2018 US Code
Title 5 - Government Organization and Employees
Part III - Employees
Subpart B - Employment and Retention
Chapter 33 - Examination, Selection, and Placement
Subchapter I - Examination, Certification, and Appointment
Sec. 3330b - Preference eligibles; judicial redress
| 5 U.S.C. § 3330b (2018) |
| §3330b. Preference eligibles; judicial redress |
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(a) In lieu of continuing the administrative redress procedure provided under section 3330a(d), a preference eligible, or a veteran described by section 3330a(a)(1)(B) with respect to a violation described by such section, may elect, in accordance with this section, to terminate those administrative proceedings and file an action with the appropriate United States district court not later than 60 days after the date of the election. (b) An election under this section may not be made— (1) before the 121st day after the date on which the appeal is filed with the Merit Systems Protection Board under section 3330a(d); or (2) after the Merit Systems Protection Board has issued a judicially reviewable decision on the merits of the appeal. (c) An election under this section shall be made, in writing, in such form and manner as the Merit Systems Protection Board shall by regulation prescribe. The election shall be effective as of the date on which it is received, and the administrative proceeding to which it relates shall terminate immediately upon the receipt of such election. |
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(Added Pub. L. 105–339, §3(a), Oct. 31, 1998, 112 Stat. 3184; amended Pub. L. 108–454, title VIII, §804(b), Dec. 10, 2004, 118 Stat. 3626.) |
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AMENDMENTS
2004—Subsec. (a). Pub. L. 108–454, which directed insertion of ", or a veteran described by section 3330a(a)(1)(B) with respect to a violation described by such section," after "a preference eligible" in subsec. (a) of section 3330b, without specifying the Code title to be amended, was executed by making the insertion in subsec. (a) of this section, to reflect the probable intent of Congress. |
| United States Code, 2018 Edition, Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart B - Employment and Retention CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT Sec. 3330b - Preference eligibles; judicial redress |
| section 3330b |
| 2018 |
| January 14, 2019 |
| Yes |
| standard |
| 112 Stat. 3184 118 Stat. 3626 |
| Public Law 105-339, Public Law 108-454 |
