payfixedby administrative action. ,, "5374. Miscellaneous positions in the executive branch. "5375. Police force of National Zoological Park.". (ii) The analysis of such chapter is further amended by striking out the items relating to sections 5337 and 5345, respectively. (iii) Sections 559 and 1305 of title 5, United States Code, are each amended by striking out "5362," each place it appears and inserting "5372," in lieu thereof. (C) Section 3104(b) of title 5, United States Code, as redesignated Ante, p. 1178. by this Act, is amended by striking out "section 5361" and inserting "section 5371" in lieu thereof. (D) Section 5102(c)(5) of title 5, United States Code, is amended by striking out "section 5365" and inserting "section 5375" in lieu thereof.

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